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HomeMy WebLinkAbout072799 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE July 27, 1999 - 7:00 P.M. 5:30 P;M. - Closed· Session of the City Council, in the, Main Conference Room, pursuant to Government Code Section·s: 1. Conference with real property' negotiator pursuant to Government Code Section 54.956.8 conerning the acquisition of real property at 2849,6 Pujol Street (APN 922- 053-005). The negotiating parties are the City of Temecu'=!aiRedevelopment Agency of the City of Temecula and Viefli=aus and Barker; Under negotiation are the price and terms of payment of the real· .property interests proposed to be acquired. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. 2. 'ConferenceWith City Attorney and legal counsel pursuant to Government Cod3 · 54956.9(a) with respect·to one matter of existing litigation involving the City and/or the Agency. The following case/claim will be discussed: (a) Blind Pig Brewery. Conference with real· property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28410 Front Street (APN 922-023-019 and APN 921-070-006). The negotiating parties are the City of TemeculalRedevelopmentAgency of the City of Temecula and: Richard G. Gabriel and Marilyn F. Gabriel; Trustees·of the Gabriel Family Trust; James N. Senechal; Trustee of the James N. Senechal Declaration of Trust; David L. Phares and Susie G..Phares; Thomas H. Maxwell and Janice M. Maxwelj; and Wayne F. Whitehurst. 4. Discussion of candidates for position of City Manager to Government Code Section 54957. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: No. 99-20 Resolution: No. 99-73 R:~Agenda\072799 CALL TO ORDER: Prelude Music: Katie Welsh Invocation: Pastor John Chambers of Grace Presbyterian Flag Salute: Councilman Comerchero ROLL CALL: Comerchero, Lindemans, Roberts, Stone, Ford PRESENTATIONS/PROCLAMATIONS International Year of Older Persons in Temecula Proclamation Juvenile Offender Law Enforcement Team ('JOLT) Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:~genda\072799 2 3 4 5 Resolution Approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT Amendment No. 4 to Police Services Contract RECOMMENDATION: 3.1 Authorize modification to the City's current law enforcement contract with Riverside County to add one traffic officer and one special team officer to increase patrol hours by the equivalent of two full-time patrol officers and to authorize the Mayor to execute the contract in substantially the form attached. Authorization of Special Tax Levy in Community Facilities District No. 88-12 ('Ynez Corridor) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) Award of Contract for P.C. Workstations RECOM M E N DATI ON: 5.1 Award a contract for Pentium based computer workstations to Tech 101-Arcus, Inc., 16812 Millikan Avenue, Irvine, California, in the amount of $2,365.11 per unit, for a total purchase amount of $243,606.59. A.greement between City of Temecula and BidAmerica RECOMMENDATION: 6.1 Approve an Agreement for the scanning of building permits for the Building and Safety Department in its proposal for an amount not to exceed $37,760.45. R:~,genda\072799 6 Agreement between City of Temecula and BidAmerica - Approved Staff Recommendation (5-0-0) KL/JC 7 8 9 10 RECOMMENDATION: 6.1 Approve an Agreement for the scanning of building permits for the Building and Safety Department in its proposed for an amount not to exceed $37,760.45. Contract Plan Checking Services - JAS Pacific. Inc, - Approved Staff Recommendation (5-0-0) KL/JC RECOMMENDATION: 7.1 Approve an Agreement for plan check services with JAS Pacific, Inc. and the Building and Safety Department in the amount of $25,000; 7.2 Approve a 10% or $2,500 contingency for plan check services. Contract Inspection Services Agreement for JAS Pacific. Inc, - Approved Staff Recommendation (5-0-0) KL/JC RECOMMENDATION: 8.1 Approve an Agreement for Consultant Services for JAS Pacific, Inc., in the amount of $60,320 to continue providing building inspection services to the Building and Safety Department. Contract Inspection Services for Building and Safety - Approved Staff Recommendation (5-0-0) KUJC RECOMMENDATION: 9.1 Approve an Agreement for Consultant Services with P & D Consultants in an amount not to exceed $60,000 to provide supplemental building inspection services to the Building and Safety Department. Approval of Funds for Plan Review Services - Approved Staff Recommendation (5-0-0) KL/JC RECOMMENDATION: 10.1 Approve an expenditure in an amount not to exceed $75,000 for Plan Check Services with Esgil Corporation; 10.2 Approve an expenditure in an amount not to exceed $75,000 for Plan Check Services with VanDorpe Chou and Associates. R:~Agenda\072799 4 12 Memorandum of Understandin.q for Emer.qencv Ambulance Services RECOMMENDATION: 12.1 Approve the Memorandum of Understanding (MOU) between the City of Temecula and the County of Riverside, Emergency Medical Services (EMS) Agency, for joint monitoring of Ambulance Services. 13 Riverside County Library Contract Amendment 14 15 RECOMMENDATION: 13.1 Authorize the City Manager to execute the Second Amendment to Agreement to provide Library Services (additional staff); 13.2 Authorize the expenditure of an amount to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions at the fiscal year 1998-99 level for fiscal year 1999-00. Citywide Tree Trimming Maintenance Service RECOMMENDATION: 14.1 Award the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc., for $150,000.00 and authorize the Mayor to execute the contract; 14.2 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. Authorize Chan.qe to Temporary Partial Street Closures for Bike Races from July 31, 1999 to September 25, 1999 ('Business Park Drive and Single Oak Drive) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING RESOLUTION NO. 99- 67 WHICH AUTHORIZED PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, 1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, TO CHANGE THE LATTER DATE TO SEPTEMBER 25, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS R:~Agenda\072799 16 17 18 Accept Public Improvements in Tract No. 21821 (located northwesterly of Via Norte at Kahwea Road) RECOMMENDATION: 16.1 Accept the public street and water improvements in Tract No. 21821; 16.2 Authorize reduction in Faithful Performance security to the warranty level, initiation of the one-year warranty period and release of the Traffic Signalization Mitigation security; 16.3 Direct the City Clerk to so advise the developer and surety. Acceptance of Public Street into the City-Maintained Street System within Tract No. 21821 (located northwesterly of Via Norte at Kahwea Road) RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 2'182'1 ) Substitute A.qreements and Securities in Tract No. 24188-1 ('(located northwesterly of intersection of Butterfield Stage Road at De Portola Road) RECOMMENDATION: 18.1 Accept the substitute Subdivision Improvement and Subdivision Monument Agreements and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24188-1; 18.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file; 18.3 Direct the City Clerk to so notify the developer and sureties. 19 First Street Brid.qe Project - Project No. PW95-08 RECOMMENDATION: 19.1 Approve agreement in the amount of $80,540 with Tom Dodson & Associates to monitor the environmental impacts associated with the construction of the First Street Bridge - Project No. PW95-08 - and authorize the Mayor to execute this agreement. R:~Agenda\072799 6 20 Renewal of Annual Street Striping Contract for FY99-00 - Proiect No. PW97-28 RECOMMENDATION: 20.1 Approve the extension of the Street Striping Contract with Pacific Striping, Inc. of Whittier for Fiscal Year 1999-00 for a period one (1) year beginning July 1, 1999, in an amount of $150,000.00; 20.2 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. 21 Tract Map No. 23100-7 (located south of La Serena Way, east of Meadows Parkway, west of Butterfield Stafie Road, and north of Rancho California Road in the Mar.qarita Villafie Specific Plan No. 199 RECOMMENDATION: 21.1 Approve Tract Map No. 23100-7 in conformance with the Conditions of Approval; 21.2 Approve the Subdivision Improvement Agreement; 21.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 22 Agreement for Professional Service with Robert Bein, William Frost & Associates for I- 15/SR-79 South Interchanfie Project Study Report (PSR) PW96-05 and I-15/Santia.qo Road New Connection Concept Analysis - Project No. PW99-03 RECOMMENDATION: 22.1 Approve an agreement with Robert Bein, William Frost & Associates to provide professional engineering services for the preparation of the I-15/SR-79 South Interchange Project Study Report (PSR) and I-15/Santiago Road New Connection Concept Analysis for an amount not to exceed $86,776.00 and authorize the Mayor to execute the agreement; 22.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $8,677.60. 23 Acceptance of Grant of Easement of Storm Drain Improvements for the First Street Bridge RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE R:%Agenda\072799 24 Second Readin.cl of Ordinance No. 99-18 RECOMMENDATION: 24.1 Adopt an ordinance entitled: ORDINANCE NO. 99-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0446 (ZONING AMENDMENT, MAP CHANGE) AMENDING THE CITY'S ZONING MAP, CHANGING THE ZONING OF 1.07 NET ACRES FROM LOW DENSITY RESIDENTIAL L1 (1 ACRE TO 2.5 ACRE NET LOT SIZE) TO LOW DENSITY RESIDENTIAL L2 (1/2 ACRE TO 1 ACRE NET LOT SIZE) ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-070-011 25 Second Reading of Ordinance No. 99-19 RECOMMENDATION: 25.1 Adopt an ordinance entitled: ORDINANCE NO. 99-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA99-0104, AMENDMENT NO. 1 TO SPECIFIC PLAN NO. 263 (THE TEMECULA REGIONAL CENTER), AMENDING SECTION IV.E.4., TO ALLOW A 21- FOOT HIGH ENTERTAINMENT MARQUEE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-052,-053, AND -054 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE WINCHESTER HILLS FINANCE AUTHORITY R:~Agenda\072799 8 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 99-01 Resolution: No. CSD 99-14 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Ford, Lindemans, 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 Completion and Acceptance of the Community Recreation Center Gym Coolin.q System - Proiect No. PW97-22CSD RECOMMENDATION: 1.1 File the Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 1.2 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 2 Award Restroom Maintenance Services Contract for FY 1999-00 RECOMMENDATION: 2.1 Award a twenty-three (23) month contract to Self's Janitorial Service to provide park and facility restroom maintenance services in the amount not to exceed $38,880 for Fiscal Year 1999-00. R:~genda\072799 9 DISTRICT BUSINESS 3 Sports Complex Request for Qualifications and Subcommittee RECOMMENDATION: 3.1 Approve the release of a Request for Qualifications (RFQ) to qualified firms for a feasibility study for the development of a sports complex; 3.2 Appoint two (2) members of the Board of Directors to serve on a sports Complex subcommittee. 4 Children's Museum Request for Qualifications and Subcommittee RECOMMENDATION: 4.1 Approve the release of a Request for Qualifications (RFQ) to qualified firm for a feasibility study regarding the development of a local children's museum; 4.2 Appoint two (2) members of the Board of Directors to serve on a children's Museum subcommittee, DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next meeting: Tuesday, August 10, 1999, at 7:00 P.M., scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~,genda~72799 10 ~ TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL Next in Order: Ordinance: No. RDA 99-01 Resolution: No. RDA 99-11 Chairperson Karel Lindemans presiding AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Granting of an Easement for Storm Drain Improvements for the First Street Bridge RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA GRANTING AN EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT R:~Agenda\072799 11 AGENCY MEMBERS' REPORTS ADJOURNMENT Next meeting: Tuesday, August 10, 1999, at 7:00 P.M., scheduled to follow City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~genda\072799 12 WINCHESTER HILLS FINANCE AUTHORITY . Next in Order: Ordinance: No. WHFA 99-01 Resolution: No. WHFA 99-01 CALL TO ORDER: Chairman Jeff Comerchero presiding ROLL CALL AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, and Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 25, 1998. 2 Authorization of Special Tax Levy in Community Facilities District No. 98-1 (Winchester Hills) RECOM MEN DATI ON: 2.1 Adopt a resolution entitled: R:~Agenda\072799 13 RESOLUTION NO. WHFA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT R:~Agenda\072799 14 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 26 An Appeal of the Planning Commission's Decision to Recommend Approval to the City Council for PA98-0511, a Zoning Amendment to create a Planned Development Overlay, and the Planning Commission's approval of PA98-0512, a proposal to develop a 244-unit senior apartment complex with two- and three-story buildin.qs on an 8.13 acre lot RECOMMENDATION: 26.1 Adopt the Mitigated Negative Declaration for Planning Application NO. PA98-12; 26.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT- APPEAL) AND PA 98-0512 (DEVELOPMENT PLAN-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO RECOMMEND THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT) TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY AND TO APPROVE PLANNING APPLICATION NO PA98-0512 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A 244-UNIT SENIOR HOUSING COMPLEX ON THE NORTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 26.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA CITY FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY ALSO KNOWN AS PARCEL A OF LOT LINE ADJUSTMENT PA 98-0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 (PLANNING APPLICATION NO. PA98-0511 ) R:~Agenda~72799 15 27 Ordinance Re.qulatin.q Massaqe Establishments and Massage Practitioners (Planning Application PA97-0201 ~ RECOMMENDATION: 27.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- TEMECULA REGULATIONS THE CITY OF TEMECULA REGULATIONS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22 TO THE MUNICIPAL CODE ESTABLISHING FOR MASSAGE ESTABLISHMENTS WITHIN TEMECULA AND CHAPTER 5.23 TO THE MUNICIPAL CODE ESTABLISHING FOR MASSAGE PRACTITIONERS WITHIN THE CITY OF TEMECULA REPEALING RIVERSIDE COUNTY ORDINANCE NO. 596 AS ADOPTED BY THE CITY AND AMENDING SECTION 1.08.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE OF RIVERSIDE COUNTY ORDINANCES 28 Adoption of an Ur.qencV Ordinance Prohibiting the Permittin.q, Approval, Development, and Placement of Additional Wireless Communications Facilities RECOMMENDATION: 28.1 Adopt an Urgency Ordinance: ORDINANCE NO. 99- AN URGENCY AND REGULAR INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING AN EXTENSION OF ORDINANCE NO. 99-'17 WHICH ESTABLISHED A PROHIBITION ON THE PERMITTING, APPROVAL, DEVELOPMENT, AND PLACEMENT OF ALL FORMS OF WIRELESS COMMUNICATIONS FACILITIES AND MAKING CERTAIN FINDINGS IN SUPPORT THEREOF COUNCIL BUSINESS 29 Infestation of the insect - Glassv-win.qed Sharpshooter (at the request of Mayor Pro Tem Stone) RECOMMENDATION: 29.1 Consider funding in an amount not to exceed $25,000 to the University of California Riverside (UCR) for immediate research toward the recent infestation of this insect in our local wineries. R:~Agenda\072799 16 30 Award of Construction Contract for Rancho California Road at 1-15 Ramp Improvements - Project No. PW95-12 (PW98-08) RECOMMENDATION: 30.1 Receive an oral report on the bids received July 27, 1999; 30.2 Award a construction contract for the Rancho California Road At I-15 Ramp Improvements- Project No. PW95-12 (PW98-08) and authorize the Mayor to execute the contract; 30.3 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of 10% of the contract amount. 31 Nicolas Road Sidewalk Project RECOMMENDATION: 31.1 Receive and file a status report regarding the Nicolas Road Sidewalk Project. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: Tuesday, August 10, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\072799 17 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,211,317.25. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 27t" day of July, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SE q Res~ ~- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 99- was duly adopted at a regular meeting of the City Coundl of the City of Temecula on the 27b day of July, 1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 07~08/99 TOTAL CHECK RUN: 07/15/99 TOTAL CHECK RUN: 07/27/99 TOTAL CHECK RUN: 07/08/99 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 07~27~99 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES $ 931,241.49 7,871.84 125,805.55 13,275.37 25,926.05 29,486.09 824.23 779,531.12 26,439.74 25,547.41 27,306.28 10,219.35 8,029.13 251.960.28 254,753.98 1,504,789.39 199,813.60 2,211,317.25 2,011,503.65 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 19,". TCSD SERVICE LEVEL D 2, ,') REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 310 VEHICLES FUND 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: PREPARED JADA Y.~ON~~irSPECIALIST GE~~TOR OF FINANCE 138,517.62 3,932.77 40,560.61 64.86 165.21 2,214.04 953.48 ~,162.66 703 11 5,144.58 1,263.81 4,130.85 199,813.60 2,211,317.25 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 07/08/99 12:57 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 13 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 147,457.49 4,724.50 26,482.89 187.68 67.07 1,380.58 451.62 10,313.04 17,106.39 24,751.37 8,747.56 5,634.89 4,655.20 TOTAL 251,960.28 VOUCHRE2 07/08/99 12:57 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 56593 56594 56595 56598 56598 56598 56598 56598 56598 56598 56598 56599 56599 56599 56599 56600 56601 56602 56602 56602 56602 56602 56602 56602 56602 56602 56602 56602 CHECK DATE 07/01/99 07/01/99 07/07/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 003710 003587 003751 003552 003552 003552 003552 003552 003552 003552 003552 000116 000116 000116 000116 003639 003679 003285 003285 003285 003285 003285 003285 003285 003285 003285 003285 003285 VENDOR NAME RIVERA, FRED RIZZO CONSTRUCTION INC RIVERSIDE CO EDUCATION AFLAC AFLAC AFLAC AFLAC AFLAC AFLAC AFLAC AFLAC A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS ADVANCE COPY SERVICES AEI CASC ENGINEERING AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV AMERIPRIDE UNIFORM SERV ITEM DESCRIPTION SUMMER CONCERT SERIES PROF.SERVICES:O.T. STREETSCAPE COMM.ACTION WKSHP:7/25-27/99 003552 CANCER 003552 EXP PROT 003552 EXP PROT 003552 EXP PROT 003552 HOSP IC 003552 STD 003552 STD 003552 STD 000116 AVP 000116 AVP 000116 AVP COBRA/JULY/VISION/GREEK FAX MACHINE REPAIRS:STOREFRONT EVALUATION:WIRELESS CONMUNICAT JUN RENTAL MATS/TOWELS: CRC JUN UNIFORMS RENTAL: PW MAINT JUN UNIFORMS RENTAL: PW MAINT JUN RENTAL MATS/TOWELS:SR CTR JUN RENTAL MATS/TOWELS:TCC JUN RENTAL MATS/TOWELS:C.HALL JUN RENTAL MATS/TOWELS:MNTC FA JUN UNIFORMS RENTAL:TCSD JUN UNIFORMS RENTAL: TCSD OVRCHRGED:PER CONTRACT NO PREP OVRCHRGED:PER CONTRACT NO PREP ACCOUNT NUMBER 190-183-999-5370 280-199-824-5804 001-100-999-5258 001-2330 001-2330 190-2330 300-2330 001-2330 001-2330 190-2330 300-2330 001-2310 190-2310 340-2310 001-1180 001-170-999-5215 001-161-999-5250 190-182-999-5250 001-164-601-5243 001-164-601-5243 190-181-999-5250 190-184-999-5250 340-199-701-5250 340-199-702-5250 190-180-999-5243 190-180-999-5243 001-164-601-5243 190-180-999-5243 ITEM AMOUNT 600.00 16,115.00 690.00 234.50 189.23 55.80 5.47 17.50 638.40 112.00 8.00 605.95 29.75 18.58 18.58 85.00 2,800.00 76.16 55.61 20.00 36.96 51.36 83.40 34.20 29.45 20.00 13.75- 13.75- CHECK AMOUNT 600.00 16,115.00 690.00 1,260.90 672.86 85.00 2,800.00 379.64 56603 56603 56603 56604 07/08/99 07/08/99 07/08/99 07/08/99 001323 001323 001323 000427 ARROWHEAD WATER INC ARROWHEAD WATER INC ARROWHEAD WATER INC ARTESIA IMPLEMENT INC DRINKING WATER FOR CITY HALL DRINKING WATER FOR CRC DRINKING WATER FOR CITY HALL TCSD TRACTOR REPAIRS & SERVICE 340-199-701-5250 190-182-999-5250 340-199-701-5250 190-180-999-5214 101.07 37.03 253.66 390.30 391.76 390.30 56613 56614 56614 56614 56614 56614 56614 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 003017 000622 000622 000622 000622 000622 000622 BALDERSON, SCOTT BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER TCSD INSTRUCTOR EARNINGS ELECTRICAL SVC- TCC ELECTRICAL SVC-RANCHO VISTA PK ELECTRICAL SERVICES - CRC ELECTRICAL SVCS-PARKS ELECTRICAL SVC-PARKS ELECTRICAL SERVICES - CRC 190-183-999-5330 190-184-999-5212 190-180-999-5212 190-182-999-5212 190-180-999-5212 190-180-999-5212 190-182-999-5212 160.00 67.50 230.50 67.50 90.00 45.00 155.00 160.00 655.50 VOUCHRE2 07/08/99 12:57 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 56615 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56616 56618 56618 56618 56618 56618 56618 56618 56618 56618 56618 56618 56618 56618 56618 56619 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 003553 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 000128 001374 VENDOR NAME BORROEL, TRACEY C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CAL SURANCE ASSOCIATES CALIF SECRETARY OF STAT ITEM DESCRIPTION REFUND: SUMMER DAY CAMP 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD 003553 STD WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 WORKERS' COMP FOR JUNE 99 f99 TEM PUBLIC FAC CORP FEES ACCOUNT NUMBER 190-183-4984 001-2380 165-2380 190-2380 191-2380 192-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 165-2500 190-2500 191-2500 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-2370 165-2370 190-2370 191-2370 192-2370 193-2370 194-2370 280-2370 300-2370 320-2370 330-2370 340-2370 001-1182 190-181-999-5112 001-140-999-5226 ITEM AMOUNT 65.00 1,326.17 37.20 216.90 .75 1.93 23.12 10.86 16.41 7.12 37.35 8.08 27.52 1,851.11 51.94 302.76 1.05 2.70 32.26 15.14 22.90 9.94 52.14 11.28 38.42 3,626.67 88.88 1,098.76 .67 1.69 40.11 16.64 32.99 6.81 59.86 11.34 253.06 28.24 4.48 10.00 CHECK AMOUNT 65.00 4,105.05 5,270.20 10.00 56620 56620 56620 56620 56620 56620 56620 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 003554 003554 003554 003554 003554 003554 003554 CANADA LIFE ASSURANCE C 003554 CANADA LIFE ASSURANCE C 003554 CANADA LIFE ASSURANCE C 003554 CANADA LIFE ASSURANCE C 003554 CANADA LIFE ASSURANCE C 003554 CANADA LIFE ASSURANCE C 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS LIFE INS LIFE INS LIFE INS LIFE INS LIFE INS LIFE INS 001-2360 165-2360 190-2360 191-2360 192-2360 193-2360 194-2360 568.76 13.01 103.46 .33 .98 10.63 5.84 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56620 56620 56620 56620 56620 56621 56621 56621 56621 56622 56623 56623 56623 56624 56624 56624 56625 56625 56625 56625 56626 56626 56626 56626 56626 56626 56626 56626 56627 56627 56628 56629 56630 56630 56631 56632 56633 12:57 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 003554 003554 003554 003554 003554 000135 000135 000135 000135 002989 003712 003712 003712 001193 001193 001193 002405 002405 002405 002405 000447 000447 000447 000447 000447 000447 000447 000447 001923 001923 001014 002631 003573 003573 001233 002701 VENDOR NAME CANADA LIFE ASSURANCE C CANADA LIFE ASSURANCE C CANADA LIFE ASSURANCE C CANADA LIFE ASSURANCE C CANADA LIFE ASSURANCE C CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CLEAR IMAGE WINDOW CLEA COLTON SURVEYING INSTRU COLTON SURVEYING INSTRU COLTON SURVEYING INSTRU COMP U S A INC COMP U S A INC COMP U S A INC COMPUTER PROTECTION TEC COMPUTER PROTECTION TEC COMPUTER PROTECTION TEC COMPUTER PROTECTION TEC COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET CONVERSE CONSULTANTS CONVERSE CONSULTANTS COUNTRY SIGNS & DESIGNS COUNTS UNLIMITED INC DANKEL, AMY K. DANKEL, AMY K. DANS FEED & SEED INC DELASKI, ESTELLA DIVERSIFIED RISK CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 003554 LIFE INS 003554 LIFE INS 003554 LIFE INS 003554 LIFE INS 003554 LIFE INS STREET SIGNS & MISC HARDWARE SIGNS FOR NEW CIP HOTLINE NO. STREET SIGNS & MISC HARDWARE STREET SIGNS & MISC HARDWARE EXTERIOR WINDOW CLEANING-C.HAL TRIPOD & ROD'S CIP DIVISION FREIGHT SALES TAX MICROSOFT SOFTWARE MAINTENANCE MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES BATTERY FOR DELTEC UPS LABOR TO INSTALL BATTERIES FREIGHT SALES TAX MOBILE RADIO TK930HD ANTENNA & CABLE KIT FOR RADIO SPEAKER & SWITCH KIT FOR RADIO LABOR TO INSTALL RADIO/ANTENNA SALES TAX RADIOS FOR NEW CITY VEHICLES BASE RADIO STATION:MNTC FAC BASE RADIO STATION:MNTC FAC MAY GEOTECHNICAL SVC:MARGARITA GEOTECHNICAL SVCS:LIBRARY SITE CAST CITY SEALS:MARG/WINCH PRK JUN 99 TRAFFIC COUNT CONSUS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS PROPANE GAS FOR FIELD TANKS REFUND: SUMMER DAY CAMP JUNE 99 SPECIAL EVENT INSURANC ACCOUNT NUMBER 280-2360 300-2360 320-2360 330-2360 340-2360 001-164-601-5244 001-164-601-5244 001-164-601-5244 001-164-601-5244 340-199-701-5212 001-165-999-5242 001-165-999-5242 001-165-999-5242 320-199-999-5211 320-199-999-5221 320-199-999-5211 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5215 340-199-701-5610 340-199-701-5610 340-199-701-5610 340-199-701-5610 340-199-701-5610 001-162-999-5610 001-162-999-5610 001-162-999-5610 210-190-154-5804 210-199-129-5802 190-180-999-5244 001-164-602-5406 190-183-999-5330 190-183-999-5330 001-164-601-5218 190-183-4984 300-2180 ITEM AMOUNT 6.49 3.24 13.00 6.50 15.26 231.34 1,228.35 139.54 63.57 45.00 1,248.00 15.00 96.72 1,933.83 314.29 209.92 1,036.00 360.00 47.31 80.29 882.00 65.00 85.00 150.00 79.98 2,470.28 1,656.12 742.71 765.00 1,800.00 908.98 580.00 216.00 720.00 34.13 75. O0 87.18 PAGE 3 CHECK AMOUNT 747.50 1,662.80 45.00 1,359.72 2,458.04 1,523.60 6,131.09 2,565.00 908.98 580.00 936.00 34.13 75.00 87.18 VOUCHRE2 07/08/99 12:57 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 56634 56635 56635 56635 56635 56635 56635 56635 56635 56635 56635 56635 56635 56635 56635 56635 56636 56637 56638 56639 56639 56639 56640 56640 56640 56640 56641 56641 56641 56641 56641 56641 56641 56641 56641 56641 56641 56641 56641 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 001673 001380 001380 001380 001380 001380 001380 001380 001380 001380 001380 001380 001380 001380 001380 001380 002390 002079 002939 003623 003623 003623 002037 002037 002037 002037 000165 000165 000165 000165 000165 000165 000165 000165 000165 000165 000165 000165 000165 VENDOR NAME DIVERSIFIED TEMPORARY S E S E S E S E S ES E S E S E S E S ES E S E S E S E S ES EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EASTERN MUNICIPAL WATER ELIZABETH HOSPICE ENVIRONMENTAL SYSTEMS R EXCEL HARDWARE EXCEL HARDWARE EXCEL HARDWARE EXPANETS EXPANETS EXPANETS EXPANETS FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS ]NC ITEM DESCRIPTION TEMP HELP W/E 06/27 WIGHTMAN TEMP HELP W/E 06/04 GORMAN TEMP HELP W/E 06/04 WILLIAMS TEMP HELP W/E 06/04 WILLJAMS TEMP HELP W/E 06/04 WILLIAMS TEMP HELP W/E 06/04 WILLIAMS TEMP HELP W/E 06/04 GORMAN TEMP HELP W/E 06/18 MILES TEMP HELP W/E 06/18 MILES TEMP HELP W/E 06/18 MILES TEMP HELP W/E 06/18 DEGANGE TEMP HELP W/E 06/18 SERVEN TEMP HELP W/E 06/18 SERVEN TEMP HELP W/E 06/18 SERVEN TEMP HELP W/E 06/18 MENDOZA TEMP HELP W/E 06/18 MENDOZA ADDITIONAL CHRGES:OVRLD DR SWR 98-99 COMMUNITY SVC FUNDING ANNUAL USER CF:7/26-30:K.8EAL HARDWARE SUPPLIES - OLD TWN CREDIT: RETURNED ITEMS HARDWARE SUPPLIES - PW MAINT 32 BUTTON SERIES E DTERM PHONE FREIGHT SALES TAX TELEPHONE MAINT & REPAIRS EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES ACCOUNT NUMBER 001-111-999-5118 001-162-999-5118 001-161-999-5118 001-162-999-5118 001-161-999-5118 001-162-999-5118 001-1990 001-163-999-5118 001-164-604-5118 001-165-999-5118 001-161-999-5118 001-164-603-5118 190-180-999-5118 193-180-999-5118 330-1990 340-199-701-5118 210-165-604-5804 001-101-999-5267 001-161-999-5261 280-199-999-5362 280-199-999-5362 001-164-601-5218 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5215 001-162-999-5230 001-162-999-5230 001-161-999-5230 001-110-999-5230 001-150-999-5230 001-1990 001-164-604-5230 001-165-999-5230 001-164-604-5230 001-165-999-5230 001-162-999-5230 001-150-999-5230 320-199-999-5230 ITEM AMOUNT 260.00 561.06 385.16 385.16 166.60 166.60 1,474.68 120.94 423.29 423.29 2,858.40 375.84 375.84 742.72 442.00 458.58 2,350.01 2,500.00 300.00 15.00 1.02- 646.39 1,944.00 38.88 150.66 48.00 8.50 92.25 17.75 26.75 12.75 16.25 11.00 42.50 23.75 53.75 44.50 12.75 14.70 CHECK AMOUNT 260.00 9,360.16 2,350.01 2,500.00 300.00 660.37 2,181.54 377.20 56642 56642 56642 07/08/99 07/08/99 07/08/99 000166 000166 000166 FIRST AMERICAN TITLE CO FIRST AMERICAN TITLE CO FIRST AMERICAN TITLE CO LOT BOOK REPRT:CAMINO VERDE LOT BOOK REPT: RUSTIC GLEN DR. LOT BOOK REPT: WINCH CREEK AVE 165-199-813-5804 165-199-813-5804 165-199-813-5804 150.00 150.00 150.00 450.00 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56643 56643 56643 56644 56645 56646 56647 56647 56647 56647 56647 56647 56647 56647 56648 56649 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56650 56651 56652 56653 56653 56653 56653 56653 56653 12:57 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 001989 001989 001989 000184 003531 002528 000177 000177 000177 000177 000177 000177 000177 000177 002174 001697 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 000186 002107 002107 002107 002107 002107 002107 VENDOR NAME FOX NETWORK SYSTEMS INC FOX NETWORK SYSTEMS INC FOX NETWORK SYSTEMS INC G T E CALIFORNIA - PAYM GATEWAY GLASS BLASTERS GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GROUP 1 PRODUCTIONS HALL, NANCY LEE HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE [NC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HARBRO INC. HARRIS, MICHELLE HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 20' CYBEX CABLE SET FREIGHT SALES TAX 909 699-1370 SVC FOR COP EMPLOYEE COMPUTER PURCHASE PGM CITY MUGS FOR NEW HIRES QTY 200 INTEROFFICE ENVELOPES QTY 400 INTEROFFICE ENVELOPES SALES TAX OFFICE SUPPLIES - FINANCE OFFICE SUPPLIES - FINANCE OFFICE SUPPLIES - FINANCE OFFICE SUPPLIES - HR DEPT OFFICE SUPPLIES - HR DEPT GREAT RACE VIDEO PRODUCTION TCSD INSTRUCTOR EARNINGS HARDWARE SUPPLIES - FIRE DEPT HARDWARE SUPPLIES - PW ST MAIN HARDWARE SUPPLIES - CITY HALL HARDWARE SUPPLIES - SKATE PRK HARDWARE SUPPLIES - CRC HARDWARE SUPPLIES - PARKS HARDWARE SUPPLIES - SR CENTER HARDWARE SUPPLIES - TCC HARDWARE SUPPLIES - PW INSPECT TABLE SAW-FOR VARIOUS USAGE TABLE SAW-FOR VARIOUS USAGE TABLE SAW-FOR VARIOUS USAGE TABLE SAW-FOR VARIOUS USAGE TABLE SAW-FOR VARIOUS USAGE TABLE SAW-FOR VARIOUS USAGE TABLE SAW-FOR VARIOUS USAGE TABLE SAW-FOR VARIOUS USAGE REFD OVRPMT OF FEES B99-1437 REFUND: SUMMER DAY CAMP 002107 VL ADVAN 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE ACCOUNT NUMBER 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5208 001-1175 001-150-999-5265 330-199-999-5220 330-199-999-5220 330-199-999-5220 001-140-999-5220 001-140-999-5220 001-1990 001-150-999-5220 001-150-999-5220 280-199-999-5250 190-183-999-5330 001-171-999-5212 001-164-601-5218 340-199-701-5212 190-183-999-5305 190-182-999-5212 190-180-999-5212 190-181-999-5212 190-184-999-5212 001-164-601-5218 190-180-999-5242 190-181-999-5242 190-182-999-5242 190-184-999-5242 340-199-701-5242 340-199-702-5242 001-164-603-5242 001-164-603-5242 001-2660 190-183-4984 001-2510 001-2510 190-2510 192-2510 193-2510 194-2510 ITEM AMOUNT 250.00 23.15 19.38 61.59 1,979.37 15.09 44.80 98.40 11.10 576.84 446.00 228.42 141.12 120.27 236.50 128.00 12.54 241.47 289.74 139.04 551.98 861.31 2.90 219.76 19.05 110.96 56.67 56.67 141.66 85.00 56.67 84.99 .01- 25.67 80.00 198.15 180.35 7.68 .34 1.70 3.40 PAGE 5 CHECK AMOUNT 292.53 61.59 1,979.37 15.09 1,666.95 236.50 128.00 2,930.40 25.67 8O.00 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56653 56653 56653 56653 56653 56653 56653 56653 56654 56654 56654 56654 56655 56656 56657 12:57 CHECK VENDOR VENDOR DATE NUMBER NAME 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 002107 HIGHMARK INC 002107 HIGHMARK INC 002107 HIGHMARK INC 002107 HIGHMARK INC 002107 HIGHMARK INC 002107 HIGHMARK INC 002107 HIGHMARK INC 002107 HIGHMARK INC 000194 000194 000194 000194 I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS 003737 IKON OFFICE SOLUTIONS 003757 INSURANCE COMPANY OF TH 001407 INTER VALLEY POOL SUPPL CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 002107 VOL LIFE 002107 VL REVER 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP MICROSOFT OFFICE TRAINING SETTLEMENT AGREEMENT CRC POOL SANITIZING CHEMICALS 56658 07/08/99 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 56659 56660 56661 56662 56663 56663 56663 56664 56664 000388 INTL CONFERANCE OF BUIL 000501 INTL INSTITUTE OF MUNIC 001186 IRWIN, JOHN 003223 K E A ENVIRONMENTAL, IN 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 002023 KING, WENDE 002023 KING, WENDE 000206 KINKOS INC 000206 KINKOS INC 000206 KINKOS INC 000206 KINKOS INC 000209 L & M FERTILIZER INC 003741 LA MESA TRANSFER & STOR 003054 LYNDE ORDWAY 003054 LYNDE ORDWAY 003054 LYNDE ORDWAY 56665 56665 56665 56665 56666 56667 56668 56668 56668 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 UNIFORM FIRE CODE EXAM:PISTER MEMBERSHIP:S.JONES/M.BALLREICH TCSD INSTRUCTOR EARNINGS MAY BIOLOGICAL SVCS:PALA BRDGE PLAN CHECK SVCS: APR-JUN 99 JUN WORKERS' COMP COVERAGE JUN WORKERS' COMP COVERAGE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS STATIONERY PAPER/MISC SUPPLIES STATIONERY PAPER/MISC SUPPLIES STATIONERY PAPER/MISC SUPPLIES STATIONERY PAPER/MISC SUPPLIES MISC LDSCP & MAINT SUPPLIES ASST CITY MGR MOVING EXPENSES DRILL BITS FOR PAPER DRILL CUTTING STICKS SALES TAX ACCOUNT NUMBER 340-2510 001-2510 001-2510 190-2510 192-2510 193-2510 194-2510 340-2510 001-2080 165-2080 190-2080 280-2080 320-199-999-5261 300-199-999-5207 190-182-999-5212 001-2140 001-171-999-5261 001-120-999-5226 190-183-999-5330 210-165-631-5801 001-163-999-5248 001-1182 001-1182 190-183-999-5330 190-183-999-5330 190-180-999-5220 190-180-999-5220 190-180-999-5220 190-180-999-5222 001-164-601-5218 001-110-999-5250 330-199-999-5220 330-199-999-5220 330-199-999-5220 ITEM AMOUNT 4.68 198.15- 180.35 7.68 .34 1.70 3.40 4.68 2,189.16 18.75 263.88 32.91 680.00 24,467.69 189.64 276.90 115.00 170.00 400.00 2,320.03 3,325.00 13.41- 14.83- 156.80 243.20 45.26 38.63 7.27 82.97 138.71 4,711.93 87.00 4.60 7.10 PAGE 6 CHECK AMOUNT 396.30 2,504.70 680.00 24,467.69 189.64 276.90 115.00 170.00 400.00 2,320.03 3,296.76 400.00 174.13 138.71 4,711.93 98.70 56669 07/08/99 001967 MANPOWER TEMPORARY SERV TEMP HELP (2)W/E 6/20 BELIAN 001-171-999-5118 550.31 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56669 56670 56671 56671 56672 56672 56672 56672 56672 56672 56672 56672 56673 56674 56674 56675 56675 56676 56677 56677 56677 56677 56677 56678 56679 56679 56680 56680 56681 56682 56682 56682 56682 56682 56682 56682 56682 56682 12:57 CHECK VENDOR VENDOR DATE NUMBER NAME 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 001967 MANPOWER TEMPORARY SERV 002693 MATROS, ANDREA 000944 MCCAIN TRAFFIC SUPPLY I 000944 MCCAIN TRAFFIC SUPPLY I CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELP (2)W/E 6/20 BELIAN TCSD INSTRUCTOR EARNINGS 2 HOUSING BOXES FOR SIGN PANEL SALES TAX 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 001905 MEYERS, DAVID WILLIAM 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 002139 NORTH COUNTY TIMES - AT 002139 NORTH COUNTY TIMES - AT 002139 NORTH COUNTY TIMES - AT OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE 002105 002105 002105 002105 002105 001619 ORANGE COUNTY REGISTER 002993 PARSONS BRINCKERHOFF QU 002993 PARSONS BRINCKERHOFF QU 000733 PARTY PZAZZ 000733 PARTY PZAZZ PAYNE, CARRIE 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 000245 000245 000245 000245 000245 000245 000245 000245 000245 DENTALML DENTALML DENTALML DENTALML DENTALML DENTALML DENTALML COBRA/JULY/DENTAL/GREEK TCSD INSTRUCTOR EARNINGS BUSINESS CARDS:K.KRUEGER SALES TAX DISPLAY ADS:CIP CONST.UPDATES SUB:167009:CITY MGR:5/31-6/28 ANNUAL SUBSCRIPTION:233144 CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT RECRUITMENT ADS:ENGINEERING MAY DESIGN SVCS:RC S/B RAMP CREDIT:OVERHEAD-EXCESS OF 10% RENTAL SUPPLIES:CIP WKSHP:6/IO RENTAL SUPPLIES:CIP WKSHP:6/29 REFUND: AQUATICS-SYNCHRONIZED 000245 AETNA SO 000245 AETNA SO 000245 AETNA SO 000245 AETNA SO 000245 AETNA SO 000245 BLSHIELD 000245 BLSHIELD 000245 BLSHIELD 000245 CIGNA ACCOUNT NUMBER 001-162-999-5118 190-183-999-5330 001-164-601-5402 001-164-601-5402 001-2340 165-2340 190-2340 193-2340 280-2340 300-2340 340-2340 001-1180 190-183-999-5330 320-199-999-5220 320-199'999-5220 001-165-999-5256 001-110-999-5228 001-164-604-5228 001-164-604-5214 001-161-999-5214 001-162'999-5214 001-162-999-5214 190-180-999-5214 001-150-999-5254 001-165-999-5248 001-165-999-5248 001-150-999-5260 001-150'999-5260 190-183-4975 001-2090 165-2090 190-2090 194-2090 280-2090 001-2090 190-2090 280-2090 001-2090 ITEM AMOUNT 366.88 352.80 600.00 46.50 3,131.26 103.83 287.48 21.72 62.29 20,76 83.06 83.06 288.00 102.50 7.94 552.15 9.67 84.00 45,53 15.95 15.95 225.41 161.35 452.88 8,133.28 8.85- 105.00 88.00 75.00 852.69 217.16 251,60 83.86 72.38 1,356.10 377.58 5.05 761.72 PAGE 7 CHECK AMOUNT 917.19 352.80 646.50 3,793.46 288.00 110.44 561.82 84.00 464.19 452.88 8,124.43 193.00 75. O0 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56682 56683 56684 56685 56686 56686 56686 56686 56686 56686 56686 56686 56686 12:57 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 000245 001958 000247 000254 000254 000254 000254 000254 000254 000254 000254 000254 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 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 INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTH INSUR. PRE PERS LONG TERM CARE PRO PESTMASTER POTTER, MARK PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000245 CIGNA 000245 HELTHNET 000245 HELTHNET 000245 HELTHNET 000245 HELTHNET 000245 NELTHNET 000245 HELTHNET 000245 HELTHNET 000245 HELTHNET 000245 HELTHNET 000245 KAISER 000245 KAISER 000245 PACIFICR 000245 PACIFICR 000245 PACIFICR 000245 PC 000245 PERS CHO 000245 PERS DED 000245 PERS-ADM 000245 AETNA SO 000245 AETNA SO 000245 AETNA SO 000245 BLSHIELD 000245 BLSHIELD 000245 CIGNA 000245 HELTHNET 000245 HELTHNET 000245 HELTHNET 000245 KAISER 000245 PACIFICR 000245 PACIFICR 000245 PACIFICR 000245 PERS CHO 000245 PERS REV 001958 PERS L-T WEED ABATEMENT:CRC CHANNEL REIMB:REFRESHMENTS:JOLT PRGM RECRUITMENT ADS:ACCOUNTANT/PRK RECRUITMENT ADS:ACCOUNTANT/PRK PUBLIC NOTICE:OLD TOWN PUBLIC NOTICE:IS-16 PUBLIC NOTICE:99-17 PUBLIC NOTICE:99-13 PUBLIC NOTICE:99-11 PUBLIC NOTICE:ELECT CODE PUBLIC NOTICE:99-15 ACCOUNT NUMBER 300-2090 001-2090 190-2090 191-2090 192-2090 193-2090 194-2090 280-2090 330-2090 340-2090 001-2090 190-2090 001-2090 190-2090 193-2090 001-2090 001-2090 001-2090 001-2090 001-2090 165-2090 280-2090 001-2090 190-2090 001-2090 001-2090 190-2090 340-2090 001-2090 001-2090 190-2090 193-2090 001-2090 001-2090 001-2122 190-180-999-5416 001-170-999-5235 001-150-999-5254 001-150-999-5254 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 ITEM AMOUNT 40.84 6,319.19 829.53 16.44 54.31 433.33 263.07 5.45 164.41 872.18 2,235.98 164.83 5,204.76 804.79 19.83 562.00 2,545.17 1,297.97 123.69 43.82 111.43 37.14 18.92 83.52 115.83 333.41 57.86 27.42 8.48 277.20 31.81 1.67 168.84 1,317.35- 205.37 1,737.00 8O.0O 487.15 784.26 6.25 6.75 7.25 8.25 10.25 9.75 12.00 PAGE 8 CHECK AMOUNT 25,935.91 205.37 1,737.00 8O.O0 1,331.91 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56687 56688 56689 56689 56690 56691 56691 56692 56693 56694 56695 56696 56696 56696 56697 56697 56697 56698 56699 56703 56704 56704 56704 56704 56705 56706 56707 56708 56708 56708 56708 56708 56708 12:57 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 002110 002776 003308 003308 000260 000907 000907 003742 000418 000268 000955 000955 000955 000271 000271 000271 000277 002743 000645 000645 000645 000645 000537 000465 003318 001547 001547 001547 001547 001547 001547 VENDOR NAME PRIME EQUIPMENT PRIME MATRIX ]NC R D 0 RENTAL COMPANY R D 0 RENTAL COMPANY RAN-TEC RUBBER STAMP MF RANCHO CAR WASH RANCHO CAR WASH RANCHO ELEMENTARY SCHO0 REHAB FINANCIAL CORPORA RIVERSIDE CO CLERK & RE RIVERSIDE CO HABITAT RIVERSIDE CO SHERIFF BI RIVERSIDE CO SHERIFF BI RIVERSIDE CO SHERIFF B[ ROBERT BEIN WM FROST & ROBERT BEIN ~M FROST & ROBERT BEIN WM FROST & S & S ARTS & CRAFTS INC SAFE & SECURE LOCKSMITH SCHLANSKY, JEFF SMART & FINAL INC SMART & FINAL INC SMART & FINAL INC SMART & FINAL INC SO CALIF EDISON STRADLEY, MARY KATHLEEN TARTAGLIA, MARIO TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION EQUIPMENT RENTAL:PW MAINT CREW MAY:SC-5001377-O:SR VAN EQUIPMENT RENTAL:PW MAINT CREW EQUIPMENT RENTAL:PW MAINT CREW RUBBER STAMP:"READ THIS NOTICE CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS REFUND: SECURITY DEPOSIT LOAN SVCS:IST HOMEBUYER PRGM NTC.EXEMPT FILING FEES:RC/I-15 JUNE 99 K-RAT PAYMENT JUN ~99 BIKE PATROL TEM.RODEO PATROL:5/29-30/99 SPECIAL EVENT SUPERVISION:6/13 MAY PROF.ENG.SVCS:E.I.R. MAY PROF.ENG.SVCS:E.I.R. MAY ENG SVCS:PALA BRIDGE:97-15 MISC CRAFT SUPPLIES LOCKSMITH SERVICES:MARG. PARK REFUND: SUMMER DAY CAMP MISC. REC. SUPPLIES:SENIOR CTR MISC. REC. SUPPLIES:DAY CAMP MISC. REC. SUPPLIES:DAY CAMP MISC. REC. SUPPLIES:TINY TOTS JUN:2-18-528-9980:SANTIAGO RD TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES ACCOUNT NUMBER 001-164-601-5238 190-180-999-5208 001-164-601-5238 001-164-601-5238 001-161-999-5220 001-161-999-5263 001-161-999-5214 190-2900 165-199-999-5449 210-165-605-5801 001-2300 001-170-999-5326 001-170-999-5370 001-170-999-5370 165-199-999-5248 280-199-999-5248 210-165-631-5801 190-183-999-5340 190-180-999-5212 190-183-4984 190-181-999-5301 190-183-999-5340 190-183-999-5340 190-183-999-5320 191-180-999-5319 190-183-999-5330 190-183-999-5330 001-2125 190-2125 191-2125 192-2125 193-2125 194-2125 ITEM AMOUNT 149.69 39.00 348.58 168.90 216.58 20.74 20.74 100.00 3,000.00 78.00 24,480.00 3,143.00 1,706.20 236.64 79.50 79.50 3,000.00 340.76 55.24 135.00 189.38 88.65 3.49 63.48 167.33 456.00 672.00 471.50 82.00 1.03 2.05 14.35 3.07 PAGE 9 CHECK AMOUNT 149.69 39.00 517.48 216.58 41.48 100.00 3,000.00 78.00 24,480.00 5,085.84 3,159.00 340.76 55.24 135.00 345.00 167.33 456.00 672.00 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56708 56708 56709 56709 56709 56709 56709 56709 56709 56709 56709 56709 56709 56710 56710 56710 56711 56711 56712 56713 56713 56713 56713 56713 56713 56714 56714 56714 56714 56714 56714 56714 56714 56714 56714 56714 56714 56715 56715 56715 56715 56715 56715 56715 12:57 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 001547 001547 000642 000642 000642 000642 000642 000642 000642 000642 000642 000642 000642 000307 000307 000307 000306 000306 002111 000319 000319 000319 000319 000319 000319 003560 003560 003560 003560 003560 003560 003560 003560 003560 003560 003560 003560 001065 001065 001065 001065 001065 001065 001065 VENDOR NAME TEAMSTERS LOCAL 911 TEAMSTERS LOCAL 911 TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA CITY FLEXIBLE TEMECULA TROPHY COMPANY TEMECULA TROPHY COHPANY TEMECULA TROPHY COMPANY TEMECULA VALLEY PIPE & TEMECULA VALLEY PIPE & TOGOS RESTAURANT TOMARK SPORTS INC TOMARK SPORTS INC TOMARK SPORTS INC TOMARK SPORTS INC TOMARK SPORTS INC TOMARK SPORTS INC TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA TRANSAMERICA U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF, C U S C M/PEBSCO (DEF, C CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 001547 UN DUES 001547 UN DUES EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX CERTIFICATE FOLDERS DIE SET UP CHARGE SALES TAX MISC HARDWARE & MAINT SUPPLIES MISC HARDWARE & MAINT SUPPLIES REFRESHMENTS:COUNCIL WORKSHOP DRK GREEN OPEN MESH WINDSCREEN OPTIONAL AIR VENTS OPTIONAL CENTER TAB TAPE LABOR FREIGHT SALES TAX 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP ACCOUNT NUMBER 320-2125 330-2125 001-1020 165-1020 190-1020 194-1020 193-1020 280-1020 300-1020 320-1020 330-1020 340-1020 001-1020 001-120-999-5220 001-120-999-5220 001-120-999-5220 190-180-999-5212 190-180-999-5212 001-100-999-5260 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 001-2360 165-2360 190-2360 191-2360 192-2360 193-2360 194-2360 280-2360 300-2360 320-2360 330-2360 340-2360 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 ITEM AMOUNT 20.50 20.50 2,924.08 290.00 591.65 20.00 1.00 190.00 10.00 350.00 80.O0 5.00 4.00- 310.00 50.00 27.90 2.32 9.42 83.63 1,876.31 86.00 196.00 1,700.00 174.24 167.27 131.26 3.01 23.89 .08 .23 2.45 1.34 1.49 .74 3.00 1.50 3.51 7,972.92 210.23 1,635.17 2.50 33.99 25.00 85.23 PAGE 10 CHECK AMOUNT 615.00 4,457.73 387.90 11.74 83.63 4,199.82 172.50 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 12:57 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 56715 07/08/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 56715 07/08/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 56715 07/08/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 56716 56716 56716 56716 56716 56716 56716 56717 56717 56717 56717 56717 56717 56717 56717 56717 56717 56717 56717 56718 56719 56719 56719 56719 56719 56719 56719 56720 56720 56720 56720 56720 56720 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 07/08/99 56721 000389 000389 000389 000389 000389 000389 000389 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002702 002065 000325 000325 000325 000325 000325 000325 000325 000524 000524 000524 000524 000524 000524 001881 001342 001342 001342 001601 56722 56722 56722 U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS UNISOURCE UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY VAN TECH ENGINEERING SA VAN TECH ENGINEERING SA VAN TECH ENGINEERING SA VAN TECH ENGINEERING SA VAN TECN ENGINEERING SA VAN TECH ENGINEERING SA WATER SAFETY PRODUCTS I WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I WILBUR SMITH ASSOCIATES WINDOWS NT MAGAZINE 56723 56724 POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT PAPER SUPPLIES FOR CITY HALL 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW PROTECTIVE CLOTHING:PW PROTECTIVE CLOTHING:PW PROTECTIVE CLOTHING:PW SALES TAX SALES TAX SALES TAX LIFEGUARD UNIFORMS MAINTENANCE SUPPLIES:CITY HALL MAINTENANCE SUPPLIES-CITY HALL MAINTENANCE SUPPLIES-CITY HALL PROF. SERVICES:CIR ELEM UPDATE ANNUAL SUBSCRIPTION:279393 ACCOUNT NUMBER 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 280-2160 320-2160 330-2160 340-2160 001-100-999-5230 001-110-999-5230 001-120-999-5230 001-162-999-5230 190-180-999-5230 001-170-999-5230 280-199-999-5230 001-140-999-5230 001-150-999-5230 001-161-999-5230 001-164-604-5230 001-111-999-5230 330-199-999-5220 001-2120 165-2120 190-2120 280-2120 300-2120 320-2120 330-2120 001-163-999-5242 001-163-999-5242 001-164-602-5242 001-165-999-5242 001-163-999-5242 001-164-602-5242 190-183-999-5310 340-199-701-5212 340-199-701-5212 340-199-701-5212 001-161-999-5248 320-199-999-5228 ITEM AMOUNT 83.33 666.66 158.33 1,484.56 45.81 1,654.64 12.03 168.66 39.48 93.46 2.20 64.38 102.88 41.86 311.44 20.02 76.92 231.91 82.22 467.45 183.96 10.02 2,180.84 224.68 3.75 20.59 1.73 .25 4.00 5.00 80.65 105.93 39.70 5.85 7.68 2.88 119.02 41.69 54.41 284.64 17,000.00 49.95 PAGE 11 CHECK AMOUNT 10,873.36 3,498.64 1,595.26 2,180.84 260.00 242.69 119.02 380.74 17,000.00 49.95 VOUCHRE2 07/08/99 VOUCHER/ CHECK NUMBER 56725 56725 56725 56725 12:57 CHECK DATE 07/08/99 07/08/99 07/08/99 07/08/99 VENDOR NUMBER 000345 000345 000345 000345 VENDOR NAME XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MISC XEROX SUPPLIES JUN COPIER LEASE:5021 JUN LEASE OF 5100 COPIER INTEREST ON LEASE OF 5100 ACCOUNT NUMBER 330-199-999-5220 190-184'999-5239 330-2800 330-199-999-5391 ITEM AMOUNT 290.93 67.08 1,780.57 339.46 PAGE 12 CHECK AMOUNT 2,478.04 TOTAL CHECKS 251,960.28 VOUCHRE2 07/15/99 13:01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 I~FORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 122,170.81 2w705.33 52,415.23 11,837.69 25,858.98 5,917.51 372.61 4,085.00 8,891.34 796.04 12,286.05 4,584.46 2,832.93 TOTAL 254,753.98 VOUCHRE2 07/15/99 13:01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INBTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 990805 07/15/99 000444 INSTATAX (EDD) 000444 SDI 001-2070 77.30 000444 SDI 165-2070 2.80 000444 SDI 190-2070 107.61 000444 SDI 280-2070 .71 000444 SDI 320-2070 11.24 000444 SDI 330-2070 2.63 000444 SDI 340-2070 6.25 000444 STATE 001-2070 5,903.14 000444 STATE 165-2070 130.71 000444 STATE 190-2070 833.64 000444 STATE 191-2070 1.36 000444 STATE 192-2070 3.30 000444 STATE 193-2070 63.59 000444 STATE 194-2070 21.38 000444 STATE 280-2070 55.26 000444 STATE 300-2070 15.74 000444 STATE 320-2070 237.99 000444 STATE 330-2070 27.91 000444 STATE 340-2070 130.60 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 21,585.43 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 446.57 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 4,706.69 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 8.26 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 21.16 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 327.93 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 125.50 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 200.69 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 48.34 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 1,018.17 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 143.03 990806 07/15/99 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 602.58 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 5,318.64 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 140.90 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 1,421.83 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.34 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 6.03 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 80.09 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 34.16 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 67.17 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 25.03 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 210.06 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 43.64 990806 07/15/99 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 150.71 56728 07/15/99 003370 A I C P A AIRGAS FIRE PROTECTION 56729 07/15/99 003394 MEMBERSHIP:WILLIAM PATTISON JR CITY HALL FIRE SYSTEM TESTING 001-140-999-5226 120.00 340-199-701-5250 600.00 7,633.16 36,734.95 120.00 600.00 56730 07/15/99 003706 AMBIENT AVL INC MAINT FOR OLD TWN SOUND SYSTEM 001-164-603-5212 3,500.00 3,500.00 VOUCHRE2 07/15/99 13:01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 56731 07/15/99 000101 APPLE ONE, INC. 56731 07/15/99 000101 APPLE ONE, INC. 56732 07/15/99 003745 APPRAISALS UNLIMITED 56733 07/15/99 003203 ARTISTIC EMBROIDERY 56733 07/15/99 003203 ARTISTIC EMBROIDERY 56733 07/15/99 003203 ARTISTIC EMBROIDERY 56733 07/15/99 003203 ARTISTIC EMBROIDERY 56733 07/15/99 003203 ARTISTIC EMBROIDERY 56733 07/15/99 003203 ARTISTIC EMBROIDERY 56733 07/15/99 003203 ARTISTIC EMBROIDERY 56734 07/15/99 000586 BOOK PUBLISHING COMPANY 56734 07/15/99 000586 BOOK PUBLISHING COMPANY 56735 07/15/99 003126 BOOMGAARDEN, DENNIS 56736 07/15/99 003713 BULLET PAINTING 56737 07/15/99 003138 CAL MAT 56738 07/15/99 003214 CAL MAT 56739 07/15/99 000638 CALIF DEPT OF CONSERVAT 56739 07/15/99 000638 CALIF DEPT OF CONSERVAT 56739 07/15/99 000638 CALIF DEPT OF CONSERVAT 56740 07/15/99 001062 CALIF STATE OF TEMP HELP W/E 06/26 WILLCOX TEMP HELP W/E 06/26 WORTHEN COMMERCIAL APPRAISALS-OLD TOWN TEAM PACE RESALE MERCHANDISE TEAM PACE RESALE MERCHANDISE TEAM PACE RESALE MERCHANDISE TEAM PACE RESALE MERCHANDISE TEAM PACE RESALE MERCHANDISE TEAM PACE RESALE MERCHANDISE CRDT:CHRG SALES TAX ON RESALE MUNICIPAL CODE BOOK SERVICE MUNICIPAL CODE BOOK SERVICE TCSD INSTRUCTOR EARNINGS FACADE IMPROV PRGM:OAK PARK PW PATCH TRUCK MATERIALS SUPPLIES FOR PW PATCH TRUCK JAN-MAR 99 STRONG MOTION PMT JAN-MAR 99 STRONG MOTION PMT LESS PROCESSING FEES CONTROLLER'S CONFIRMATION FEE 190-1990 190-180-999-5118 280-199-813-5804 001-1665 001-1665 001-1665 001-1665 001-1665 001-1665 001-1665 001-120-999-5250 001-1990 190-183-999-5330 280-199-813-5804 001-164-601-5218 001-164-601-5218 001-2280 001-2290 001-162-4229 001-140-999-5220 423.20 92.88 1,400.00 914.80 892.00 540.75 529.60 976.50 2,709.00 65.80- 2,020.36 185.79 271.20 4,800.00 1,227.60 4,073.11 8,182.91 3,855.68 601.88- 100.00 516.08 1,400.00 6,496.85 2,206.15 271.20 4,800.00 1,227.60 4,073.11 11,436.71 100.00 56741 07/15/99 001655 CAMERON WELDING SUPPLY WELDING SERVS & SUPPLIES 190-184-999-5301 11.90 11.90 56742 07/15/99 000131 CARL WARREN & COMPANY I JUNE CLAIM ADJUSTER SERVICES 300-199-999-5205 585.50 585.5O 56743 07/15/99 002534 CATERERS CAFE REFRESHMENTS:LAND DEVEL MTG 001-161-999-5260 56743 07/15/99 002534 CATERERS CAFE REFRESHMENTS FOR STAFF MTG 001-161-999-5260 99.57 16.44 116.01 56744 07/15/99 001195 CENTRAL SECURITY SERVIC ALARM MONITORING: CRC 190-182-999-5250 56744 07/15/99 001195 CENTRAL SECURITY SERV]C QTRLY FIRE SYS INSPECT: CRC 190-182-999-5250 56744 07/15/99 001195 CENTRAL SECURITY SERVIC ALARM MONITORING: SR CENTER 190-181-999-5250 50.00 150.00 45.00 245.00 56745 07/15/99 000137 CHEVRON U S A ]NC FUEL EXPENSE FOR CITY VEHICLES 001-164-601-5263 56745 07/15/99 000137 CHEVRON U S A INC FUEL EXPENSE FOR CITY VEHICLES 001-164-604-5263 56745 07/15/99 000137 CHEVRON U S A INC FUEL EXPENSE FOR CITY VEHICLES 001-165-999-5263 56745 07/15/99 000137 CHEVRON U S A INC FUEL EXPENSE FOR CITY VEHICLES 190-180-999-5263 56745 07/15/99 000137 CHEVRON U S A INC FUEL EXPENSE FOR CITY VEHICLES 001-161-999-5263 31.27 18.53 17.38 15.86 52.45 135.49 56746 07/15/99 002782 CHICK'S SPORTING GOODS SOFTBALLS FOR CRC 190-180-999-5301 56746 07/15/99 002782 CHICK'S SPORTING GOODS FREIGHT 190-180-999-5301 56746 07/15/99 002782 CHICK'S SPORTING GOODS SALES TAX 190-180-999-5301 340.00 40.00 26.35 406.35 VOUCHRE2 07/15/99 13:01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 56747 56748 56749 56749 56749 56750 56750 56750 56750 56751 56752 56753 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 001139 001275 000442 000442 000442 000447 000447 000447 000447 003068 CHIP MORTON PHOTOGRAPHY COMPUSERVE INC COMPUTER ALERT SYSTEMS COMPUTER ALERT SYSTEMS COMPUTER ALERT SYSTEMS COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET COMTRONIX OF HEMET CONKLIN, SHELLY DEHAAN, DOREEN DILLON CONSULTING ENGIN PHOTO SHOOT OF CITY BUSINESSES SUBSCRIPTION-COMPUTER MAGAZINE ALARM MONITORING:CITY HALL ALARM MONITORING: MNTC FAC ALARM MONITORING: TCC KENWOOD BASE STATION:STN 84 ANTENNA & CABLES FOR BASE STN LABOR TO INSTALL BASE STATION SALES TAX REFUND: SECURITY DEPOSIT REFD:GYMNASTICS-KINDER TUMBLER CONSULTING SERVICES - MALL 001-111-999-5270 320-199-999-5221 340-199-701-5250 340-199-702-5250 190-184-999-5250 320-1950 320-1950 320-1950 320-1950 190-2900 190-183-4982 001-162-999-5250 640.57 9.95 210.00 135.00 210.00 1,242.00 295.00 390.00 119.12 100.00 56.00 450.00 640.57 9.95 555.00 2,046.12 100.00 56.00 450.00 56754 56754 56754 56754 56754 56755 56755 56755 56755 56755 56756 56757 56757 56757 56757 56757 56757 56757 56757 56757 56758 56758 56758 56758 56758 56758 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 001380 001380 001380 001380 001380 002939 002939 002939 002939 002939 001056 001056 001056 001056 001056 001056 001056 001056 001056 002037 002037 002037 002037 002037 002037 E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC TEMP HELP W/E 6/18 WILLIAMS TEMP HELP W/E 6/18 WILLIAMS TEMP HELP W/E 6/18 GORMAN TEMP HELP W/E 6/25 KEELEY TEMP HELP W/E 6/25 KEELEY ENVIRONMENTAL SYSTEMS R SPAT CLASS: KELLI BEAL ENVIRONMENTAL SYSTEMS R SPAT CLASS: KELLI BEAL ENVIRONMENTAL SYSTEMS R SPAT CLASS: JOHN DeGANGE ENVIRONMENTAL SYSTEMS R DS-MOVB CLASS: KELLI BEAL ENVIRONMENTAL SYSTEMS R DS-MOVB CLASS:JOHN DeGANGE EWlNG-SANCHEZ, JACQUELY REFUND: SECURITY DEPOSIT EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE DUCK POND:MONTHLY LDSCP MNTC LDSCP REPAIRS:SPTS PRK/SOCCER LDSCP REPAIRS: TCC LDSCP REPAIRS: WINCHESTER RD LDSCP REPAIRS:RANCHO CALIF LDSCP REPAIRS:RANCHO CA MEDIAN LDSCP REPAIRS:SONOMA/MARGARITA IRRIGATION REPAIRS:DUCK POND LDSCP REPAIRS: CRC MAIN LINE EXPANETS EXPANETS EXPANETS EXPANETS EXPANETS EXPANETS 32 BUTTON SERIES E DTERM PHONE FREIGHT SALES TAX TELEPHONE MAINT & REPAIRS TELEPHONE MAINT & REPAIRS TELEPHONE MAINT & REPAIRS 001-161-999-5118 001-1990 001-1990 001-163-999-5118 001-164-604-5118 001-161-610-5261 001-1990 001-161-610-5261 001-161-610-5261 001-161-610-5261 190-2900 190-180-999-5415 190-180-999-5415 190-184-999-5415 193-180-999-5212 193-180-999-5212 190-180-999-5415 193-180-999-5212 190-180-999-5415 190-180-999-5415 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5215 320-199-999-5215 320-199-999-5215 392.04 392.04 2,035.74 122.24 1,100.16 653.00 397.00 1,200.00 1,200.00 1,200.00 100.00 1,155.00 179.42 488.88 66.72 136.56 65.63 119.85 1,148.14 160.42 1,944.00 38.88 150.66 88.00 44.00 48.00 4,042.22 4,650.00 100.00 3,520.62 2,313.54 56759 07/15/99 000478 FAST SIGNS OLD TOWN STREET SIGNS 280-199-999-5362 1,080.45 VOUCHRE2 07/15/99 13:01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 56759 07/15/99 000478 56760 07/15/99 000165 56760 07/15/99 000165 56760 07/15/99 000165 56760 07/15/99 000165 56760 07/15/99 000165 FAST SIGNS FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC VIP VEHICLE SIGNS:4TH OF JULY EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 190-183-999-5370 001-164-604-5230 001-165-999-5230 280-1990 001-162-999-5230 001-111-999-5230 142.23 12.75 29.00 24.00 47.75 11.00 1,222.68 124.50 56761 07/15/99 FIDELITY NATIONAL TITLE REFD:WEED ABATEMENT PAID TWICE 001-1215 314.00 314.00 56762 07/15/99 003397 FIRE ENGINEERING 1 YEAR SUBSCRIPTION: H.WINDSOR 001-171-999-5228 19.95 19.95 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56763 07/15/99 003347 56764 07/15/99 000184 56764 07/15/99 000184 FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM XXXX-9798 J.STONE:INT'L COUNCI XXXX-9798 J.STONE:LEAGUE OF CI XXXX-9798 J.STONE:TSR WIRELESS XX-9277 R.ROBERTS:AIR ONT/S.J. XX-9277 R.ROBERTS:ONT/SJ STONE XX-9277 R.ROBERTS:DBTREE NASHV XX-9277 R.ROBERTS:AIRPORT PRKG XX-9277 R.ROBERTS:LEAGUE OF CI XX-9277 R.ROBERTS:METROLINK XXXX-9913 G.ROBERTS:FRANKLIN XXXX-6165 G.YATES:VINEYARD:VON XXXX-6165 G.YATES:MIMI'S CAFE XX-1405 D.UBNOSKE:SIZZLER/MARG XXXX-1143 H.PARKER:ROCKY COLA 909 506-1941PTA CD TTACSD 909 695-3539 COPT 001-100-999-5258 001-100-999-5258 001-100-999-5220 001-100-999-5258 001-100-999-5258 001-100-999-5258 001-100-999-5258 001-100-999-5258 001-100-999-5258 001-1990 001-150-999-5260 001-150-999-5265 001-161-999-5260 190-180-999-5260 320-199-999-5208 320-199-999-5208 220.00- 225.00 42.02 98.00 98.00 602.40 47.00 505.00 9.50 42.02 67.64 152.00 70.80 31.68 56.81 37.18 1,771.06 93.99 56765 07/15/99 001355 56765 07/15/99 001355 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56766 07/15/99 000177 56767 07/15/99 001609 G T E CALIFORNIA INC G T E CALIFORNIA INC GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GREATER ALARM COMPANY I JUL ACCESS-RVSD CO. OPEN LINE JUL ACCESS-CRC OPEN PHONE LINE OFFICE SUPPLIES - CITY CLERK OFFICE SUPPLIES - CITY CLERK OFFICE SUPPLIES - FINANCE OFFICE SUPPLIES - FINANCE OFFICE SUPPLIES - FINANCE OFFICE SUPPLIES - PLANNING OFFICE SUPPLIES - POLICE DEPT SALES TAX OFFICE SUPPLIES - POLICE DEPT OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - INFO SYSTEM OFFICE SUPPLIES - RECORDS MGMT SKATE PARK ALARM MONITORING 320-199-999-5208 320-199-999-5208 001-120-999-5220 001-1990 001-140-999-5220 001-140-999-5220 001-1990 001-161-999-5220 001-170-999-5242 001-170-999-5242 001-170-999-5220 001-171-999-5220 001-171-999-5220 001-171-999-5220 320-199-999-5221 001-120-999-5277 190-180-999-5250 320.00 320.00 113.61 78.04 239.60 17.11 79.44 44.22 81.86 6.34 48.85 138.92 48.67 167.94 564.66 47.41 105.00 640.00 1,676.67 105.00 56768 07/15/99 002372 HARMON, JUDY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 732.00 VOUCHRE2 07/15/99 VOUCHER/ CHECK NUMBER 56768 56769 56770 56771 56772 56772 56773 56774 56775 56776 56777 56778 56779 56780 56780 56780 56780 56781 56781 56781 56782 56782 56783 56784 56785 56786 56787 56788 56789 56789 13:01 CHECK DATE 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 VENDOR NUMBER 002372 000963 003159 003695 003695 002140 003280 002789 003631 001719 003286 002634 002634 002634 002634 003054 003054 003054 003428 003428 000217 000883 003613 002139 002139 VENDOR NAME HARMON, JUDY HOGAN, DAVID HOUSTON, JOHN HURST, RYAN J WILLIAMS LANDSCAPE J WILLIAMS LANDSCAPE JAGUAR COMPUTER SYSTEMS JOHNSON, HEATHER JON LASKIN BAND KIMCO STAFFING SOLUTION KLEINFELDER INC L P A INC LIBRARY SYSTEMS & SERVI LITELINES INC LITELINES INC LITELINES INC LITELINES INC LYNDE ORDWAY LYNDE ORDWAY LYNDE ORDWAY M V P TEMECULA SHUTTLE M V P TEMECULA SHUTTLE MARGARITA OFFICIALS ASS MONTELEONE EXCAVATING MORIN, LEAH MOVIE EXPERIENCE MURRIETA VALLEY HEAT SO NATIONWIDE REHAB & REST NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS REIMB:APA NAT'L CF:4/24-28/99 REFUND: LEVEL 2 SWIM LESSONS EMPLOYEE COMPUTER PURCH PRGM TREE TRIMMING VARIOUS LOCATION TREE TRIMMING VARIOUS LOCATION E-MAIL SVCS & SUPPORT/GERSHON REFUND: LEVEL 3 SWIM LESSONS SUMMER CONCERT SERIES MUSIC TEMP HELP 6/30 MUELLER MAY GEOTECHNICAL SVCS:PALA BRD DESIGN SVCS:TEM LIBRARY PRJT JUN SVCS-LIBRARY SYSTEM AGRMT GLASS FOR MONUMENT FLOOD LIGHT 175 WATT MH LAMPS FREIGHT SALES TAX MBM 305A PAPER FOLDER 1YR NAINTENANCE CONTRACT SALES TAX SHUTTLE:INTERVIEWER:MUSEUM MGR SHUTTLE:INTERVIEWER:MUSEUM MGR JUN ADULT SOFTBALL OFFICIALS 20 YDS SAND:FIREWORKS SHOW REFUND: SUMNER DAY CAMP MUPPETS/SPACE TCKTS:DAY CAMP REFUND: SECURITY DEPOSIT RES.INPROVEMENT PRGM:PATTERSON DISPLAY ADS:VAR.CIP UPDATES ADS:4TH OF JULY/CONCERT SERIES ACCOUNT NUMBER 190-1990 001-161-999-5258 190-183-4975 001-1175 001-164-601-5402 001-164-601-5402 320-199-999-5211 190-183-4975 190-183-999-5320 001-120-999-5118 210-165-631-5801 210-199-129-5802 001-101-999-5285 190-199-999-5212 190-199-999-5212 190-199-999-5212 190-199-999-5212 330-1940 330-1940 330-1940 190-180-999-5260 190-180-999-5260 190-183-999-5380 190-180-999-5212 190-183-4984 190-183-999-5340 190-2900 165-199-813-5804 001-165-999-5256 190-180-999-5254 iTEM AMOUNT 364.00 220.90 22.00 1,618.14 7,755.00 1,745.00 300.00 15.00 125.00 239.20 2,925.00 1,160.00 1,162.80 308.00 224.00 58.55 41.23 3,250.00 200.00 251.88 77.05 77.05 2,706.00 520.00 145.00 369.00 100.00 425.00 507.37 364.14 PAGE 5 CHECK AMOUNT 1,096.00 220.90 22.00 1,618.14 9,500.00 300.00 15.00 125.00 239.20 2,925.00 1,160.00 1,162.80 631.78 3,701.88 154.10 2,706.00 520.00 145.00 369.00 100.00 425.00 871.51 VOUCHRE2 CITY OF TEMECULA 07/15/99 13:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 56790 07/15/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 559.51 559.51 56791 07/15/99 001383 P M W ASSOCIATES INC JUN CONSULTING SERVICES 165-199-999-5248 56791 07/15/99 001383 P M W ASSOCIATES INC JUN CONSULTING SERVICES 280-199-999-5248 56791 07/15/99 001383 P M W ASSOCIATES INC JUN CONSULTING SERVICES 001-111-999-5248 56791 07/15/99 001383 P M W ASSOCIATES INC JUN CONSULTING SERVICES 001-111-999-5248 914.57 914.57 322.79 .01 2,151.94 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 190-180-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-170-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-100-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 190-180-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-170-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-162-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-100-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-164-601-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-170-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 190-180-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-110-999-5238 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-150-999-5250 56792 07/15/99 001561 PAGENET JUL-SEPT PAGING SVCS/RENTALS 001-1990 56.44 25.50 3.00 41.32 25.50 37.50 19.50 75.60 102.48 377.82 40.80 40.80 40.80 887.06 56793 07/15/99 000733 PARTY PZAZZ RENTAL EQUIPMENT:4TH OF JULY 190-180-999-5238 603.00 603.00 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 001-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 191-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 192-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 193-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 194-2130 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 56794 07/15/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 8.84 24,215.02 642.91 4.77 3,765.14 12.30 31.46 392.82 182.29 1.43 279.64 120.97 700.86 131.98 478.83 100.64 2.80 5.62 39.33 8.44 84.73 1.87 14.79 .05 .14 1.53 .84 .92 VOUCHRE2 07/15/99 13:01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 56794 56794 56794 56794 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 56796 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 000246 000246 000246 000246 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH RE]MBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH RE]MBURSEMENT PETTY CASH REIMBURSEMENT 300-2390 320-2390 330-2390 340-2390 001-140-999-5208 001-140-999-5260 001-140-999-5260 001-162-999-5220 001-150-999-5260 190-180-999-5260 001-111-999-5260 001-120-999-5220 001-150-999-5265 280-199-999-5220 001-140-999-5260 001-162-999-5222 001-162-999-5261 001-110-999-5260 190-181-999-5301 001-140-999-5220 001-170-999-5235 001-170-999-5244 001-171-999-5261 001-162-999-5260 001-140-999-5260 001-162-999-5261 001-164-601-5250 .46 1.86 .93 2.18 6.00 31.24 25.00 18.51 9.93 8,50 20.00 2.14 50,00 17.22 30.09 9.69 9.30 28.00 16.23 22.92 10.00 26.29 15.00 50.00 35.00 7.18 32.53 31,236.39 480.77 56798 56798 56798 56799 56799 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 000580 000580 000580 002354 002354 PHOTO WORKS PHOTO WORKS PHOTO WORKS POSITIVE PROMOTIONS POSITIVE PROMOTIONS JUN PHOTO PROCESSING:TCSD JUN PHOTO PROCESSING:CIP JUN PHOTO PROCESSING:LAND CRIME PREVENTION SUPPLIES FREIGHT 190-180-999-5301 001-165-999-5250 001-163-999-5250 001-170-999-5292 001-170-999-5292 106.80 42.79 10.86 450.00 40.50 160.45 490.50 56800 56800 56800 56800 56800 56800 56801 56801 56802 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 000253 000253 000253 000253 000253 000253 000254 000254 000254 POSTMASTER POSTMASTER POSTMASTER POSTMASTER POSTMASTER POSTMASTER PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS DISPLAY ADS:CIP UPDATES DISPLAY AD:4TH OF JULY ANNUAL SUBSCRIPTION:1633708 001-120-999-5230 001-161-999-5230 001-165-999-5230 001-165-999-5230 190-180-999-5230 001-120-999-5277 001-165-999-5256 190-180-999-5254 001-120-999-5228 48.00 74.00 15.75 15.75 11.75 15.75 378.00 84.00 128.45 181.00 462.00 128.45 56803 07/15/99 002841 RAIN FOR RENT IRRIGATION FOR FIREWORKS 190-180-999-5238 1,689.20 56803 07/15/99 002841 RAIN FOR RENT SALES TAX 190-180-999-5238 84.41 1,773.61 VOUCHRE2 CITY OF TEMECULA 07/15/99 13:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 56804 07/15/99 000262 RANCHO CALIF WATER DIST JUN:O1-O5-OO111-O:WINCH.RD LSC 190-180-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST JUN:Ol-O6-84860-5:PUJOL STREET 280-199-807-5801 56804 07/15/99 000262 RANCHO CALIF WATER DIST JUN:O1-O2-98000-O:STN #84 001'171-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST JUN:O1-O2-98010-O:STN #84 001-171-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 001-164-603-5240 56804 07/15/99 000262 RANCHO CALIF WATER OIST VARIOUS WATER METERS 190-180-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-181-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-182-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-184-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 191-180-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 193-180-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 340-199-701-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-185-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-180-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 191-180-999-5240 56804 07/15/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 193-180-999-5240 56805 07/15/99 001628 REBEL RENTALS EQUIPMENT RENTAL:SPORTS PARK 190-180-999-5238 35.89 49.28 10.65 261.21 314.52 7,053.46 146.92 1,035.44 339.50 263.68 2,475.48 516.78 68.40 3,219.71 56.97 2,213.61 35.00 18,061.50 35.00 56806 07/15/99 001046 REXON, FREEDMAN, KLEPET JUN 99 PROF. LEGAL SERVICES 001-130-999-5247 156.00 156.00 56807 07/15/99 000266 RIGHTWAY JUL TOILET RENTAL:RIVERTON PRK 190-180-999-5238 56807 07/15/99 000266 RIGHTWAY MISC. EQUIPMENT SUPPLIES:7/3-5 190-180-999-5238 56807 07/15/99 000266 RIGHTWAY PORTABLE TOILET RENTAL:7/3-5 190-180-999-5238 56807 07/15/99 000266 RIGHTWAY ADD'L PORTABLE TOILETS:7/3-5 190-180-999-5238 56808 07/15/99 003710 RIVERA, FRED ENTERTAINMENT:CONCERT SERIES 190-183-999-5370 62.89 700.00 1,102.08 423.88 700.00 2,288.85 700.00 56809 07/15/99 003743 ROBERT BYRD CONSTRUCTIO DEPOSIT:CASHIER OFFICE REMODEL 001-140-999-5601 56810 07/15/99 000873 ROBERTS, RONALD H. RB:LEAGUE-POLICY COMM.:6/23-24 001-100-999-5258 3,480.00 20.00 3,480.00 20.00 56811 07/15/99 001048 ROSAS CANTINA RESTAURAN REFRESHMENTS:7/4/99 PARADE VIP 190-183-999-5370 400.00 400.00 56812 07/15/99 003576 S Y S TECHNOLOGY INC 1 COMPUTER MONITOR 320-1970 56812 07/15/99 003576 S Y S TECHNOLOGY INC SALES TAX 320-1970 56813 07/15/99 SCHEIDT, CATHIE REFUND: MUSIC-MUSIC/TODDLERS 190-183-4982 2,142.00 166.01 30.00 2,308.01 30.00 56814 07/15/99 SCHLANSKY, JEFF REFUND: SUMMER DAY CAMP 190-183-4984 56815 07/15/99 SJURSEN, CONNIE REFUND: COOKING W/TIA 190-183-4982 56816 07/15/99 SLATLEM, JOANMARIE REFUND: SWIM LESSONS - LEVEL 2 190-183-4975 56817 07/15/99 SMITH, ALAN REFUND: SUMMER DAY CAMP 190-183-4984 182.00 15.00 43.00 125.00 182.00 15.00 43.00 125.00 56818 07/15/99 000537 SO CALIF EDISON JUL:2-17-214-O428:MEADOWS PKWY 191-180-999-5319 56818 07/15/99 000537 SO CALIF EDISON JUN:2-O6-105-O654:VARIOUS MTRS 191-180-999-5319 56818 07/15/99 000537 SO CALIF EDISON JUL:2-10-331-1353:STN #84 001-171-999-5240 56818 07/15/99 000537 SO CALIF EDISON JUN:2-10-331-2153:TCC 190-184-999-5240 172.77 1,685.49 1,065.93 780.14 VOUCHRE2 07/15/99 VOUCHER/ CHECK NUMBER 56818 56818 56818 56818 56818 56818 56818 56819 56820 56821 56822 56822 56823 56824 56824 56825 56825 56826 56827 56827 56828 56828 56828 56828 56828 56828 56829 56830 56831 56832 56833 56833 56833 56833 56834 13:01 CHECK VENDOR VENDOR DATE NUMBER NAME 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 07/15/99 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000519 SOUTH COUNTY PEST CONTR SOUTHWEST CHRISTIAN CHU 000305 TARGET STORE 003673 TECH 101 ARCUS INC 003673 TECH 101 ARCUS INC 000168 TEMECULA FLOWER CORRAL 000307 TEMECULA TROPHY COMPANY 000307 TEMECULA TROPHY COMPANY 003140 TEMECULA VALLEY TAEKWON 003140 TEMECULA VALLEY TAEKWON THOMPSON, DENISE 000319 TOMARK SPORTS INC 000319 TOMARK SPORTS INC 000459 000459 000459 000459 000459 000459 TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUHBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G 003722 UNITROL CORPORATION VANGEISON, VICKIE 003089 WAKEFIELD COMPANY, THE WALLBANK, PATRICIA 001342 001342 001342 001342 WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I 000339 WEST PUBLISHING COMPANY CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUL:2-O2-351-5281:CRC JUL:2-15-671-5518:PALA RD TC1 JUL:2-18-348-6315:MARG. RD TC1 JUL:2-O1-202-7330:VARIOUS MTRS JUL:2-O1-202-7603:ARTERIAL STL JUL:2~10-901-7962:YUKON 1C1 JUN:2-18-589-9739:MARG. RD LS3 PEST CONTROL SVCS:WINCH.CRK PK REFUND: SECURITY DEPOSIT MISC. RECREATION SUPPLIES 2 OFFICEJET PRINTERS SALES TAX SUNSHINE FUND PLAQUES FOR 4TH OF JUlY PARADE RIBBONS FOR 4TH OF JULY PARADE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND: PAINTED EARTH RECREATION SUPPLIES:CRC SPORTS EQUIPMENT:CRC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ADD'L MOTORCYCLE PARTS:TEM PD REFUND: LEVEL 1-SWIM LESSONS 6 DRINKING FOUNTAIN CARTRIDGES REFUND: ARTS/CRAFTS-CARTOONING MAINTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES:CRC MAINTENANCE SUPPLIES:SR.CENTER MAINTENANCE SUPPLIES:CRC JUN JUDICIAL UPDATES ACCOUNT NUMBER 190-182-999-5240 191-180-999-5319 191-180-999-5319 192-180-999-5319 191-180-999-5319 191~180-999-5319 191-180-999-5319 190-180-999-5212 190-2900 190-183-999-5370 320-199-999-5242 320-199-999-5242 001-2170 190-183-999-5370 190-183-999-5370 190-183-999-5330 190-183-999-5330 190-183-4982 190-183-999-5380 190-183-999-5380 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 001-170-999-5610 190-183-4975 190-180-999-5212 190-183-4982 190-182-999-5212 190-182-999-5212 190-181-999-5212 190-182-999-5212 001-120-999-5228 ITEM AMOUNT 6,665.37 126.30 91.23 25,791.27 9,225.15 136.39 52.60 39.00 100.00 47.74 1,698.00 131.60 49.03 373.77 249.94 80.OO 40.00 90.00 84.35 44.48 160.00 294.40 220.80 73.60 160.00 80.OO 662.24 25.00 170.00 38.00 302.74 599.35 91.57 43.80 98.32 PAGE 9 CHECK AMOUNT 45,792.64 39.00 100.00 47.74 1,829.60 49.03 623.71 120.00 90.00 128.83 988.80 662.24 25.00 170.00 38.00 1,037.46 98.32 VOUCHRE2 07/15/99 VOUCHER/ CHECK NUMBER 56835 56836 56837 56837 13:01 CHECK DATE 07/15/99 07/15/99 07/15/99 07/15/99 VENDOR NUMBER 002109 000345 000345 VENDOR NAME WHITE CAP WIECHEC, MATT XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MISC. SUPPLIES - PUBLIC WORKS RB:PLAYGROUND SFTY INSP.:6/7-8 APR-JUN BASE CHRG:5012 COPIER JUN COPIER USAGE:5765 ACCOUNT NUMBER 001-164-601-5218 190-1990 330-199-999-5239 330-199-999-5239 ITEM AMOUNT 93.61 252.26 62.50 469.96 PAGE 10 CHECK AMOUNT 93.61 252.26 532.46 TOTAL CHECKS 254,753.98 VOUCHRE2 07/15/99 13:37 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 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 340 FACILITIES AMOUNT 661,613.19 442.01 46,907.43 1,250.00 22,188.00 765,133.08 442.01 6,272.67 541.00 TOTAL 1,504,789.39 VOUCHRE2 07/15/99 13:37 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 56840 56841 56842 56843 56844 56844 56844 56844 56844 56844 56844 56844 56844 56844 56844 56844 56844 56844 56844 56844 56845 56845 56845 56845 56845 56845 56846 56846 56847 56848 56848 56848 56849 56850 56850 56850 56850 56851 CHECK DATE 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 VENDOR NUMBER 003630 003071 003629 003681 001056 001056 001056 001056 001056 001056 001056 001056 001056 001056 001056 001056 001056 001056 001056 001056 000177 000177 000177 000177 000177 000177 003592 003592 003676 003631 003631 003631 003286 000437 000437 000437 000437 002993 VENDOR NAME AGUILAR, GREG VILLANUEV BIDAMERICA CALTROP ENGINEERING COR DAVIDSON & ALLEN, ARCHI EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GRANITE CONSTRUCTION GRANITE CONSTRUCTION GRANITE CONSTRUCTION-ES KLEINFELDER INC KLEINFELDER INC KLEINFELDER INC LIBRARY SYSTEMS & SERVI MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES PARSONS BRINCKERHOFF QU ITEM DESCRIPTION JUN PROF SVCS:CIP PROJECTS ARCHIVING SVCS: PLANNING DEPT JUN SVCS:BRIDGE INSPECTIONS JUN PRGSS:MNTC FAC PHASE Ill JUN LDSCP SVCS: NORTH SLOPES JUN LDSCP SVCS: WINCH CRK PRK JUN LDSCP SVCS: VARIOUS PRKS JUN LDSCP SVCS:STREETSCAPE JUN LDSCP SVCS: OLD TWN JUN LDSCP SVCS: SOUTH SLOPES JUN LDSCP SVCS: MEDIAN JUN LDSCP SVCS:MARG RD MEDIAN JUN LDSCP SVCS: VARIOUS PRKS JUN LDSCP SVCS: MARG COMM PRK JUN LDSCP SVCS: SR CENTER JUN LDSCP SVCS: CRC JUN LDSCP SVCS: TCC JUN LDSCP SVCS: CITY HALL JUN LDSCP SVCS:OLD TWN PRKLOT JUN LDSCP SVCS: STATION 84 OFFICE SUPPLIES - CRC OFFICE FURNISHINGS FOR MUSEUM SALES TAX OFFICE SUPPLIES - TCSD OFFICE SUPPLIES - RDA-LOW/MOD OFFICE SUPPLIES - RDA-LOW/MOD JUN PRGSS: PALA RD BRIDGE JUN PRGSS:RETENTION PALA BRDGE RELEASE RETENTION TO ESCROW GEOTECHNICAL SVCS:OVRLD DR MAY SVCS:OVRLD INSPECTIONS GEOTECHNICAL SVC:PALA RD BRDGE JUN SVCS-LIBRARY SYSTEM AGRMT JUN:TEMP HELP: TSAI 1998/99 ANNUAL AUDIT - CITY 1998/99 ANNUAL AUDIT - RDA 1998/99 ANNUAL AUDIT - RDA JUN DESIGN SVCS:S/B RAMP-WINCH ACCOUNT NUMBER 001-165-999-5248 001-161-999-5248 210-165-604-5801 210-190-158-5802 193-180-999-5415 190-180-999-5415 190-180-999-5415 190-199-999-5415 001-164-603-5415 193-180-999-5415 191-180-999-5415 191-180-999-5415 190-180-999-5415 190-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 340-199-701-5415 001-164-603-5415 001-171-999-5215 190-182-999-5220 190-185-999-5610 190-185-999-5610 190-1990 280-199-999-5220 165-199-999-5220 210-165-631-5804 210-2035 210-1035 210-165-604-5801 210-165-604-5801 210-165-631-5801 001-101-999-5285 001-140-999-5118 001-140-999-5248 165-199-999-5248 280-199-999-5248 210-165-697-5802 ITEM AMOUNT 10,000.00 18,902.80 11,513.25 14,890.00 8,813.00 1,568.00 7,806.00 106.00 1,480.50 13,375.00 1,150.00 100.00 18,578.00 3,147.00 361.00 1,444.00 193.00 541.00 250.00 400.00 476.94 4,293.99 332.78 600.72 42.01 42.01 522,822.25 52,282.22- 52,282.23 6,400.00 6,048.00 9,311.00 9,731.59 3,180,00 1,636.07 400.00 400.00 30,043.28 CHECK AMOUNT 10,000.00 18,902.80 11,513.25 14,890.00 59,312.50 5,788.45 470,540.03 52,282.23 21,759.00 9,731.59 5,616.07 30,043.28 56852 07/27/99 003218 PELA MAY-JUN PLAN CHECK SERVICES 001-161-999-5250 5,225.00 VOUCHRE2 07/15/99 VOUCHER/ CHECK NUMBER 56852 56853 56853 56854 56854 56854 56854 56854 56854 56854 56854 56854 56854 56854 56854 56855 56856 56856 56857 56858 56858 56858 13:37 CHECK DATE 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 VENDOR NUMBER 003218 000267 000267 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000271 003576 003576 000919 003149 003149 003149 VENDOR NAME PELA RIVERSIDE CO FIRE DEPAR RIVERSIDE CO FIRE DEPAR RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D RIVERSIDE CO SHERIFFS D ROBERT BEIN I,~ FROST & S Y S TECHNOLOGY INC S Y S TECHNOLOGY INC TEMECULA VALLEY UNIFIED TERRA CAL CONSTRUCTION TERRA CAL CONSTRUCTION TERRA CAL CONSTRUCTION CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUN PLAN CHECK SERVICES JAN-MAR 99 FIRE SERVICES JAN-MAR 99 FIRE SERVICES FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LAW ENFORCMNT FY98-99 RATE ADJ-LA~ ENFORCMNT FY98-99 RATE ADJ-LA~ ENFORCMNT MAY BOOKING FEES MAY ENG. SVCS:GERTRUDIS TRAIL 3 COMPUTER WORKSTATIONS SALES TAX JOINT USE AGREEMENT:T.M.S. RET.W/H PMT#7:DUCK POND:97-17 MAY PRGS PMT#7:DUCK POND:97-17 MAY C/O PMT#7:DUCK POND:97-17 ACCOUNT NUMBER 001-161-999-5250 001-171-999-5251 001-2030 001-170-999-5288 001-170-999-5299 001-170-999-5298 001-170-999-5294 001-170-999-5289 001-170-999-5291 001-170-999-5281 001-1990 001-170-999-5279 001-170-999-5297 001-170-999-5282 001-170-999-5273 210-190-147-5802 320-1970 320-1970 190-180-999-5415 210-2035 210-190-143-5804 210-190-143-5804 ITEM AMOUNT 5,480.00 292,552.59 260,011.03 20,739.60 4,094.08 3,910.40 1,030.40 928.00 1,319.37 501.52 7,174.37 1,567.36 1,366.20 134.89- 10,267.20 6,105.00 5,821.50 451.17 8,000.00 17,555.59- 149,994.39 25,561.49 PAGE 2 CHECK AMOUNT 10,705.00 552,563.62 52,763.61 6,105.00 6,272.67 8,000.00 158,000.29 TOTAL CHECKS 1,504w789.39 ITEM 3 APPROVAL CITY ATTORNEY DIR. OF FINANCE~/ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FRO M: DATE: SUBJECT: City Manager/City Council Pete Labahn, Police Chief Genie Robeds, Director of Finance//~ July 27, 1999 Amendment No. 4 to the Police Services Contract RECOMMENDATION: That the City Council authorize modification to the City's current law enforcement contract with Riverside County to add one traffic officer and one special team officer, to increase patrol hours by the equivalent of two full time patrol officers, and to authorize the Mayor to execute the contract in substantially the form attached. BACKGROUND: Temecula Police Department staffing levels are driven by a target ratio of one sworn officer for every thousand residents. In an effod to maintain this ratio additional staffing of four positions were approved in the FY 1999-00 operating budget. The following contract modifications are requested in order to meet the needs of our growing city and to ensure sufficient staffing resources to provide appropriate response times to calls for service. Special Enforcement Team (SET) Officer - 1 When the Police Department's previous SET was "folded" into our second Problem Oriented Policing Team (POP) in 1997, that team handled street level narcotics enforcement. With increasing demands placed upon POP, the need for a dedicated two-officer team to handle street level and neighborhood narcotics investigations has become apparent. By adding one officer and combining it with the position previously authorized for the regional taskforce, a special enforcement team has been created which will work closely with patrol officers, investigators, POP officers and the Muraleta Police Department to address narcotics related problems in Temecula's residential neighborhoods and business establishments. Traffic Officer- 1 Four specially trained police officers are assigned to traffic enforcement utilizing City owned motorcycles. These officers are augmented by one community service officer dedicated to parking R:INORTONL IAGENDASISHERIFFSCONTAGN. DOC 7/20/99 enforcement and traffic collision investigation. These five officers comprise the Traffic Enforcement Team, which, in addition to enforcement and patrol, performs traffic accident investigation and reconstruction. The Traffic Team also participates in school and community group training and demonstrations focused on traffic and bicycle safety throughout the City of Temecula. The addition of one swom police officer to dedicated traffic duties will increase the unit's ability to deal with the traffic-related challenges faced by our city. Patrol Officers-2 Temecula currently receives patrol services averaging ninety-eight hours per day, which is the equivalent of approximately twenty full time police officers. The addition of patrol hours equivalent to twenty two officers would bdng the average daily patrol hours to 107, which would assist in keeping average response times within acceptable ranges. FISCAL IMPACT: The cost of the proposed contract modifications have been appropriated in the FY 1999-00 operating budget. Attachments: Amendment No. 4 to the Police Services Contract R:INORTONL IAGENDAStSHERIFFSCONTAGN. DOC 7/20/99 DRAFT - - JULY 27, 1999 FOURTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF TEMECULA AND COUNTY OF RIVERSIDE IT IS MUTALLY AGREED that the Agreement for Law Enforcement Services between the City of Temecula and the County of Riverside, effective July 1, 1995 through June 30, 2000, as amended January 21, 1997, November 18, 1997 and February 11, 1998, is hereby amended in the following respects only: 1. Attachment A is amended to read as follows: LEVEL OF SERVICE CITY OF TEMECULA Average Patrol and Traffic Services 107 supported hours per day. (Approximate equivalent of 22 Deputy Sheriff positions at 1,780 annual productives hours standard.) Dedicated Positions Two (2) Sheriffs Sergeant positions - Community Service Officers and Special Teams Two (2) Deputy Sheriff (fully supported) positions - Special Enforcement Team Four (4) Deputy Sheriff (fully supported) positions - Community Policing Teams Five (5) Deputy Sheriff (fully supported) positions - Traffic Team One (1) Deputy Sheriff (fully supported) position - K-9 Handler Four (4) Deputy Sheriff (unsupported) positions - School Resource Officers (year- round) Ten (10) Sheriffs Service Officer positions One (1) Office Assistant III position R:INORTONL IAGENDASISHERIFFSCONTAGN. DOC 7/22/99 IN WITNESS WHEREOF, the City of Temecula, by resolution or minute order duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors has caused this Agreement to be signed by the Chairman of said Board and attested and sealed by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Date: By: ATTEST: Steven J. Ford, Mayor By: Susan W. Jones, CMC City Clerk Approved As to Form: By: Peter M. Thorson, City Attorney COUNTY OF RIVERSIDE Date: By: ATTEST: Gerald A. Maloney Clerk of the Board Chairman, Board of Supervisors By: Deputy R:INORTONLLIGREMNTSXPOLICE 41lt AGRM'I~.DOC 2 ITEM 4 DIR. OF FINANC~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberrs, Director of Finance July 27, 1999 Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: Tim McDermott, Assistant Finance Director'//~J RECOMMENDATION: That the City Council adopt Resolution 99- entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) DISCUSSION: The County of Riverside (the "County") established Community Facilities District No. 88-12 (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds for the District in the principal amount of 818,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the County to the City. On May 12, 1998 the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998 special tax refunding bonds in the amount of 818,690,000 were issued. This refunding will result in savings in debt service costs of approximately 82.3 million over the next twenty years. The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel for the fiscal year. The calculated special tax required to be levied for the 1999-00 fiscal year is 91,657,133.91. FISCAL IMPACT: The calculated special tax required to be levied for the 1999-00 fiscal year is 91,657,133.91. This amount represents a 960,309.97 or 3.78% increase from the 1998-99 special tax levy. Attachments: -Special Tax Calculation Worksheet -Resolution No. 99- 2 1999-00 Budget City Of. Temecula CFD 88-12 (Ynez Corridor) Special Tax Calculation Worksheet Bonds Outstanding Delinquency Rate for Fiscal Year 1998-99 17,845,000.00 9.47% March '00 Interest September '00 Interest September '00 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Surplus/(Deficit) Reserve Adjustment Total Obligation 1,531,468.75 1,531,473.63 4.88 459,193.75 459,193.75 610,000.00 1,528,387.50 1,528,387.50 Fiscal Agent (Series 1992) thru 9/2001 Fiscal Agent (Series 1998) thru 9/2001 Tax Consultant (VVebb) Auditor -Controller Legal (Foreclosure/Other) Sales Tax Reimbursement Admin O/S Printing City Administration Total Administration Prior Year Actual 4,937.50 6,000.00 6,000.00 138.00 4,942.65 2,500.00 16,941.48 7,500.00 41,459.63 A~usted Amoun~ 5,000.00 6,000.00 6,000.00 100.00 10,000.00 2,500.00 17,000.00 Current Year Levy 5,000.00 6,000.00 6,000.00 100.00 10,000.00 2,500.00 16,900.00 46,500.00 Total Obligation Total Administration Prior Year (Surplus)/Deficit Total Requirement Administration % of Levy rqaximum Authorized Tax City's % of Levy Total:Levy ~: : FY 1998-99 Levy Difference 1,528,387.50 46,500.00 82,246.41 1,657,133.91 7,962,846.38 ~i1~657,133:.91~I 1,596,823.94 60,309.97 2.81% 1.02% 3.78% 7/20/99 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) WHEREAS, the City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, Board of Supervisors of the County of Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, acting as the legislative body for Community Facilities District No. 88-12 (Ynez Corridor) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1,657, 133.91 on the parcels which comprise the CFD for Fiscal Year 1999-00 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: Payment of principal and interest on the outstanding authorized bonded indebtedness. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. 98-41 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor-Controller shall, at the close of the tax collection pedod, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 27th day of July, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 27th day of July, 1999, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ITEM 5 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council  Susan W. Jones, City Clerk/Director of Support Services July 27, 1999 SUBJECT: Award of Contract for P.C. Workstations PREPARED BY: Thomas Hafeli, Information Systems Administrator RECOMMENDATION: Award a contract for Pentlure based computer workstations Tech 101-Arcus, Inc., 16812 Millikan Ave, Irvine, California in the amount of ~2,365.11 per unit, for a total purchase amount of 9243,606.59. BACKGROUND: The City recently completed a Request for Proposal (RFP) for the purpose to select a qualified vendor to purchase one hundred and three (103) Pentlure based computer workstations. These workstations will be replacing older systems that no longer meet the technical requirements (i.e., Y2K compliant, insufficient memory, insufficient storage, etc) of the operating systems in place at City Hall, and were budgeted for in the current 99/00 fiscal budget. A total of twenty-four proposals were received and reviewed. The proposals ranged from a low of ~2,274.39 from Custom Built Solutions of Walnut, California to a high of 92,960.82 submitted by the California State Computer Store, Los Angeles, California. Sixty-five RFP packets were mailed (fourteen to local Temecula vendors), of which the following twenty-four vendors responded: Vendor Custom Built Solutions, Walnut CA Tech 101-Arcus, Inc., Irvine CA Resellers Corp of America, Lomita CA Altima Solutions, Temecula CA Computerland, Redlands CA Unit Price 92,274.39 $2,365.11 92,375.89 92,406.87 92,415.32 Total Quote $234,262.00 9243,606.59 9244,716.41 $247,907.16 ~248,778.37 Jaguar Computer, Riverside CA Golden State Trading Co., Brea CA Sys Technology, Inc., Cypress CA OmniData, Riverside CA Concorde Computer Sys, Inc., San Dimes CA Millennium III Systems, Inc., Temecula CA DTK Computer Inc., City of Industry CA Optimal Integrated Solutions, Carlsbad CA CompUSA, San Bernardino CA Camco Industries, Temecula CA New Technologies, Santa Fe Springs CA Tangent, Burlingame CA Universe Systems, San Diego CA I KON Technology Services, Redlands CA Technology Integrated Group, San Diego CA GTC Systems Inc., San Diego CA LPS Computer Service Group, Inc., Escondido CA Spectrum Technology Systems, Temecula CA California State Computer Store, Los Angeles CA $2,440.72 ~2,461.01 ~2,462.97 ~2,484.72 $2,507.95 ~2,525.29 ~2,525.31 ~2,528.89 ~2,562.60 $2,565.42 92,574.91 ~2,605.40 ~2,620.48 $2,622.74 92,765.94 ~2,781.34 92,847.67 $2,959.25 ~2,960.82 ~251,394.25 ~253,484.03 ~253,685.91 ~255,925.65 ~258,318.59 9260,105.25 9260,106.98 ~260,475.93 9263,947.54 9264,237.78 ~265,215.85 ~268,355.69 ~269,909.44 ~270,142.50 ~284,892.07 9286,478.02 9293,310.10 $304,803.00 $304,964.56 Tech 101-Arcus, Inc., of Irvine submitted the lowest qualified quote, meeting all the technical specifications of the RFP. Although Custom Built Solutions of Walnut, California had a lower quote, it did not meet the technical requirements as outlined in the RFP (i.e., they substituted a third party Motherboard and specified a slower CDRom Drive). FISCAL IMPACT: Adequate funds were appropriated in the 1999-00 Fiscal Year Budget for Information Services Internal Service fund to accommodate this purchase. ATTACHMENTS: Request for Price Proposal Sheet - Tech 101-Arcus, Inc. Equipment Purchase Agreement EOUIPMENT PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is made as of July 27, 1999, by and between the City of Temecula ("City"), a municipal corporation, and Tech 101-Arcus, Inc., 16812 Millikan Ave., Irvine, California ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and deliver to City, Personal Computer Workstations as more particularly described in Exhibit A, Equipment Specifications, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase Price. The Purchase Price which City agrees to pay to Vendor for the Equipment is Two hundred forty-three thousand, six hundred and six dollars and fifty-nine cents ($243,606.59)The Purchase Price is f'mal and shall be paid by City to Vendor in accordance with the following schedule.' net 30. 3. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware that City is purchasing the Equipment for use as Computer Workstations on the City's Wide Area Network consisting of both Microsoft NT and Novell Servers and that the City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Year 2000 Compliance. Vendor warrants that each hardware, software, and firmware product delivered under this agreement shall be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date/time data with it. The duration of this warranty and the remedies available to the City for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the Vendor's standard commercial warranty or warranties contained in this contract, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the City under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the Vendor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies the City may otherwise have under this contract with respect to defects other than Year 2000 performance. d. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 4. Time of Delivery. The date and time of delivery of the Equipment shall be on or before August 16, 1999 with delivery of ten to twelve systems per week. 5. Place of Delivery. The Equipment shall be delivered to this location: 43200 Business Park Drive, Temecula, California 92590. 6. Title and Risk of Loss. Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 7. Inspection and Accepfance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 11. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Request for Proposal dated June 30, 1999, attached hereto as Exhibit A; (2) Vendor's response to the Request for Proposal dated July 13, 1999, attached hereto as Exhibit B. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP. 12. Remedies. The remedies and fights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 13. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 14. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 15. Assignment. This Agreement may not be assigned by Vendor without the express written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. 16. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 17. Entire Agreement; Modification; Waiver. This Agreement, constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Contract Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 18. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, or on the first business day after being deposited with an overnight carrier for delivery the next business day, and properly addressed as follows: To Vendor at: Tech 101- Arcus, Inc. To City at: 16812 Millikan Ave. Irvine, CA 92606 City of Temecula PO Box 9033 43200 Business Park Drive Temecula, California 92589 Atm: City Manager Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. 19. Effects of Headings. The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 20. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. //// /11/ 3 IN WITNESS VVHEREOF, the parties to this Agreement have duly executed in on the day and year fncst above written. CITY OF TEMECULA Approved As to Form: Steven J. Ford, Mayor Attest: Peter M. Thorson, City Attorney Tech 101 - Arcus, Inc. Susan W. Jones, CMC, City Clerk 4 City of Temecula 43200 Business Park Drive - PO Box 9033 - Temecula, California 92589-9033 (909) 694-6456 FAX (909) 694-6498 June 30,1999 REQUEST FOR PROPOSALS The City ofTemecula, hereinafter referred to as the City, is inviting proposals for one hundred and three (103) Pentium based computers and miscellaneous supporting peripherals. The purpose of this Request For Proposal (RFP) is for the City to select a qualified firm (hereinafter referred to as "Vendor"). Time Schedules: The following is the City's tentative schedule for the selection of a Vendor: 1. Request For Proposal Mailed: 2. Deadline for Filing RFP: 3. Staff Review of Proposals: 4. Award of Contract: Wednesday, June 30, 1999 Tuesday, July 13, 1999 July 14 - 26, 1999 Tuesday, July 27, 1999 Prior to 4:00 p.m., Tuesday, July 13, 1999, an original and two (2) copies of the proposal (Exhibit A) and all supporting documents shall be submitted in a sealed envelope to: Via U.S. Mail or Courier Service: Walk-in Deliverv: City of Temecula Attn: City Clerk P.O. Box 9033 Temecula, CA. 92589-9033 City of Temecula Attn: City Clerk 43200 Business Park Drive Temecula, CA. 92590 Please clearly identify the package - PC Workstation RFP REQUEST FOR PROPOSAL -PC Workstation (continued) Any questions pertaining to this Request For Quote may be directed to Tom Hafeli at (909) 694-6456, Fax at (909) 694-6498 or email at: hafeli~citycouncil.org Sincerely, CITY OF TEMECULA 2 City of Temecula 43200 Business Park Drive - PO Box 9033 - Temecula, California 92589-9033 (909) 694-6456 FAX (909) 694-6498 CITY OF TEMECULA REQUEST FOR PROPOSAL COMPUTERS PART I: SELECTION CRITERIA A final contract will be awarded to the proposal which best serves the needs of the City and provides the highest quality and cost effectiveness as determined by the City Council based on the following factors (which are listed without any implication of priority): The extent to which the proposal meets the needs of the City for the equipment/services and the specific requirements of this RFP; 2. The quality of the equipment/services proposed; The overall cost to the City of the proposal, including, but not limited to, pricing of the equipment/supplies, delivery schedule, terms of payment, warranties, maintenance requirements, and required site preparation; , The experience and qualifications of Vendor to successfully provide the equipment in Exhibit A; 5. Previous performance of Vendor in providing similar equipment/services; 6. Financial ability of Vendor to provide the equipment/services to the City; and 7. Vendor's conformity to the specification set forth in the RFP. PART II: INSTRUCTIONS, CONDITIONS, AND LEGAL REQUIREMENTS The Vendor shall provide all of the following specific information to the City as part of the proposal, as well as all other information and documents as may be required by or necessary to respond to other provisions of this RFP: a, List of equipment/services to be provided, including a breakdown of costs for all equipment components. (See Exhibit "A"). Provide pricing on all requirements as outlined in Exhibit "A". If there are discrepancies between unit prices and extensions, the City reserves the fight to clarify pricing with the affected vendors. Delivery schedules shall be part of the consideration. Time of delivery must be stated in definite terms, and must be met. If time varies on specific items proposed, the Vendor shall so state the specific schedule to those items in the proposal sheet (Exhibit "A"). Once a Vendor has been selected for award, the City reserves the right to renegotiate delivery terms based on changing situations or the convenience of the City. d. Vendor shall provide an original and two (2) copies of proposals upon submission. eo This RFP outlines the requirements herein in as much detail as is currently 'known. Please provide any exceptions, additional information, or suggestions that will aid in the City's selection process (attachments are acceptable). Information regarding the Vendor's experience and qualifications to successfully provide the equipment/services outlined in Exhibit "A". Certification establishing that the vendor is fully authorized by the manufacturer for the sale, distribution, installation, and/or support of the equipment required by this RFP. h, A listing of client references and an outline of any experience the firm/vendor has had in meeting the needs of other governmental organizations, or any organization that has purchased similar equipment, supplies or services. Vendor agrees that failure on its part to list all cost components related to the purchase (i.e., sales tax and freight charges) will not be accepted by the City as grounds to re-quote the proposal. The quote shall include all cost components related to the purchase. Vendor acknowledges that the original proposal and costs provided stand. However, Vendor has the option of withdrawing a proposal at any time until a final contract is executed. Vendor's proposal shall include the price for the most up to date, high quality, and state of the art equipment, as outlined in the Equipment Specifications within this RFP (Exhibit "A' '). The City reserves the right to negotiate terms and scope of work with the highest ranked fn'm. If an agreement cannot be negotiated, the City reserves the right to negotiate with any other ~nalist. 10. 11. PART 1. All of the equipment described in the Exhibit "A" must carry a three year parts and labor on- site warranty and technical support. Vendor shall also fully describe the terms of all equipment warranties received from the manufacturer. The City reserves the fight to select a Vendor to perform all of the work identified in this RFP, or only selected portions based on price and/or other factors. The Vendor shall be excused from performance hereunder during the time and to the extent that Vendor is prevented from obtaining, delivering, or performing in the customary manner, by acts of God, fire, war, strike, and loss or shortage of transportation facilities or similar conditions beyond the reasonable control of Vendor. Vendor shall notify the City within five (5) working days of any such condition that work will be delayed and shall provide the City with satisfactory evidence that non-performance is due to other than fault or negligence on Vendor's part. Any evidence of agreement or collusion among vendors acting to illegally restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the proposal of such vendors void. Vendor shall be responsible for paying its employees and any sub-vendors the prime vendor hires. Vendor is required to comply with all existing State and Federal labor laws. If Vendor hires a sub-vendor, it will be the prime Vendor's responsibility to ensure that all sub- vendors meet the requirements as stated in this RFP. Vendor, and any sub-vendor who is hired by the prime vendor, agrees to maintain a City of Temecula Business License for the duration of the contract. The standard form of the City's Equipment Purchase/Agreement is attached hereto as Exhibit B. The Vendor selected will be required to enter into this Agreement. By submitting the Proposal, Vendor certifies to City that it has reviewed the agreement and has incorporated the cost of complying with the Agreement into its Proposal. III: GENERAL PROVISIONS Vendor is required to carefully and fully investigate all of the requirements of this RFP as well as the site where the work will take place and all work or arrangements needed to fulfill the terms of the Proposal. By submitting a Proposal, Vendor represents and certifies to the City that such investigation has been completed and that it fully understands the scope of work required. The Equipment Specifications/Proposal sheet (Exhibit "A") shall be signed by an authorized official of the company. 3. The City reserves the right to reject any and all proposals and to waive irregularities in the proposals. , The City will not reimburse vendors for any costs involved in the preparation and submission of proposals. Furthermore, this RFP does not obligate the City to accept or contract for any expressed or implied services. , The City reserves the fight to request any organization submitting a proposal to clarify its proposal or to supply additional material deemed necessary to assist in the selection process. If an Exhibit "A" requirement cannot be met by a vendor, then the vendor should submit a "No Proposal" response for the items affected. Alternate or equivalent items submitted for no proposal responses may be considered by the City, unless otherwise specified. All submitted proposals and information included therein or attached thereto shall become public records upon their opening by the City Clerk's Office or City Staff. , Vendor is requested to provide any exceptions, additional information or suggestions that will aid in the City's selection process. , Vendor and any iub-vendor are also obligated to comply with all existing local, State and Federal Labor laws, rules, and regulations, including, without limitation, OSHA standards and requirements. 10. Any questions regarding this Request For Proposal should be referred, in writing, to Mr. Tom Hafeli. Questions may be transmitted by fax to (909) 694-6498, emailed at: hafeli~citycouncil.org or may be delivered to City Hall at the address below: Via U.S. Mail: Courier Service/Walk-In Delivery: · City of Temecula Attn: Tom Hafeli P.O. Box 9033 Temecula, CA 9258%9033 City of Temecula Attn: Thomas Hafeli 43200 Business Park Drive Temecula, CA 92590 All questions and the City's answers will become public record and will be shared with all vendors who have requested a copy of this RFP. The attached Exhibit "A "is a suggested list only. If vendor needs to revise or make additions to Exhibit "A, " computer or typed alterations are allowed as long as the City format is maintained. 4 EXHIBIT A CITY OF TEMECULA REQUEST FOR PRICE PROPOSAL SHEET PART I: EQUIP~!ENT SPECIFICATIONS ~t,x' Description Io3 - Personal Computer Workstation, ATX Mid-Tower 8Bay Case tMust comply with Part 15 of FCC Rules) lntcl SE44()BX-2 Motherboard w. integrated audio Intcl 5{n) N1H/Pentium Ill Processor I2.";XIB I(.~M/I,' SDRAXI Dimms 5.4 GB EIDE Hard Drive 3:: Tcac Floppy Drive 4oX Toshiba CD-RON! ATAPI Dnvc Iomcga Zip Internal ATAPI Dnxc .VH XPF. RT 9,1 AGP 2X Video .-x. dapter x~ SNIB RAM 3t om Fa.,,I EtherLink 3C9t)STX NM NIC 103 - Microsoff Natural Keyboard Elite 103 - .Xlicrusot~ IntelliMouse Pro 103 - Viev~sonic VPA 150 ViewPanel 'Fhree year on-site pans and labor warranty on all Hardware Unit Price Extended ///5. Note: No operating system required. Systents will be inmged by the City with Windows 95/98 under an existing site license. PART 11: PRICING Equipment per specifications/PA. RT 11 Deliver}.' Charges Sales Tax { Temecula 7.75°/, } Other Costs I Please identify} ITE~I TOTAL f12 6,095', i 75.2 I, . TOTAL PRICE \.'endor Nan'ae:.7'~Gb//0/* ,'~E6tZ<~,/Me- Contact: f-f,F/Fff 27C,q'/,)~ ..x. tdrcs~:_jG~/2./'~U/L4-,~ Ai,~,, ........... CiW. StZip: j,CVt>,/C:' C74 By signing this ~P. Vendor has read and will comply wi~ all tern and conditions herein. Signature: L ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Acting City Manager/City Council Anthony J. Elmo, Chief Building Official July 27, 1999 Agreement between City of Temecula and BidAmerica RECOMMENDATION: That the City Council: Approve an Agreement for the scanning of building permits for the Building and Safety Department in its proposal for an amount not to exceed Thirty seven thousand seven hundred sixty dollars and forty five cents ($37,760.45). BACKGROUND: The Building and Safety Department is required by State Health and Safety Code to maintain copies of building permits for the life of the buildings. The scanning of the permits onto compact disc medium will satisfy this requirement and save considerable file storage space. This system is also compatible with the Sierra System. FISCAL IMPACT: Funds are currently available in Account No. 001-162-999-5250 "Other Outside Services". ATTACHMENT: Agreement R:\BROCKMEI\ACENDA\BIDAMERICA99.DOC 1 7/19/99 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 27, 1999, between the City of Temecula, a municipal corporation ("City") and BidAmerica, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 27, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. . a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty seven thousand seven hundred sixty dollars and forty five cents ($37,760.45) 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 ten thousand dollars ($10,000.00). 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 on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\brockmeiXagmts\bidamerica99 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 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, roused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon roasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. R:\brockmei\agmts\bidamefica99 c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to pe~orm under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: R:\brockmei\agmts\bidamerica99 The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing R:\brockmeiXagmts\bidamerica99 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 State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Clerk To Consultant: BidAmerica 41085 Elm St. Murrieta, CA 92562 Attention: Steven G. Doulames, P.E. R:\brockmei\agmts\bidame~ca99 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only n/a shall perform the services described in this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of n/a 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 pe~ormed 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 of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, CITY OF TEMECULA By Steven J. Ford, Mayor Attest: Susan W. Jones, CMC, City Clerk R:\brockmei\agmts\bidamerica99 Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT BidAmerica By Steven Doulames, P. E. R:\brockmei\agmts\bidamerica99 EXHIBIT A TASKS TO BE PERFORMED BidAmerica will remove specified permit files and convert to 300 dpi Group 4 multi-page TIFF image format. Permit file plans will not exceed 36" wide. Price will also include pick-up and delivery of the original documents. R:\brockmei\agmts\bidame~ca99 EXHIBIT B PAYMENT SCHEDULE (Attached) R:\brockmei\agmts\bidamerica99 DATE: 7/1/99 RE: EXHIBIT "B" Scol0e of Service City of Temecula Electronic Archivin,q I Plan Sheets and Documents I Buildin_cl and Safety Permit Files Item 101 102 103 Estimated Unit Description Quantity Cost Unit Permit Files Plan Conversion: 4,055 $1.49 per image Total $6,041,95 Paper plans from permit files to be converted to 300 dpi Group 4 multi-page TIFF image format. Plan sheets are of paper, mylar or vellum medium and not to exceed 36" wide. Unit costs are included for item 103 below. Permit Files Document Conversion: I 126,874 I $0.2T5 per image otal $31,718.50 Documents are to be converted to 300 dpi Group 4 multi-page TIFF image format. Documents shall be of legal size or smaller. Double sided documents count as two images. Unit costs are included for item 103 below. Indexing and LaserFiche Scanning ~ * ~ * Total * , Above items to be scanned using LaserFiche Data Management System. To be indexed by street address and file number. Both of which are labeled on the permit folder. 104 Pick-up and Delivery of Original Documents: I I I $0.00 per tdp No Additional Charge $0.00 105 Duplicate of CD set with scanned images. I 1 I $35.00 per cd Grand Total (Items 10t through 104):I $37,760.45 Pdces do not include sales tax or shipping charges where applicable. BidAmerica Simplified Atch~hg Soltrdens and More ITEM 7 APPROVAL L~,~ CITY ATTORNEY"~ I~, , FINANCE DIRECTO CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Official '~---- July 27, 1999 Contract Plan Checking Services - JAS Pacific, Inc. RECOMMENDATION: That the City Council approve: 1. An Agreement for plan check services with J. A. S. Pacific, Inc. and the Building and Safety Department in the amount of $25,000. 2. A ten percent (10%), or $2,500, contingency for plan check services. DISCUSSION: The Building and Safety Department has experienced an increase in the volume of plan checks. With the addition of the mall project it has burdened our current plan checking services. J.A. S. Pacific, Inc. will provide additional services for the City of Temecula, on an as needed basis. J.A. S. Pacific, Inc. has been utilized for plan review during Fiscal Year 1998-1999. FISCAL IMPACT: Adequate funds are available in Account Number 001-162-999-5248 "Consulting Services". CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 27, 1999, between the City of Temecula, a municipal corporation ("City") and J.A.S. Pacific, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 27, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly for actual services performed. Payment shall be made within thirty (30) days of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. 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 ten thousand dollars ($10,000.00). 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 on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. -1- R:XBROCKMEIXAGMTSUAS.PLC 7/20/99 cb 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 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. -2- R:XBROCKMEIXAGMTSUAS.PLC 7/8/99 cb c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: -3- R:XBROCKME1XAGMTSUAS.PLC 7/8/99 cb The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing -4- R:NBROCKME1XAGMTSXJAS.PLC 7/8/99 cb 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 State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92589-9033 Attention: City Manager To Consultant: JAS Pacific, Inc. 320 S. Milliken Ste C Ontario, CA 91761 Attention: J. Addison Smith -5- R:~BROCKMElXAGMTSUAS.PLC 7/8/99 cb 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Contractor shall perform the services described in this Agreement. Contractor 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 said assistants 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 of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Steven J. Ford, Mayor Susan W. Jones, CMC, City Clerk -6- R:XBROCKMEIXAGMTSUAS.PLC 7/8/99 cb Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT JAS Pacific, Inc. By -7- R:XBROCKMEIXAGMTSXJAS.PLC 7/8/99 cb EXHIBITA TASKS TO BE PERFORMED JAS proposes to provide the following the following building plan check services: To provide initial plan check of submitted plans to determine compliance with City adopted model codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, Uniform Fire Code, California State Building Code, Title 24 (Energy Conservation and Handicapped Access Regulations), Sound Transmission Control, and locally adopted amendments thereof. To analyze structural engineering computations ensuring compliance with the jurisdiction's adopted model codes and regulations. 3. To maintain a timely turnaround for all building plan check projects as follows: Three to five (3-5) working days for single family residential projects. Seven to ten (7-10) working days for more complex non-residential projects. Ten (10) working days for more complex non-residential projects. Three (3) working days for resubmitted residential projects. Five (5) working days for resubmitted non-residential projects. Other requested timetables available to fit individual circumstances. Priority plan check availability to individual applicants on specified projects requiring a more expeditious turnaround time than previously specified. Turnaround time shall be within five (5) working days from date of receipt by JAS Pacific, Inc. The plans shall be picked up and delivered by our in-house courier service at no cost to the jurisdiction. To provide fast track plan check availability to the City on City funded projects requiring a more expeditious turnaround time than previously specified. Turnaround time shall be within (5) working days from the date of receipt by JAS Pacific Services. The plans shall be picked up and delivered by our in house courier service at no cost to the jurisdiction. To coordinate the review of plans with Fire, Sanitation, Health and other agencies when applicable. 7. To systematically log all plans with a plan check tracking system. To provide within 24 hours notice, pick up or delivery of plans utilizing our courier service at no charge to the jurisdiction. Plans examiners and engineers shall be readily available to the applicant and maintain an open line of communication to ensure compliance with local regulations and policy interpretations. -8- R:XBROCKMEIXAGMTSNJAS.PLC 7/8/99 cb 10. To provide the applicant and the city, a typed correction list to achieve compliance of adopted codes and regulations. EXHIBIT B PAYMENT SCHEDULE Residential and Commercial Plan Review A fee of fifty two percent (52%) of Building Permit Fees based upon the 1991 Uniform Building Code Table 3-A Calculations. No other fee shall be charged for re-submittal of plans that required corrections or minor revisions, prior to permit issuance. An additional fee shall be charged for major structural revisions or change orders made after permit issuance. As a result, JAS shall notify the City in writing of the necessity to charge an additional fee to offset cost of additional plan review service. Repetitive Plans. With the exception of each residential tract elevation or orientation, a fee equal to fifteen (15%) of the regular City plan review fee shall be charged for each repetitive plan. Each different plan and each different elevation shall be charged a normal fee equal to fifteen (15%) percent of the regular City plan review fee. -9- R:XBROCKMEI\AGMTSXJAS.PLC 7/8/99 cb CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 1, 1999, between the City of Temecula, a municipal corporation ("City") and J.A.S. Pacific, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly for actual services performed. Payment shall be made within thirty (30) days of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. 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 ten thousand dollars ($10,000.00). 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 on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. -I- R:\BROCKMEIM~GMTS~.IAS.PLC 7/8/99 cb 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 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, roused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. -2- R:XBROCKMEIXAGMTSXJAS.PLC 7/8/99 cb c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: -3- R:XBROCKMEIXAGMTSXJAS.PLC 718/99 cb The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing -4- R:\BROCKMEIXAGMTSXJAS.PLC 7/8/99 cb 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 State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92589-9033 Attention: City Manager To Consultant: JAS Pacific, Inc. 320 S. Milliken Ste C Ontario, CA 91761 Attention: J. Addison Smith -5- R:XBROCKME1XAGMTSXJAS.PLC 7/8/99 cb 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Contractor shall perform the services described in this Agreement. Contractor 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 said assistants 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 of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Steven J o Ford, Mayor Susan W. Jones, CMC, City Clerk -6~ R:XBROCKME1XAGMTSUAS.PLC 7/8/99 cb Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT JAS Pacific, Inc. By -7- R:~BROCKMEIXAGMTSXJAS.PLC 7/8/99 cb EXHIBIT A TASKS TO BE PERFORMED JAS proposes to provide the following the following building plan check services: To provide initial plan check of submitted plans to determine compliance with City adopted model codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, Uniform Fire Code, California State Building Code, Title 24 (Energy Conservation and Handicapped Access Regulations), Sound Transmission Control, and locally adopted amendments thereof. To analyze structural engineering computations ensuring compliance with the jurisdiction's adopted model codes and regulations. 3. To maintain a timely turnaround for all building plan check projects as follows: Three to five (3-5) working days for single family residential projects. Seven to ten (7-10) working days for more complex non-residential projects. Ten (10) working days for more complex non-residential projects. Three (3) working days for resubmitted residential projects. Five (5) working days for resubmitted non-residential projects. Other requested timetables available to fit individual circumstances. Priority plan check availability to individual applicants on specified projects requiring a more expeditious turnaround time than previously specified. Turnaround time shall be within five (5) working days from date of receipt by JAS Pacific, Inc. The plans shall be picked up and delivered by our in-house courier service at no cost to the jurisdiction. To provide fast track plan check availability to the City on City funded projects requiring a more expeditious turnaround time than previously specified. Turnaround time shall be within (5) working days from the date of receipt by JAS Pacific Services. The plans shall be picked up and delivered by our in house courier service at no cost to the jurisdiction. To coordinate the review of plans with Fire, Sanitation, Health and other agencies when applicable. 7. To systematically log all plans with a plan check tracking system. To provide within 24 hours notice, pick up or delivery of plans utilizing our courier service at no charge to the jurisdiction. Plans examiners and engineers shall be readily available to the applicant and maintain an open line of communication to ensure compliance with local regulations and policy interpretations. -8- R:XBROCKME1XAGMTSXJAS.PLC 7/8/99 cb 10. To provide the applicant and the city, a typed correction list to achieve compliance of adopted codes and regulations. EXHIBIT B PAYMENT SCHEDULE Residential and Commercial Plan Review A fee of fifty two percent (52%) of Building Permit Fees based upon the 1991 Uniform Building Code Table 3-A Calculations. No other fee shall be charged for re-submittal of plans that required corrections or minor revisions, prior to permit issuance. An additional fee shall be charged for major structural revisions or change orders made after permit issuance. As a result, JAS shall notify the City in writing of the necessity to charge an additional fee to offset cost of additional plan review service. Repetitive Plans. With the exception of each residential tract elevation or orientation, a fee equal to fifteen (15%) of the regular City plan review fee shall be charged for each repetitive plan. Each different plan and each different elevation shall be charged a normal fee equal to fifteen (15%) percent of the regular City plan review fee. -9- R:XBROCKME1XAGMTSXJAS.PLC 7/8/99 cb ITEM 8 TO: FROM: DATE: SUBJECT: APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Anthony J. Elmo, Chief Building Official ~ July 27, 1999 Contract Inspection Services Agreement for JAS Pacific, Inc. RECOMMENDATION: That the City Council: Approve an Agreement for Consultant Services with JAS Pacific, Inc., in the amount of $60,320 to continue providing building inspection services to the Building and Safety Department. DISCUSSION: The Building and Safety Department continues to experience increased volume of inspection activity. Over the next twelve (12) months, inspection activity is anticipated to increase substantially as the mall construction progresses. In an effort to continue to service this increased volume of inspection requests, contract building inspection assistance is being used to supplement the department's core inspection staff. The use of contract inspection services on an as needed basis, gives the Chief Building Official the ability to manage increases in inspection workload in a timely manner as they occur. FISCAL IMPACT: "Temporary Help". Adequate funds are currently available in Account No. 001-162-999-5118, ATTACHMENT: Agreement CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 27, 1999, between the City of Temecula, a municipal corporation ("City") and JAS Pacific, Inc., (AConsultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 27, 1999 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed sixty thousand three hundred and twenty dollars ($60,320.00) 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 ten thousand dollars ($10,000.00). 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 on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. -1- RABROCKMEBAGMTSUAS 1 .WPD 7/2/99 cb 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 3. 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 right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. -2- R:~BROCKMEIXAGMTSXJAS1.WPD 7/2/99 cb b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. -3- R:XBROCKMEIXAGMTSUAS 1 .WPD 7/2/99 cb (2) Automobile Liability: property damage. (3) Employer's Liability: disease. $1,000,000 per accident for bodily injury and $1,000,000 per accident for bodily injury or 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: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) (5) 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, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability 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. -4- R:XBROCKMEIXAGMTSUASI.WPD 7/2/99 cb f. Verification of Coverage. Consultant shall fumish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 smmnons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the fight, but has no obligation, to represent Consultant and/or be present at any deposition, heating or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity -5- R:XBROCKMEIXAGMTSXJASI .WPD 7/2/99 cb to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the fight 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: To City: City of Temecula P. O. Box 9033 43200 Business Park Drive Temecula, Califomia 92590 Attention: Acting City Manager To Consultant: JAS, Pacific, Inc. 320 S. Milliken, Ste. C Ontario, CA 91761 Attn: Jason Smith 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only JAS, Pacific, Inc. shall perform the services described in this Agreement. JAS, Pacific, Inc. 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 Assistant 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 govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. -6° R:XBROCKMEBAGMTSXJAS1 .WPD 7/2/99 cb 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 AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Steven J. Ford Mayor Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT JAS PACIFIC, INC. By Jason Smith -7- R:XBROCKMEBAGMTSUASI .WPD 7/2/99 cb EXHIBIT A TASKS TO BE PERFORMED Perform combination building inspection on an as-needed basis. -8- R:XBROCKMEIXAGMTSNJAS1 .WPD 7/2/99 cb EXHIBIT B PAYMENT SCHEDULE For and in consideration of the Contractors services, inspection services shall be provided at the rate of $29.00 per hour, plus $.30 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractors use, no fees shall be charged for mileage. -9- R:XBROCKMEI\AGMTSXJAS 1 .WPD 7/2/99 cb ITEM 9 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. EImo, Chief Building Official//~ July 27, 1999 Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with P & D Consultants, in an amount not to exceed sixty thousand dollars ($60,000), to provide supplemental building inspection services to the Building and Safety Department. DISCUSSION: Construction activity has continued to increase, with the construction of the mall and anchor stores, along with the level of residential construction, it is necessary to supplement the regular inspection staff, with contract building inspectors. P & D Consultants has provided resumes of certified building inspectors that staff feels possess the experience and qualifications to assist the regular inspection staff in maintaining the current level of service to the development community. FISCAL IMPACT: Funds are currently available in Account No. 001-162-999-5118, "Temporary Help", for this purpose. Expenditures from this account are offset by building permit revenue collection. No further appropriation of funds will be necessary for this purpose. R: \ BROCKMEI \AGENDA \ P&D CONSULTANTS99 . DOC ] 7/8/99 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 27, 1999, between the City of Temecula, a municipal corporation ("City") and P & D Consultants, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 27, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Sixty thousand dollars ($60,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). 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 on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. -l- r:XagmtsXmasters\97master. agr/ajp - revised 7/01/97 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 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. -2- r:\agmtsXmasters\97master. agr/ajp - revised 7/01/97 c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: -3- r:\agrnts\masters\97master. agr/ajp - revised 7/01/97 The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing -4- r:XagmtsXmasters\97master. agr/ajp - revised 7/01/97 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 State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 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: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: P & D Consultants 999 Town & Country Road 4th Floor Orange, CA 92868 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. -5- r:\agmtsXmasters\97master. agr/ajp - revised 7/01/97 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 of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Steven J. Ford, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT P & D Consultants By -6- r:XagmtsXtnasters\97master.agr/ajp - revised 7/01/97 EXHIBITA TASKS TO BE PERFORMED Perform combination building inspection on an as-needed basis. -7- r:\agmtsXmasters\97master. agr/ajp - revised 7/01/97 EXHIBIT B PAYMENT SCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $45.00 per hour, plus $.30 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charge for mileage. -9- r:\agmts\masters\97master. agr/ajp - revised 7/01/97 ITEM 10 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. Elmo, Chief Building Official ~ July 27, 1999 Approval of Funds for Plan Review Services RECOMMENDATION: That the City Council: 1. Approve an expenditure in an amount not to exceed $75,000 for Plan Check Services with Esgil Corporation. 2. Approve an expenditure in an amount not to exceed $75,000 for Plan Check Services with VanDorpe Chou and Associates. DISCUSSION: The Building and Safety Department has experienced a continued increase in plan review activity over the past several years. To be responsive to this increased plan review workload, the services of Esgil Corporation and VanDorpe Chou and Associates has been utilized. Due to the nature of the building industry, its activity fluctuations and the rapid growth the City is experiencing, accurate estimation of fiscal year plan review activity is difficult. Over the past several years, requests have been made to Council for additional appropriation of funds for plan review services, beyond that approved in the department's operating budget The current contracts with Esgil Corp and VanDorpe Chou and Associates, do not expire until the year 2001. This action approves the expenditures for these firms for this fiscal year. By having these firms provide plan review services, the community receives more effective plan reviews resulting in effective customer service. FISCAL IMPACT: "Consulting Services". Adequate funds are available in Account Number 001-162-999-5248, R: \BROCKMEI \AGENDA \ESGILVAN99. DOC | g/22/99 AGREEMENT FOR CONSULTANT SERVICES THIS AGREENIENT, is made and effective as of July 1, 1998, between the City of Temecula, a municipal corporation ("City") and Esgil Corporation, ("Consultant"). In consideration of the mutual covenants and conditions set tbrth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 1998, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 31, 2001, unless sooner terminated pursuant to the provisions of this Agrreement. 2. SERVICES. Consultant shall perform the tasks described and set Ibrth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAY~IENT. 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. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. 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 othersvise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this/Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any ~vork performed after the date of default and can terminate this Agreement immediately by ~vritten 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. R:IBROCICMEIL~.GMTS'~ESGIL.x, VPD 9/22/98 cb -I- b. If the City Manager or his delegate determines that the Consultant is in default in the per/brmance of any of the terms or conditions of this Agreement. it shall serve the Consultant with xvritten notice of the default. The Consultant shall have (10) days at~er service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant tbAls to cure its default xvithin such period of time, the City shall have the right, notxvithstanding any other provision of this Agreement. to terminate this Agreement without/hrther 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 DOCUNIENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such intbrmation required by City that relate to the pertbrmance 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 pnnciples and shall be clearly identified and readily accessible. Consultant shall provide tree access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefi'om 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 tbr a period of three (3) years after receipt of final payment. b. Upon completion otZ or in the event of termination or suspension of this Agreement. all original documents. designs. drawings, maps. models. computer files. surveys. notes. and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used. reused or othersvise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Contractor shall defend. indemnitS, and hold harmless the City, and its agents and employees from and against any and all claims. damages, losses, and expenses, including attorneys' fees. arising out of or resulting ti-om the Contractor's acts or omissions pursuant to this contract. The City shall indemnity and hold harmless ESGIL and its agents and employees ti-om and against all claims. damages, losses and expenses. including attorneys' t~es arising out of or resulting t~rom the City's acts or omissions pursuant to this contract. 9. FREEDOM OF LIABILITY. The Contractor and Contractor staff, when performing duties as representative of the City, shall have the freedom from liability contained in the applicable section pertaining to the powers and duties of the building official, of the most recent adopted edition of the California Building Code. 10. FINAL DECISION AUTHORITY. The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor' s interpretation of the regulation contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the City Attorney and/or Board of Appeals. 11. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property xvhich may arise t?om or in connection xvith the per/brmance of the work hereunder by the Consultant. its agents, representatives, or employees. -2- R:/BROCKMEI\AGMTS\ESGIL.WPD 9/22/98 cb a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability. coverage (occurrence form CG 0001 ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $ 1,000,000 per occurrence for bodily injury., personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projects'location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: S1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $I,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations. claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain. or be endorsed to contain, the following provisions: (1) The City, its officers, officials. employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers. officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers. officials, employees or volunteers. -3- R:',.BROCKMEI',AGMTS'/ESGIL.WPD 9/22/98 cb (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought. except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended. voided, canceled by either party., reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested. has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. unless othenvise acceptable to the City. f. Verification of Coverage. Consultant shall fumish 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 tbrms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete. certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel pertbrming the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries. wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. The Consultant shall keep itselfinti>rmed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the pertbrmance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply ~vith all such taws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by ti~ilure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant. its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support. testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers. employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request tbr documents, interrogatories. request for admissions or other discovery request, court order or subpoena from any parry regarding this Agreement and the work performed thereunder or with respect to any project R:"BROCKMEI'~AGMTS'ESGIL.WPD 9122/98 cb -4- or property located within the City.. City. retains the right, but has no obligation. to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control. direct. or rewrite said response. 15. NOTICES. Any notices ~vhich either party may desire to give to the other party. under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to. Federal Express. that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail. postage prepaid. return receipt requested, addressed to the address of the party as set forth below or at any other address as that party. may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Esgil Corporation 9320 Chesapeake Dr. #208 San Diego, CA 92123 Attention: Richard Esgate, President 16. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be the value of the City of the services rendered. 17. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal dismet court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:'BROCKMEI"AGMTS"ESGIL. WPD 9~22.'98 cb -5- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the dav and year first above written. CITY OF TEMECULA By ~~-, ~~~ Ron Roberts, Mayor Attest: I Peter Thorson City Attorney Consu'ltant R:xBROCKMEI'AGMTS',ESGIL.~.VPD 92298 cb -6- EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: · Requirements based upon type of occupancy · Requirements based upon type of construction · Engineering regulations including seismic loads · Detailed regulations of construction Fire resistive standards for fire protection · Fire and life safety requirements · Accessibility to the physiclily handicapped National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes. -7- R:xBROCKMEI\AGMTS',ESGIL.WPD 9"22<98 cb EXHIBIT B PAYMENT SCHEDULE COMPLETE PLAN CHECK: Esgil Corporation's fee shall be 52% of the Building Permit Fee calculated per Table 3-A of the 199 l edition of the Uniform Administrative Code for each building plan checked. The construction valuation shall be based on the most recent valuation multiplier published by the International Conference of Building Officials in Building Standards or on the architects; estimated construction cost, or on the Building Official's cost estimate, whichever is greater. Not withstanding the above, the minimum contractor fee for plan checking a proposed project shall be one hundred dollars ($100.00). Plan check fee for repetitive identical buildings shall be 52% of the building permit fee as noted above for the first, or basic building, and 15% of the building permit fee as noted above for each additional building. The single fee includes all rechecks and there are no additional charges for preliminary plan check con/~rences at our office, expedited processing, checking plans that are eventually found to be incomplete or for the pick-up and delivery of plans or for meetings with the Building Official at his/her request. PARTIAL PLAN CHECK: Partial plan checks are discouraged due to the need to coordinate all disciplines in a plan review, however, the fees for partial plan checks are: 1. Basic minimum for any plan check 50% of 1991 UBC plan check fee 2. Structural only 10% additional 3. Fire-Life 10%additional 4. U.P.C. 2% additional 5. N.E.C. 2% additional 6. U.M.C. 2% additional 7. Title 24 Energy and Sound Control 2% additional 8. Title 24 Disabled Access 2% additional PLAN CHECK OF REVISIONS TO PREVIOUSLY APPROVED PLANS: Revisions to previously approved plans will be at Esgil Corporation's published hourly rate shown on the "Labor Rates Schedule." R:'BROCKMEI/AGMTS"ESGILx, VPD 9/22'9g ch CITY OF TE~IECULA AGREE3IENT FOR CONSULTANT SERVICES THIS AGREE3IENT. is made and effective as of July I, 1998, between the City of Temecula. a municipal corporation ("City") and VanDorpe Chou Associates Inc.. ("Consultant"). In consideration of the mutual covenants and conditions set tbrth herein. the parties ag-ree as tbllows: 1. TER~I. This Agreement shall commence on July 1, 1998. and shall remain and continue in effect until tasks described herein are completed. but in no event later than June 31, 2001. unless sooner terminated pursuant to the provisions of this Agreement. 2. SERXqCES. Consultant shall per/brm the tasks described and set ti~rth in Exhibit A. attached hereto and incorporated herein as though set ti3rth in full. Consultant shall complete the tasks according to the schedule of perti~rmance xvhich is also set tBrth in Exhibit A. 3. PERFORi~'IANCE. Consultant shall at all times faithtally, competently and to the best of his or her ability, experience, and talent, pertbrm all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYNIENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set tbrth in Exhibit B. Contractor will submit invoices monthly for actual services pertbrmed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or tem~inate this Agreement, or any portion hereof; by serving upon the consultant at least ten (10) days prior ~vritten notice. Upon receipt of said notice. the Consultant shall immediately cease all work under this Agreement. unless the notice provides othersvise. 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 pertbrmed up to the time of termination, provided that the ~vork pertbrmed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply ~vith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default tbr cause under the terms of this Agreement. City shall have no obligation or duty to continue compensating Consultant tbr any work pertbrmed 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 progess in the perlbrmance of work hereunder arises out of causes beyond the Consultant's control, and without tault 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 pertbrmance or' any of the terms or conditions of this Agreement. it shall serve the Consultant with written notice of the detault. The Consultant shall have (10) days alter service upon it of said notice in which -I- R: BROCKME[AGMTS V..XNDORPE,\VPD ,~ 6 9x cb to cure the default bv render ,.,g a satisthctor7 performance. In the event ..~t the Consultant fails to cure its dethult within such period of time. the Citv shall have the right. notwithstanding any other provision of this A~eement. to terminate this A~eement 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 DOCU)IENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs. expenses, receipts and other such intbrmation required by City. that relate to the pertbrmance 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 fi-ee access to the representatives of Ci.ty or its designees at reasonable times to such books and records, shall give City. the right to examine and audit said books and records, shall permit City to make transcripts theretotom 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 tbr a period of three (3) years after receipt of final payment. b. Upon completion oC or in the event of termination or suspension of this Agreement. all original documents. desi~mns, drawings, maps, models. computer files. surveys, notes. and other documents prepared in the course of providing the services to be pertbrmed pursuant to this A~eement shall become the sole property of the City and may be used. reused or othenvise disposed of by the City without the permission of the Consultant. With respect to computer files. Consultant shall make available to the City, upon reasonable ,,,,Titten request by the City, the necessary computer sotbare and hardware tbr 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 tense of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wTOngfUl acts or omissions in pertbrming or tb. iling to pertbrm under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims tbr injuries to persons or damages to property which may arise from or in connection ~vith the pertbrmance of the work hereunder by the Consultant. its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence tbrm CG 000 t ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of Calitbmia and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's prot~zssion. R: [3ROCKMEI :\GMTS.VANDORPE.WI~D S o'98 cb the Ciw. Ail endorsements ,~,e to be received and aDproved bv the City ,,ct'ore work comrnences. As an alternative to the Citv's tbrms. the Consuitant's insurer may provide complete. certified copies of all required !nsurance policies. including endorsements eft~cting the coverage reqmred bv these spec~E~,catIons. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shalt at aIl times remain as to the City a whollv independent contractor. The personnel performing the services under this A~eement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City. nor any of its officers. employees or agents shall have control over the conduct of Consultant or anv of Consultant's officers. employees or agents. except as set tbrth in this Agreement. Consultant shall not at anv time or in anv manner represent that it or anv of its officers. employees or agents are in any manner officers. employees or agents of the Ci.ty. Consultant shall not incur or have the power to incur any debt. obligation or liabili.ty whatever against City, or bind Ciw in any manner. b. No employee benefits shall be available to Consultant in connection ~vith the perthfinance of this Agreement. Except tbr the ~es paid to Consultant as provided in the A~eement, City shall not pay salaries. wages. or other compensation to Consultant tbr pertbrming services hereunder tbr Citw. City shall not be liable tbr compensation or indemnification to Consultant tbr injury, or sickness arising out of per~brming services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itselfin~brmed of State and Federal laws and regulations which in any manner afibct those employed by it or in any way affect the perthfinance of its service pursuant to this Agreement. The Consultant shall at all times obsen'e and comply with all such laws and regulations. The City, and its officers and employees. shall not be liable at law or in equity occasioned by t~ilure of the Consultant to comply with this section. 12. RELEASE OF INFORi~IATION. 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 imbrmation concerning the work pertbrmed 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. ' ?,bU3( KX.I!:! x~ iX.! I'S V ',",[)l !b'p!: '~ pt'} ' ,, '~< 'b b. Coh~uitant shall promptly notify City should Cu.suitant, ~ts officers. employees. agents or subcontractors be served w~th any summons. complaint. subpoena. notice of deposition. request tbr documents. interrogator~es. request tbr admissions or other discoverv request. court order or subpoena from any parry. regarding this Agn'eement and the work performed thereunder or with respect to any project or property. located within the Cirv. Ciw 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 fillly with City. and to provide Citv with the opportunity to review any response to discoverv requests provided by Consultant. However. City's right to review anv 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. mav desire to give to the other party, under this Agn'eement must be in writing and may be given either by (I) personal service, (ii) delivery. by a reputable document detivery service, such as but not limited to. Federal Express. that provides a receipt showing date and time of deliver,. or (iii) mailing in the United States Mail. certified mail. postage prepaid. return receipt requested. addressed to the address of the party. as set tbrth below or at any other address as that party. may later designate by Notice: To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, Catitbrnia 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager VanDorpe Chou Associates, Inc. 295 N. Rampert St. Orange, CA 92668 Attention: Nell Evans 14. ASSIGNSlENT. The Consultant shall not assign the performance of this Agreement. nor any part thereof nor any monies due hereunder. without prior written consent of the City. Upon termination of this Agreement. Consultant sole compensation shall be the value of the City of the services rendered. 15. LICENSES. At all times during the term of this Agreement. Consultant shall have in full t~rce and effect. all licenses required of it by taw tBr the performance of the sere'ices described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agee that the laws of the State of California shall govern the rights, obligations. duties and liabilities of the parties to this Ageement and also govern the interpretation of this Ageement. Any litigation concerning this Agreement shall take place in the municipal. superior. or t~2deral district court with geographic jurisdiction over the City of Temecuta. In the event of litigation between the parties concerning this Agreement. the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney l~es and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 or' any and all facts such part.,,, deems material. 18. At,, dORITY TO EXECUTE THIS AGREL.,iENT. The person or persons executing this A~eement on behalf or' Consultant warrants and represents that he or she has the authoriw to execute this Ageement on behalf of the Consultant and has the authority. to bind Consultant to the pertbrmance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TE~IECULA Ron Ro'berts. Mayor Attest: (,, ,,,._~n W. Jone~,,,C~Z~ty'' '' Clerk Approved As to Form: ' Peter M. Thorson, City Attorney CONSULTANT VanDorpe Chou Associates Inc '~ !~!~1)<"~2',1I:1 \(5\1T% VXND(3RP[: \VII[', '< tl ,lq cb ITEM 11 APPROVA,~ CITY ATTORNEY ~ DIR OF FINANCE GIT~ MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Financ ~ July 27, 1999 Authorization to Execute the Supplemental Agreement for the Fiscal Year 1999-00 Community Development Block Grant Funds PREPARED BY: Gus Papagolos, Senior Management Analyst. J~--r RECOMMENDATION: That the City Council: Authorize the Mayor to execute the Supplemental Agreement for the Fiscal Year 1999-00 Community Development Block Grant Funds. That the City Council authorize the Director of Finance to execute Sub-Recipient Agreements for administration of the Fiscal Year 1999-00 Community Development Block Grant Funds. DISCUSSION: On January 26, 1999, The City Council recommended funding for Fiscal Year 1999-00 Community Development Block Grant (CDBG) projects. The U.S. Department of Housing and Urban Development provides CDBG funding for local projects which meet at least one of the following nationally established goals: The activity benefits 51 percent low/moderate income persons; or, The activity aids in the prevention or elimination of slums or blight; or, The activity meets an emergent community development need. The projects and levels of funding approved by the Riverside Economic Development Agency (EDA) are as follows: Domestic Violence Senior Citizen Emergency Food Pantry Community Access Housing Assistance Parent Center Operation School Bell Boys and Girls Club Home Based Early Intervention Program Senior Citizen Center Expansion $ 7 000 10 000 2 000 1 750 10 000 10 000 2 000 270.951 Total CDBG Funding $313,701 Execution of the Fiscal Year 1999-00 Supplement Agreement and Sub-Recipient Agreement facilitates CDBG funding for these projects. The actual CDBG award of $313,701 is $28,701 more than the projected amount approved by the City Council on January 26, 1999. The County Economic Development Agency has added the additional $28,701 to the Senior Citizen Center Expansion project. Fiscal Impact: CDBG funds will be budgeted in a special revenue fund for the approved programs and projects. 1 2 3 4 5 6 7 File: 0,324, 0,341, 0.342, 1.156, 1.167, 1,169, 1.TM066, 1.TM067 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the CITY OF Temecula, herein called "CITY," mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation 8 Agreement dated July 16, 1996, whereby CITY elected to participate 9 with COUNTY, which has qualified as an "Urban County" for purposes of 10 receiving Community Development Block Grant (CDBG) funds, and to 11 assist and undertake essential community development and housing 12 assistance activities pursuant to the Housing and Community 13 Development Act of 1974, as amended, hereinafter referred to as "Act" 14 Said Cooperation Agreement dated July 16, 1996, is incorporated herein 15 by reference and made a part of this Agreement as if each and every 16 provision was set forth herein. 17 2. PURPOSE. CITY promises and agrees to undertake and assist 18 with the community development activities, within its jurisdiction, 19 by utilizing the sum of $313,701, CDBG Entitlement Funds, as 20 specifically identified in Exhibit"A" which are attached hereto and 21 consist of 3 pages (each), and by this reference are incorporated 22 herein, for the projects: 23 0 324 - Services to Victims and Children of Domestic Violence - $7,000 24 0 341 - Senior Citizen Emerqency Food Pantry - $10,000 25 0 342 - Community Access Housinq Assistance - $2,000 26 1 156 - Parent Center - $1,750 27 1 167 - Operation School Bell - $10,000 28 1 169 - Boys & Girls Club of Temecula - Murrieta Branch - $10,000 1 1 1.TM066 - Home Based Early Intervention Program - $2,000 2 1.TM067 - Senior Citizen Center Expansion - $270,951 3 CITY shall obtain COUNTY's approval, through its Economic Development 4 Agency, of the projects plans and specifications prior to CITY's 5 construction of same when a project consists of a construction 6 activity. 7 3. TERM OF AGREEMENT. The term of this Agreement for the 8 projects shall be for a period of one (1) year from July 1, 1999 to 9 June 30, 2000, and proceed consistent with the completion schedule set 10 forth in Exhibits (A, B, C, D, E, F, G, or H). In the event that the 11 projects are not substantially completed by the time set forth in the 12 completion schedule due to unforeseen or uncontrollable causes, the 13 schedule for the completion of the project may be extended by the 14 period of the enforced delay. Times of performance may also be 15 extended in writing by the mutual agreement of CITY and COUNTY. If 16 substantial progress toward completion in conformance with the 17 completion schedule, as determined by COUNTY of the projects are not 18 made during the term of the Supplemental Agreement, COUNTY may suspend 19 or terminate this agreement by the procedures set forth in the Section 20 titled "Termination", of this agreement and the entitlement funds 21 associated with the projects may be reprogrammed by COUNTY after 22 appropriate notice is given. 23 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall 24 determine the final disposition and distribution of all funds received 25 by COUNTY under the Act consistent with the provisions of Paragraphs 26 2 and 3 of this Agreement. COUNTY, through its Economic Development 27 Agency, shall: (1) make payment of the grant funds to CITY as 28 designated in Exhibit "A" and (2) monitor the project activity to 1 ensure compliance with applicable federal regulations and the terms 2 of this Agreement. CITY shall comply with timely drawdown of funds 3 by submitting monthly requests for reimbursement. All disbursements 4 of grant funds will be on a reimbursement basis and made within thirty 5 (30) days after the CITY has submitted its letter identifying payments 6 and documentation which supports expenditures. All authorized 7 obligations incurred in the performance of the Agreement must be 8 reported by June 1, 2000 for projects eligible under 570.201(e), 9 Public Services. 10 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate 11 with COUNTY in undertaking essential community development and housing 12 assistance activities, specifically urban renewal and public 13 assistance housing, and shall assist COUNTY in carrying out its 14 Strategic Plan of the Consolidated Plan and other requirements of the 15 Community Development Block Grant Program. 16 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA 17 ENVIRONMENTAL OUALITY ACT (CEOA). Pursuant to Section 15051(d) of 18 Title 14 of the California Administrative Code, CITY is designated as 19 the lead agency for the projects that are the subject matter of this 20 Agreement. 21 7. HOLD HARMLESSAND INDEMNIFICATION. CITY shall comply with 22 all applicable laws, rules and regulations, and shall indemnify, save 23 and hold harmless COUNTY and its agency members and their respective 24 agents, servants and employees of and from any and all liabilities, 25 claims, debt, damages, demands, suits, actions and causes of action 26 of whatsoever kind, nature or sort including, but not by way of 27 limitation, wrongful death, expenses of the defense of said parties, 28 and the payment of attorney's fees, arising out of or in any manner 1 connected with the performance by CITY under this Agreement. 2 8. RECORDS AND INSPECTIONS. 3 a. CITY shall establish and maintain records in 4 accordance with 24 CFR Part 570 and Part 85 and OMB Circular A-87 as 5 applicable and as they relate to the acceptance and use of federal 6 funds under this Agreement. 7 b. CITY shall maintain a separate account for CDBG 8 Entitlement funds received as set forth in Exhibits (A, B, C, D, E, 9 F, G, or H). 10 c. CITY shall, during the normal business hours, make 11 available to COUNTY and to the Department of Housing and Urban 12 Development for examination and copying all of its records and other 13 materials with respect to matters covered by this Agreement. 14 d. CITY shall not retain any program income as defined 15 in Section 570.500 of Title 24 of the Federal Code of Regulations. 16 Said program income shall be used only for the activities that are the 17 subject of this Agreement. Further, all provisions of this Agreement 18 shall apply to such activities. 19 e. The CITY shall ensure projects that are serving 20 limited clientele (570.208(a)(2)(i), that at least fifty-one percent 21 (51%) of the persons benefitting from the CDBG funded activities are 22 of low and moderate income and meet the program income guidelines 23 attached as Exhibits (A, B, C, D, E, F, G, or H). The CITY must 24 provide the direct benefit documentation required. 25 9. FEDERAL REOUIREMENTS. CITY shall comply with the 26 provisions of the Act and any amendments thereto and the federal 27 regulations and guidelines now or hereafter enacted pursuant to the 28 Act. More particularly, CITY is to comply with those regulations 4 1 found in Part 85 and Part 570 of Title 24 of the Code of Federal 2 Regulations. CITY is to comply with OMB Circular A-87, or any 3 subsequent replacement. CITY is to abide by the provisions of the 4 Community Development Block Grant Manual, prepared by COUNTY and cited 5 in the above-mentioned Cooperation Agreement. 6 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants 7 and employees shall act at all times in an independent capacity during 8 the term of this Agreement, and shall not act as, shall not be, nor 9 shall they in any manner be construed to be agents, officers or 10 employees of the COUNTY. 11 11. TERMINATION. 12 a. CITY. CITY may not terminate this Agreement except 13 upon express written consent of COUNTY. 14 b. COUNTY. Notwithstanding the provisions of Paragraph 15 lla, COUNTY may suspend or terminate this Agreement upon written 16 notice to CITY of action being taken and the reason for such action: 17 (1) In the event CITY fails to perform the 18 covenants herein contained at such times and in such manner as 19 provided in this Agreement; and 20 (2) In the event there is a conflict with any 21 federal, state or local law, ordinance, regulation or rule rendering 22 any of the provisions of this Agreement invalid or untenable; or 23 (3) In the event the funding from the Department 24 of Housing and Urban Development referred to in Paragraphs 1 and 2 25 above is terminated or otherwise becomes unavailable. II 28 /1 5 1 c. Upon suspension of this Agreement, CITY agrees to 2 return any unencumbered funds which it has been provided by COUNTY. 3 In accepting said funds, COUNTY does not waive any claim or cause of 4 action it may have against CITY for breach of this Agreement. 5 d. Upon suspension of this Agreement, CITY agrees not 6 to incur any additional cost with regard to the projects that are 7 cited in the written notice as necessitating the suspensions. 8 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 9 and 570.602 of Title 24 of the Federal Code of Regulations which 10 requires that no person in the United States shall on the grounds of 11 race, color, national origin, or sex, be excluded from participation 12 in, be denied the benefits of, or be subjected to discrimination under 13 any program or activity funded in whole or in 14 part with Community Development funds. 15 13. PROHIBITION AGAINST CONFLICTS OF INTEREST 16 a. CITY and its assigns, employees, agents, consultants, 17 officers and elected and appointed officials shall become familiar 18 with and shall comply with the CDBG regulations prohibiting conflicts 19 of interest contained in 24 CFR 570.611, attached hereto as Exhibit 20 "CI" and by this reference incorporated herein. 21 b. CITY and its assigns, employees, agents, consultants, 22 officers, and elected and appointed officials shall become familiar 23 with and shall comply with Section A-11 of the County's CDBG Policy 24 manual, attached hereto as Exhibit "CI" and by this reference 25 incorporated herein. 26 c. CITY understands and agrees that no waiver of 27 exception can be granted to the prohibition against conflict of 28 interest except upon written approval of HUD pursuant to 24 CFR 6 1 570.611 (d). Any request by CITY for an exception shall first be 2 reviewed by COUNTY to determine whether such request is appropriate 3 for submission to HUD. In determining whether such request is 4 appropriate for submission to HUD, COUNTY will consider the factors 5 listed in 24 CFR 570.611 (e). 6 d. Prior to any funding under this Agreement, CITY shall 7 provide COUNTY with a list of all employees, agents, consultants, 8 officers and elected and appointed officials who are in a position to 9 participate in a decision making process, exercise any functions or 10 responsibilities, or gain inside 11 information with respect to the CDBG activities funded under this 12 Agreement. CITY shall also promptly disclose to COUNTY any potential 13 conflict, including even the appearance of conflict, that may arise 14 with respect to the CDBG activities funded under this Agreement. 15 e. Any violation of this section shall be deemed a 16 material breach of this Agreement, and the Agreement shall be 17 immediately terminated by the COUNTY. 18 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY 19 shall bear no liability for any later determination by the United 20 States Government, the Department of Housing and Urban Development or 21 any other person or entity that CITY is or is not eligible under 24 22 CFR Part 570 to receive CDBG funds. 23 15. USE OF PROPERTY. Whenever federal CDBG funds or program 24 income are used, in whole or in part, for the purchase of equipment 25 or personal property, the property shall not be transferred from its 26 originally funded use for a period of five (5) years from the date 27 that the City is no longer a part of the urban COUNTY program. The 28 CITY shall maintain an inventory for COUNTY review. 7 1 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY 2 agrees to notify and to require any lessee or assignee to notify 3 Riverside County Workforce Development Center/JTPA and GAIN - 4 Department of Public Social Services of any and all job openings that 5 are caused by this project. 6 17. PUBLICITY. Any publicity generated by CITY for the 7 project funded pursuant to this Agreement, during the term of this 8 Agreement, will make reference to the Contribution of the County of 9 Riverside Community Development Block Grant Program in making the 10 project possible. 11 18. PROGRAM MONITORING AND EVALUATION. CITY shall be 12 monitored and evaluated in terms of its effectiveness and timely 13 compliance with the provisions of this Agreement and the effective and 14 efficient achievement of the Program Objectives. Quarterly reports 15 shall be due on the last day of the month immediately following the 16 end of the quarter being reported. The quarterly written reports 17 shall include, but shall not be limited to the following data 18 elements: 19 a. Title of program, listing of components, description 20 of activities/operations. 21 b. The projected goals, indicated numerically, and also 22 the goals achieved (for each report period). In addition, identify 23 by percentage and description, the progress achieved towards meeting 24 the specified goals; additionally, identify any problems encountered 25 in meeting goals. 26 // 27 // 28 // 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Beneficiaries Provide the following: 1) Total number of direct beneficiaries 2) Percent of total number of direct beneficiaries who are: · Low and moderate income · Low income · Black, not Hispanic origin · White, not Hispanic origin · Hispanic · American Indian/Alaskan Native · Asian or Pacific Islander · Female Headed Households 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 20. MINISTERIAL ACTS. The Executive Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COIINTY. // // // // 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. DATED: ATTEST: GERALD A. MALONEY Clerk of the Board COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors By: Deputy (Seal) DATED: ATTEST: CITY OF Temecula By: Mayor F: \USERS\CDBG\lST\TM\Supagr99. 066 10 EXHIBIT A FILE: 0,324 Page 1 SUPPLEMENTAL AGREEMENT Cooperative Agency: Alternatives to Domestic Violence (ADV) Address: P.O. Box 910, 92502 Project Title: Services to Victims and Children of Domestic Violence Location: County Wide Description: Alternative to Domestic Violence (ADV) through their Services to Victims of Domestic Violence program will respond to at least 8,000 calls on the 24 hour Crisis line (Toll free, county wide), provide crisis intervention counseling, information and referrals. ADV will provide emergency shelter to approximately 70 battered women and 120 children through Horizon house for a total of 3,600 bednights. CDBG funds will be used for cost associated with operating the program salaries/benefits and operating expenses (telephone, rent, equipment, supplies, travel and assistance to individuals).The funds will allow ADV to continue and expand current services to 800 new clients with individual counseling, advocacy, support groups, emergency food and clothing, assistance with temporary restraining orders and emergency transportation through their regional Outreach Centers and Extended Service Sites. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. This project is being administered by the Riverside County Economic Development Agency on behalf of the City of Temecula. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ $ 7,000 $ 7,000 11 EXHIBIT B FILE:' 0.341 Page 1 SUPPLEMENTAL AGREEMENT Cooperative Agency: Senior Citizens Service Center of the Temecula Valley, Inc. Address: 40250 Winchester Road, 92593 Project Title: Senior Citizen Emergency Food Pantry Location: 40250 Winchester Road, Temecula CA Description: The senior center provides an emergency food program for 28,000 individuals that may be homeless, elderly, handicapped and for migrant farm workers. CDBG finds will be used to purchase food and supplies, also operational cost, salaries, and travel. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. This project is being administered by the Riverside County Economic Development Agency on behalf of the City of Temecula. Project Budget: 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ Cost CDBG Approved $ 10,000 $ 10,000 12 EXHIBIT C FILE: 0.342 Page 1 SUPPLEMENTAL AGREEMENT Cooperative Agency: Community Access Housinq Assistance Address: 4960 Arlington Suite C, Riverside Project Title: Community Access Housinq Assistance Location: 4960 Arlinqton Suite C, Riverside Description: Community Access Center (CAC)provides services to people with disabilities. The CDBG Grant will allow CAC staff to provide additional outreach to Temecula residents with disabilities. The outreach will target four identified concerns in the Temecula area: 1) private businesses which are otherwise inaccessible; 2) difficulty in finding accessible and affordable housing; 3) inappropriate placement of persons under age 65 in nursing homes; and 4) the need for modifications and adaptations for homeowners who have aged or become disabled. CDBG funds will be used for salaries, supplies, and affordable housing assistance. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. This project is being administered by the Riverside County Economic Development Agency on behalf of the City of Temecula. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ $ 2,000 $ 2,000 13 EXHIBIT D Page 1 Cooperative Agency: FILE: 1.156 SUPPLEMENTAL AGREEMENT Parent Center - Murrieta Valley Unified School District Address: 24150 Hayes Avenue, 92562 Project Title: Parent Center Location: 24150 Hayes Avenue, Murrieta, CA 92562 Description: The Parent Center will provide services to 1,400 parents and 1,300 children that are from low/moderate income families. Services that are provided by the Parent Center are Adult Education Programs, preparation for Citizenship, English as a second language and GED; four (4) basic parenting classes in English and Spanish; two (2) Co-Parenting classes in English and Spanish; four (4) programs for parents with high risk adolescents that have problems with drugs, alcohol, truancy, sexual behavior and oppositional behavior; bi-monthly parenting newsletters and other information essential for parenting in the 90's in English and Spanish. Truancy, sexual behavior and oppositional behavior; bi- monthly parenting newsletters and other information essential for parenting in the 90's in English and Spanish. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. This project is being administered by the Riverside County Economic Development Agency on behalf of the City of Temecula. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ $ 1,750 $ 1,750 14 EXHIBIT E FILE: 1.167 Page 1 SUPPLEMENTAL AGREEMENT Cooperative Agency: Assistance Leaque of Temecula Valley Address: 28720 Via Montezuma, 92590 Project Title: Operation School Bell Location: 28720 Via Montezuma, Temecula, CA 92590 Description: Assistance League Of Temecula Valley through their Operation School Bell program will provide eight hundred (800) low/moderate income children with shoes, six pairs of socks, six pairs of underwear, two T-shirts or blouses, two pairs of jeans, slacks or skirts, a sweater, a heavy jacket, backpack (containing notebook, pencils or pens, hygiene items, and reading book). CDBG Funds will be used to assist in purchasing the above listed items. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. This project is being administered by the Riverside County Economic Development Agency on behalf of the City of Temecula. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ $ 10,000 $ 10,000 15 EXHIBIT F FILE: 1.169 Page 1 SUPPLEMENTAL AGREEMENT Cooperative Agency: Boys & Girls Club of Temecula Address: 28790 Pujol St., 92590 Project Title: Boys & Girls Club of Temecula - Murrieta Branch Location: 28790 Pujol St., Temecula, CA 92590/Cal Oaks Sports Park Modular Unit & Shivela Middle School Description: Boys & Girls Club of Temecula will provide child care services through the off track and AM/PM program, Monday through Friday. The program will run year round providing child care for 520 school age children from 1st through 8th grade. CDBG funds will be used for tuition, supplies, equipment and travel. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. This project is being administered by the Riverside County Economic Development Agency on behalf of the City of Temecula. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ $ 10,000 $ 10,000 16 EXHIBIT G FILE: 1.TM066 Page 1 SUPPLEMENTAL AGREEMENT Cooperative Agency: V.I.P. Tots Address: 43200 Business Park Drive, 92590 Project Title: Home-Based Early Intervention Program Location: 41915 Acacia Avenue, Hemet, CA 92544 Description: V.I.P. Tots will offer a comprehensive home based early intervention program for children with disabilities and their families. Services that are provided are for child development, special education, and therapists specializing in pediatric, occupational, physical and speech therapies. CDBG funds will provide for travel reimbursement & cost of communication equipment. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ $ 2,000 $ 2,000 17 EXHIBIT G Page 2 FILE: 1.TM066 Timetable Implementation Schedule Milestone Start Date Begin Program Services July 1, Monthly Claim Submittal Monthly Direct Benefit Report Submittal 1999 Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi-Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete December 1, 1999 Completion Date October 15, 1999 January 15, 2000 April 30, 2000 June 30, 2000 June 1, 2000 June 30, 2000 3O EXHIBIT G Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY PERIOD OF APPLICABILITY TO July 1, 1999 June 30, 2000 5. NAME OF PROJECT Home-Based Early Intervention Program 6. PROJECT NUMBER 1.TM066 FILE:l.TM066 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-99-UC-06-0506 X Original (each year) Revision, Date Amendment, Date 7. ENVIRONMENTAL REVIEW STATUS Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT V.I.P. Tots 9. TELEPHONE NUMBER 909-652-7611 10. DESCRIPTION OF PROJECT: V.I.P. Tots will offer a comprehensive home based early intervention program for children with disabilities and their families. Services that are provided are for child development, special education, and therapists specializing in pediatric, occupational, physical and speech therapies. CDBG funds will provide for travel reimbursement & cost of communication equipment. ELIGIBILITY:570.201 (e) BENEFIT: Low Mod Limited Clientele Presumed 11. CENSUS TRACT (S) /ENUMERATION DISTRICT (S) 12. ANTICIPATED ACCOMPLISHMENTS: V.I.P. Tots will provide services to 40 children with disabilities. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067. ) Benefit Benefit (a) (b) (c) (d) (e) S S $ Public Services $2,000 14. Totals $ 2,000 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $ 2,000 19 EXHIBIT H FILE: 1.TM067 Page 1 SUPPLEMENTAL AGREEMENT Cooperative Agency: City of Temecula Address: 43200 Business Park Drive, 92590 Project Title: Senior Citizen Center Expansion Location: 41854 6th Street, Temecula Description: CDBG funds will be used for the design & construction of the Centers' interior kitchen improvements at the Mary Phillips Senior Center. This is a three year project. This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be filled out and submitted to the County of Riverside EDA on a monthly basis. Should there be no services rendered, submit a form indicating NO SERVICE. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $ $ 270,951 $ 270,951 2O EXHIBIT H Page 2 FILE: 1.TM067 Timetable Implementation Schedule Milestone Start Date Completion Date Begin Program Services July 1, Monthly Claim Submittal Monthly Direct Benefit Report Submittal Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) 1999 Semi-Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete December 1, 1999 October 15, 1999 January 15, 2000 April 30, 2000 June 30, 2000 June 1, 2000 June 30, 2000 33 EXHIBIT H Page 3 FILE:l.TM067 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM PROJECT SUMMARY PERIOD OF APPLICABILITY TO July 1, 1999 June 30, 2000 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-99-UC-06-0506 X Original (each year) __Revision, Date Amendment, Date 5. NAME OF PROJECT Senior Citizen Center Expansion 6. PROJECT NUMBER 1.TM067 7. ENVIRONMENTAL REVIEW STATUS Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula 909-694-6480 10. DESCRIPTION OF PROJECT: CDBG funds will be used for the design & construction of the Centers' interior kitchen improvements at the Mary Phillips Senior Center. This is a three year project. ELIGIBILITY:570.201 (c) BENEFIT: Low Mod Limited Clientele Presumed 11. CENSUS TRACT (S) /ENUMERATION DISTRICT (S) 12. ANTICIPATED ACCOMPLISHMENTS: Design and construct interior of Senior Center. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067. ) Benefit Benefit (a) (b) (c) (d) (e) $ $ $ Public Facilities $270,951 14. Totals $ 270,951 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c $ 270,951 22 Prohibition Against Conflicts of Interest EXHIBIT CI , page 1 of 4 § 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570,202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570.203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 35 Prohibition Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (e) (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1 Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2 Whether an opportunity was provided for open competitive bidding or negotiation; (3 Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4 Whether the affected person has withdrawn from his or her functions or responsibilities, or'the decision making process with respect to the specific assisted activity in question; (5 Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6 Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7 Any other relevant considerations. 36 Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 1 of 2) TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub-grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4. 4) A grantee's or sub-grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. 37 Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 2 of 2) TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. 38 ITEM 12 APPROVAL _/()~ CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Coundl Grant M. Yates, Assistant to the City Manager July 27, 1999 Memorandum of Understanding for Emergency Ambulance Services PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council approve the Memorandum of Understanding (MOU) between the City of Temecula and the County of Riverside, Emergency Medical Services (EMS) Agency, for joint monitoring of Ambulance Services. BACKGROUND: City staff has been working cooperatively with the staff of Riverside County's Emergency Medical Services Agency to monitor the services provided by the County's ambulance provider, American Medical Response (AMR). The County has AMR under contract to provide ambulance services until June 30, 2003. The attached Memorandum of Understanding (MOU) will formally recognize the City's right to mutually review the operations of AMR, with the EMS Agency, to ensure that ambulance services provided to residents in the City meet the required standards as spelled out in the contract between the County and AMR. AMR is required to respond to 90% of all 911 emergency calls within ten (10) minutes. If they are late, then fines, of up to $200 per call, are assessed by the EMS Agency. This MOU also establishes the legal framework for the creation of the Southwest County Ambulance Zone. This zone includes the Cities of Temecula, Murrieta, Canyon Lake and Lake Elsinore. The Southwest Zone meets quarterly to monitor AMR's performance and provides an opportunity for each City to share concerns directly with the EMS Agency and AMR. In addition, all fines collected by the EMS Agency will be distributed back to the titles to pay for such things as supplies, equipment and/or training. The Zone Committee agrees as to how the actual monies are to be spent. On July 13th, a Southwest Zone meeting was held and the performance of AMR was reviewed. Based upon this review, it was determined that AMR's response times dipped slightly below the 90% compliance requirement in May/June of 1999. Based on this information and the overall increased activity of the zone, AMR has agreed to add another 12-hour ambulance in the Menifee area to help provide additional resources to the Zone during the day. This will help ensure that ambulances, stationed in Temecula, are less likely to be taken out of the City for hospital transfer services, which should result in AMR's 90% compliance for the zone. FISCAL IMPACT: There is no direct fiscal impact for approving this MOU. Attachment R:~DAMSA\COUNCILx,MOU-Amlx~tn~ Scrvlc~.doe MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES This MOU is entered into pursuant to Schedule E-I in the Agreement for "ALS Exclusive Operating Areas - American Medical Response Master Contract" (hereafter referred to as "the Contract"). The City of Temecula hereby known as "City", and the County of Riverside, acting through its Emergency Medical Services (EMS) Agency, do enter into this Agreement with reference to the following facts: Ao The participants agree to consult on issues regarding provider performance, changes or cancellation of the contract with the provider and distribution of performance penalty monies received under the performance based contract and other decisions related to administration of the contract. By entering into this MOU, the participants do not waive or otherwise relinquish any legal rights or obligations as they may have under law. Now therefore the participants agree as follows: The EMS Agency will provide staff for day-to-day management and administration of the Contract with regular reporting of performance to the EMS Administrative Group described in #2 below. Each participating agency will designate an individual to serve on an EMS Administrative Group that will mutually review performance reports, monitor contract compliance and determine use and allocation of performance penalty monies received from the provider as well as other duties mutually agreed to, on behalf of the city. The individual will be the City Manager or designee from each city, the Riverside County Fire Chief or designee in the unincorporated areas, and the EMS Agency Director or designee. o The term of this agreement shall begin September 15, 1998 and run through June 30, 2003, or throughout the term of the Contract if extended, with the emergency ambulance provider. There shall be no assessments to the City for the costs of administering the Contract or this MOU. , Performance standards will be as specified in the Contract between Riverside County and the emergency ambulance provider, or as otherwise modified from time to time. o City may request modified services as provided by the Contract, subject to negotiated costs or savings and EMS Agency approval. MOU Page 2 of 2 10. City will invoice the County of Riverside EMS Agency annually for payment of penalties. Ambulance rates will be set in accordance with County and HSA policy with input from the involved cities. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to each party to this MOU. The participants agree to cooperate in carrying out the purposes and intent of this MOU and to execute, acknowledge and deliver all additional agreements, instruments or other writings reasonably necessary to carry out this MOU. However, no party hereto shall be compelled to surrender its discretionary powers of approval as contemplated in this MOU by virtue of this covenant. City of Temecula Signature Date Title County of Riverside Date ITEM 13 CITY ATTORNEY ~~ ,,~O,,~ .~. DIRECTOR OF FINAN E ~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council Shawn Nelson, Acting City Manager July 27, 1999 Riverside County Library Contract Amendment Allie Kuhns, Senior Management Analys~,,~,, RECOMMENDATION: That the City Council: 1. Authorize the City Manager to execute the Second Amendment to Agreement to Provide Library Services (Additional Staff). Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position, and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions at the fiscal year 1998-99 level for fiscal year 1999-00. BACKGROUND: Since July 1, 1997, the Riverside County Library System (RCLS) has been operating under a contract with Library Systems and Services, Inc. This contract is administered by RCLS by breaking the County into three service areas. The Temecula Library is in the Mid-South Zone Service Area, and receives funding from the Temecula, Sun City, Lake Elsinore, Canyon Lake, San Jacinto, Valle Vista, Idyllwild, Calimesa, and Anza regions. For the past two years, the Temecula Branch Library has been open to the general public for 48 hours per week with the following positions staffed: Position Title Number of Full Time Ecluivalents (FTE) Librarian 1 Reference Librarian 2 Library Associate 1 Library Assistance 2.5 Volunteer Coordinator .5 Library Page 4 Total 11 As of July 1, 1998, the City of Murrieta is no longer part of the RCLS, and the library property taxes which are generated within the Murrieta City Limit have been redirected from RCLS to the City of Murrieta. This has resulted in a revenue shortfall of approximately $350,000 to the Mid-South Zone for this fiscal year. Due to the reduction in funds available, without the augmented funding from the City of Temecula, the County would have to reduce the number of personnel assigned to the Library as follows: -- Library full time equivalents would be reduced from 1 FTE to .75 FTE. -- Reference Librarian would be reduced from 2 FTE's to .25 FTE. -- The Volunteer Coordinator position would be eliminated. This Coordinator has not only assisted the library staff, but has managed to apply an average of over 600 volunteer hours per month to library operations. The Temecula Library is currently operating at 48 hours per week. As of September 1 st, the number of hours the Library is open will increase to 52 hours per week. FISCAL IMPACT: Adequate funding is available in Account 001-101-999-5285 to fund the $150,000 augmentation requested. Attachment: Second Amendment to Agreement to Provide Library Services (Additional Staff) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND AMENDMENT TO AGREEMENT TO PROVIDE LIBRARY SERVICES (Additional Staff) COUNTY OF RIVERSIDE RIVERSIDE COUNTY LIBRARY SYSTEM and CITY OF TEMECULA (Fiscal Year 1999-2000) WHEREAS, the County of Riverside, Riverside County Library System ("County"), and the City of Temecula ("City"), and the contracted administrator for County, Library Systems & Services, LLC, commonly known as "LSSI" CLSSI") have entered into an agreement to provide library services (additional staff) for the period ending June 30, 1998 (the "Agreement"), as mended, and the parties wish to further mend the Agreement, to be effective on July 1, 1999; NOW THEREFORE, the parties agree as follows: Section 1. RESPONSIBILITY OF THE PARTIES is mended to read as follows: "1.1 Services Performed by County: County shall provide two (2) Reference Librarians, and one (1) Library Volunteer Coordinator (the "Employees") for the Temecula Branch for the period of July 1, 1999 to June 30, 2000. The Employees shall be subject to the supervision of LSSI, pursuant to the LSSI agreement with the County. All duties and activities of County under this Agreement shall be subject to the oversight of the County Librarian for the Riverside County Library System ("County Librarian"). 1.2 City Payment of Cost of Employee: City shall pay the actual salary paid to and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 benefits paid on behalf of the Employee for the term of this Agreement, as amendment, in an amount not to exceed $150,000." B. Each and every reference to "employee" in sections 2, and 3 shall be amended to read "employees". C. Section 4.2 Term is amended to add the following paragraph to the end of the existing section, as amended: "The term of this Agreement is extended, and shall include the time period from July 1, 1999 through June 30, 2000. City or County may terminate this Agreement, as amended, for no cause, on the giving of thirty (30) days written notice to the other party." D. All other terms and conditions of the Agreement shall remain unchanged and shall remain in full force and effect. /// /// /// /// /// /// /// /// /// /// /// /// /// 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, County, City, and LSSI have caused this Second Amendment to be duly executed by the parties hereto. CITY OF TEMECULA COUNTY OF RIVERSIDE By: City Manager By: Chairperson, Board of Supervisors Attest: City Clerk Attest: Gerald A. Maloney, Clerk By: Deputy APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By: Assistant City Attorney By: Deputy County Counsel LIBRARY SYSTEMS AND SERVICES, LLC By: Christopher D. Traut President f:\probate\lfuruta\libraryX2amd-svc.tem By: Frank Pezzanite Secretary ITEM 14 TO: FROM: DATE: SUBJECT: APPROVAL GITY ATTORNEY DIRECTOR OF FINANG GITY MANAGER CITY OF TEMECULA AGENDA REPORT City ManagedCity Council /'/¢~illiam G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 Ci:tywide Tree Trimming Maintenance Services PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Award the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc. for $150,000.00 authorize the Mayor to execute the contract. 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: In June, 1999 Request for Proposals (RFP) and specifications for the Citywide Tree Trimming Contract were sent to twelve (12) tree trimming contractors. On July 6, 1999 three (3) bids were received for Public Works right-of-way tree maintenance. The following proposals were submitted: West Coast Arborists Golden Bear Arborists J. Williams Landscape After review, staff recommends West Coast Arborists in light of the specific unit prices (see attached proposal). 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. Staff have reviewed the bid proposal from West Coast Arborists and found it to be acceptable. West Coast Arbodsts has performed work in the past for the City of Temecula, and we have found their work to be satisfactory. A copy of the proposals are attached (Exhibit "A") for review. FISCAL IMPACT: 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. r:\agdrpl\99\072 7\treeaward/ajp ATTACHMENT: 1. Exhibit"A" 2. Contract r:\agdrpt\99\0727\treeaward/ajp EXHIBIT "A" r:\agdrpl\99\0727\treeaward/ajp West Coast Arborists, Inc. 2200 E. Via Burton Street · Anaheim, CA 92806 (714) 991-1900 · (800) 521-3714 ° Fax (714) 956-3745 June 17, 1999 City of Temecula ATTN: City Clerk 43200 Business Park Drive Temecula, CA 92590 RE: REQUEST FOR PROPOSAL Dear City Clerk, west Coast Arborists, Inc. has achieved a long and successful history in the tree care industry in California. We have completed contracts for maintenance of trees for more than 65 cities throughout California. We are pleased to be able to provide the following proposal to the City of Temecula for Maintenance of Municipal Trees. We are in receipt of your specifications, have reviewed them, and are interested in being engaged to perform according to their stipulations. We have carefully examined the City's tree population and are confident that our company can provide you with the highest quality and standards for tree maintenance available in the marketplace today. After your review of the information provided here, feel free to contact our main office at 800/521-3714. We are licensed by the California State Contractors License Board under license #366764. We have held this license in good standing since 1976. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). We recently received an A+ rating from the bonding board. We currently employ over thirty five ISA Certified Arborists and over sixty Certified Treeworkers, as recognized by the Western Chapter of the ISA. We look forward to continuing a successful business relationship with the City of Temecula in the near future. Respectfully sub ttted, ProJ~ssiona! Tree Maintemmce Organization JUN-25-99 12~2G FROM:CITY OF TEMECULA ID:909594G477 PAGE 14/19 CITY OF TEMECULA TREE TRIMMING RFP BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT BASED ON APPROXIMATELY 7,500 TREES IN VARIOUS LOCATIONS THROUGHOUT THE CITY OF TEMECULA 1 0 4.0 STREET TREE AESTHETIC TRIMMING - FULL TRIM PALM TREE TRIMMING COMPLETE TREE & STUMP REMOVAL STUMP REMOVAL ~lOOT PRUNING WITHOUT ROOT BARRIER ROOT PRUNING WITH ROOT BARRIER (10' X 18" DEEP ROOT OR EQUNALENT) TREE PLANTING: each 28.00 each 28.00 diameter inch 15.00 diameter inch 4.00 -- k 60.00 120.00 gal, w/root barrier gal, wlo root banier inch box w/root barrier 95. O0 each 80. O0 each 195.00 each 24 inch box wlo root barrier ~ watering CREW RENTAL - 3 MEN, AERIA~ UNIT, DUMP TRUCK , CHIPPER "CREW RENTAL - 2 MEN. AERIAL UNIT, DUMP TRUCK 'CHIPPER 160.00 ! emit 260. O0 day 95. O0 hour 63.33 hour CREW RENTAL - I MAN e 3 1.6 7 hour EMERGENCY WORK CALL OUT- 3 MEN INCLUOING ALL $ hot~r NECESSAKY EQUIPMENT, DISPOSAL FEES, AND ZERO 2 0 0. 0 0 MATERIAL MARK-UP Attach a statement of qualifications outlining the contractors corporate profile and contractor's experience in providing Tree trimming services as required by the RFP, 2. Attach a list of client references, Selected contractor will provide the following documentation upon execution of the contract: Certificate of Insurance as outlined in the requirements in attachment B, Patrick Mahoney, President Name . I,/~//Da ,-~ Sig~~~/' / 07/02/99 Golden Bear Arborists, Inc. July 2, 1999 146 E. Railroad Avenue · Monrovia. CA 91016 1626) 359-6647 · FAX (626) 357-5260 Mr. Brad Buron Maintenance Superintendent Department of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: Tree Trimming RFP Dear Mr. Buron: Golden Bear Arborists, Inc. would like to thank you for the oppommity to submit our proposal under this cover comprising the components of your comprehensive tree maintenance program. The content of this proposal represents our knowledge, technical innovation, personal development and company spirit accumulated over the past thirty-one years. From a broad base of operations that includes arboficultural service, landscape maintenance, landscape construction, and greenwaste recycling, Golden Bear draws on its experience to provide a high level of care for the trees of the City of Temecula. Golden Bear has maintained its position at the "leading edge" of the green industry and has developed the reputation of being a goal oriented, quality focused company that strives to provide economic and efficient services second to none. We also believe that the premium level of services, which the City is requesting proposals for. should be provided by a solid tree care business capable of providing personal and specialized service that is the benchmark of all other tree trinuning contractors. Brad Boyajian and Dennis Aidridge ~vill be the contact persons for the City with regard to this submittal. Both are authorized to bind this organization and can be reached at the Golden Bear corporate office. If we are chosen for an interview or to make further presentations, Dennis will lead the Golden Bear team. Please feel free to contact myself or Dennis personally should additional documents or information be required. Thank you for your thoughtful consideration. Respectfully submitted, GOLDEN BEAR ARBORISTS, INC. md er Kefi m Contracts Manger t I I I P.1~/19 ~UM 25 '99 83: 2cjPM CITY OF TEMECULA TREE TRIMMING RFP BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT BASED ON APPROXIMATELY 7,500 TREES IN VARIOUS LOCATIONS THROUGHOUT THE CITY OF TEMECULA STRER' TREE TRIMMING - CLEARANCE TRIM $ l .;. ~ j each STREET TREE AESTHETIC TRIMMING - FULL TRIM $ 38.43 each PALM TREE TRIMMING $ 10.00 ~ach COMPLETE TREE & STUMP REMOVAL STUI~,~P REMOVAL ROOT PRUNING WITHOUT ROOT BARRIER ROO'r PRUNING WITH ROOT BARRIER I10' X fir DEEP ROOT OR EQUIVALENTI TREE PLANTING: $ 6.50 .80 $ 85.00 135.00 diameter inch diameter inch each each 15 gal. w/root bani~r 15 gel wlo root barrier ~ 115.00 ~ ~ 69. O0 each each 24 incll box w/root barrier 260.00 each 24 ind: box wlo root barrier wateri____,,Z'9 CREW. RENTAL '- 3 MEN. AERIAL UNIT, DUMP TRUCK CHIPPER !190.00 365.00 165.00 each day hour CREW RENTAL - 2 MEN. AERIAL UNIT. DUMP TRUCK CHIPPET 'CREW RENTAL - 1 MAN ' EMERGENCY WORK CALL OUT - 3 MEN INCLUDING ALL NECESSARY EQUIPMENT, DISPOSAL FEES, AND Z~'RO MAT'r. RU~L MARK-UP 130.00 hour 40.00 $ 240.00 hour hour Attach ,a statement of qualifications outIining the contractors corporate profile and contractor's experience in providin9 tree trimming services as required by the RFP. Anach a list of client references. Sele~{ed contractor will provide the following documentation, upon execution of the contract Certificate of Insurance as outlined in the requirements in attachment B. Heather A. Kellstrom'~ Contracts Mana~(r ~July 2, 1999 J. WILLIAMS LANDSCAPE, INC. Serving Orange County since 1964 7392 Earl Circle · Huntington Beach, CA 92647 Telephone: (714) 847-0883 · (800) 592-6999 Fax: (714) 848-1751 Web Page: www.jwtscape.com Emaih jwldscape@earthlink.net J. Williams Landscape, Inc. shall provide during the entire length of the contract a Certified Arborist, trained climbers, trimmers and line clearance personnel that will be performing all work. Our company has provided tree-trimming services for Cities and Homeowners Associations both large and small for 35 years, our motto is "quality, training and service". L. Williams Landscape, Inc. has done several tree-trimming contracts for the City of Temecula. As of April 1, 1999 the company has merged with J. Willlares Landscape, Inc. which still provides the same qualified personnel. C 27-401620 JUN-~5-g9 13,~4 F~0H,CITY OF TEHECULA ID,9~96946477 PAGE CITY OF TEMECULA TREE TRIMMING RFP BID PR1CES FOR PROPOSED TREE TRIMMING CONTRACT eASED ON APPROXIMATELY 7.500 TREES IN VARIOUS LOCATIONS THROUGHOUT THE CITY OF TEMECULA STREET TRE TRIMMING - CL/,ARANC~ TRLM STREET TEE AESTHETIC TR4MMING - FULL TRIM t'PALM TRE~5 TRIMMING COMPLETIE TREE & ,STUM~ REMOVAL STUMP REMOVAL ROOT PRUNING WITHOUT ROOT BARRIER ROOT PRUNING WITH ROOT BARRIER ~':E~ 18' DEEP ROOT OR IgQ, UfVALEMT) PLANTING: 15 9at w/root 15 9al. wlo root b~rim 24 ktch box w/root bkrlet 24 inch bo~ wlo root builder tweTatin CREW KENTAL · $ MF.N. ABUAL UNIT. DUMP TRUCK CREW RENTAL - Z CREW RENTAL - 1 MAN 30.00 PER TREE each 24.00 PER TREE 600.00 PER REMOVAL d~met~r ~h 24" - ~" 200.00 PER GRIND ~ameter ~ 24" - 30" 150.00 AVE%GE ~ 242.00 AVEP&GE ~ 26.00 PER TREE EMERGF..NCY WORK CALL OUT - 3 MIN INCLUDING ALL NECESSARY EQI,JtPMeJ~". DLSPOeAL- · FE.F,.~. AND Z,r. RO MATERIAL. MARK-UP 159.89 PER INSTALL each 65.00 PER INSTALL e~h 357.00 PER INSTALL each 240.00 PER INSTALL ~ 125.00 DER DAY day 295.00 PER HOUR hour 250.00 PER HOUR 45.00 PER HOUR 442.00 PER HOUR hoMr hour hour Attach a statement of qualifications outlining the contractors corporate profile and contractor's experience in providing tree Trimrain9 services as required by the RFP. Attach a List of client references. SelecTed contractor will provide the following documentation upon execution of the contract: Certificate of insurance as outlined in the requirements in attachment B. J . T.'TILLIAMS , PRESIDENT Name itlelDate Si - 7/02/99 13 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT FOR CITYWIDE TREE MAINTENANCE SERVICES THIS CONTRACT, made and entered into the 27th day of July, 1999, by and between the City of Temecula, a municipal corporation, hereina~er referred to as "CITY", and West Coast Arborists, Inc., hereina~er referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITYWIDE TREE MAINTENANCE SERVICES, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereina~er, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE TREE MAINTENANCE SERVICES. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for CITYWIDE TREE MAINTENANCE SERVICES. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. CONTRACT CA-1 R:\mainlain\trees\wcoastarboristscont/ajp SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYVVIDE TREE MAINTENANCE SERVICES All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHDULE. The CITY agrees to pay, and CONTRACTORagrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED FIFTY THOUSAND DOLLARS and NO CENTS ($150,000.00), the total amount of the base bid. TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2002. 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 of 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 (12) month period ending June 30th Of that year, or if not available, the prior month. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. o CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or CONTRACT CA-2 R:\ma~nlain\trees\wcoastarbor~stscont/ajp about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00-$500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-3 R:\ma~nta~n\trees\wcoastarbor~stsconl/alp 10. 11. 12 13. 14. 15. 16. 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 Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. CONTRACT CA-4 R:\rnainla~n\trees\wcoastarborlstsconl/alp 17. 18. 19. 20. 21. 22. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 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. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: William G. Hughes, Acting Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 R \ma~ntain\trees\wcoaslarbonstscont/alp IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR WEST COAST ARBORISTS, INC. 2200 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 By: Patrick O. Mahoney, President DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Steven J, Ford, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-6 R:\maintain\trees\wcoastarborislsconValp ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manage~City Council /')~/j)l William G. Hughes, Acting Director of Public Works/City Engineer DATE: July 27, 1999 SUBJECT: Authorize Change to Temporary Partial Street Closures for Bike Races from July 31, 1999, to September 25, 1999. (Business Park Drive and Single Oak Drive) PREPARED BY:~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer. RECOM M ENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING RESOLUTION NO. 99-67 WHICH AUTHORIZED PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, 1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, TO CHANGE THE LATTER DATE TO SEPTEMBER 25, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS. BACKGROUND: There have been several bicycle races held on the two more appropriate closed courses in the industrial park areas of the City beginning in 1990. One of these courses has been on the Rancho Califomia Business Park course (Business Park Drive and Single Oak Drive). The other was on the Winchester Highland Business Park course (Ynez Road, Equity Drive, and County Center Drive). As these business/industrial parks have developed, them has been increased weekday use of these areas. Both of these parks also have church tenants with principal uses on Sunday. Staff requires as a condition of Special Event Permit issuance notification of all affected parties and businesses when such events interfere with the normal flow of traffic. The Rancho California Business Park course has been used several times as the prime bicycle course with such event sponsors as Team Temecula/Rancho Cycling Club, and most recently the Temecula Cycling Classic Stage Race in 1998. r:~agdrpt~99~D713~busparkdrraces This year, the two current applicants for use of the Rancho California Business Park Course proposed to stage their races on Sunday, July 25, 1999, and Saturday, July 31, 1999. Subsequent to the preparation of Resolution No. 99-67, the applicant for the Riverside Cycling Club requested their event date change from July 31, 1999, to September 25, 1999. 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 right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary partial street closures for the Riverside Cycling Club Race from July 31. 1999, to September 25, 1999. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., 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. A proposed race course and traffic controls are indicated on the attached diagram. Traffic Staff and Police Department will review prior to issuance of these special event permits. All required signs and devices shall be provided by the sponsors/permittees. The sponsors shall post insurance in accordance with the requirements of Resolution No. 91-96 which adopted standards for special events on public streets, highways, sidewalks or public rights of way. Some partial closures, as limiting lane widths for construction purposes or partial closures for "Block Parties" on cul-de-sac streets only, have not been submitted for City Council action in order to reduce the impact on City Council and staff time. FISCAL IMPACT: None. Any police services required for these events will be negotiated by the Police Department and sponsors, and the sponsors shall be responsible for such costs. ATTACHMENTS: 1. Resolution No. 99- 2. Resolution No. 99-67 3. Special Event Permit application and request for change of event date. 4. Proposed Course Layout. r:'agdrpt~99~0713~busparkdrraces RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING RESOLUTION NO. 99-67 WHICH AUTHORIZED TEMPORARY PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, 1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, TO CHANGE THE LATTER DATE TO SEPTEMBER 25, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the partial closure of public streets for the Temecula Cycling Classic Stage and Riverside Cycling Club races, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close portions of public streets for the Temecula Cycling Classic Stage and Riverside Cycling Club races on July 25, 1999, and September 25, 1999, respectively: and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary partial street closures for the Temecula Cycling Classic Stage and Riverside Cycling Club races, 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 City Engineer to permit temporary partial street closures for the Temecula Cycling Classic Stage Race on July 25, 1999, and the Riverside Cycling Club Race on September 25, 1999, and establishes 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 July 1999. ATTEST: Steven J. Ford, Mayor Susan W.Jones, CMC, City Clerk r:~agdrpt~99~0713~busparkdrraces [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99- 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 July 1999, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W, Jones, CMC City Clerk r:~agdrpt~99~0713~busparkdrraces RECEIVED MAY 2 8 1996PECIAL CITY OF TEMECULA EVENT PERMIT APPLICATION CITy OFTEMECUL~'I'O BE HELD ON PUBLIC STREETS, HIGHWAYS, ENGINEERING DEPARTML~)EWALKS' OR PUBLIC RIGHTS-OF-WAY .,.C;~'i..~l~u',jE~::;~_'~ ", t,C } \t b...,..--/'k'll--\ ,_ ~"1_~': !fiL''i_L.,'t,., "rCTh,'d C"...¢ 'E tp ~C FEES O BE CHA~GE,D~BY PERMITTEE: SOUND SYSTEMS - NUMBER AND AMPLIFICATION RANGE: 80 TYPE OL= GOODS/SERVICES TO BE SOLD/PROVIDED: 90 THE APPLICANT HEREBY STATES THAT THE ABOVE INFORMATION IS ACCURATE UNDER PF,_.~ALTY OF PEI~URY. THE APPLICANT AGREES TO FULLY COMPENSATE THE CITY OF TEMECUI~ FOR ANY DAIV~6E TO PUBLIC PROPERTY, AS WELL AS TO C~ A~ OTHERWISE RESTORE THE ~T SITE TO THE CO~ffl0N I~ WHI6H · ~IS]E~ P~OR TO THE O0~B~0T 0F ~ APPLICANTlAG NT N~ FOR CITY STAFF USE ONLY: 1. 2. 3. 4. 5. 6. APPLICATION FEE AMOUNT: $ PAID: SPECIAL EVENT [] MAJOR SPECIAL EVENT [] MEET/CONFER WITH TRANSPORTATION DIVISION [] INSURANCE CERTIFICATE REQUIRED [] TRAFFIC CONTROL PLAN/TRAFFIC STUDY REQUIRED [] RECBPT #: p wO 1 \forms\permits\specevnt, ~pp 092091 SENT BY: 3-12-98: 9:51A.',t: CITY OF TE~ECULA'~ Je~Sul:,: ;= ~" RECF' ._ I V E D crn, oF Tm,:cu -~UN _t 5 ~999SpECiAL EVENT PERMIT APPLICATION C;~< OF TEMECULA TO BE HELD ON PUBIC ~RE~S, HIGHWAYS, -._:~=~:~/ Z.',GINEER~NG DEpARTME~DEWALKS' OR PUBLIC RIGHTS-OF-WAY APP,CANT'S .A=S AND ADoR.s** ~'E~ NUMBER OF ANTIC~AT~ PARTICIPANTS: 3- PUBPOSEOF EVENT: ~L~-f C, L.(AJ~.q F_,J)~-~-TT''. DATE, HOURS. PRECISE LOCATION OF EVENT: FEESTOBECHARGEDBYPERMITTEE: ~ I~' 4trZo prcr~ p4-rz.~clpk~.~l' e TYPE & NATURE OF VEHICLES, EQUIPMENT, ETC.: ~1 cycling. 7. SOUND SYSTEMS - NUMBER AND AMPLIFICATION RANGE: ' 80 TYPE OF GOODS/SERVICES TO BE SOLD/PROVIDED: 90 VENDORS/NAME AND BUSINESS ADDRESS: 100 SECURITY PLAN FOR EVENT: THE APPLICANT HEREBY STATES THAT THE ABOVE INFORMATION IS ACCURATE UNDER PENALTY OF PERJURY. THE APPUCANT AGREES TO FULLY COMPENSATE THE CITY OF TEMECULA FOR ANY DAMAGE TO PUBUC PROPERTY. AS WELL AS TO CLEAN AND OTHERWISE RESTORE THE EVENT SITE TO THE CON~_~_,~ED PRIOR TO THE CONDUCT OF THE WENT. PRINT APPUCANTIAGENT NAME APeLICANT/AGENT SIGNATURE AND DATE 1. APPLICATION FEE AMOUNT: ' / PAID: RI3CEIPTI: 5/'q//l ~, INIU~NCE CBTIF~ATE REQUIRED D ~k~C~]~Qk~~FFIC STUDY R~QUIRED Q p~1%fom~emteXep.evet,~ 092091 'FOR CITY STAFF USE ONLY: I Carrera Promotions International City of Temecula 43200 Business Park Drive PO Box 9033 Temecula, Ca. 92589 Attention: Albert K. Crisp Permit Engineer Friday, June 11, 1999 Dear Mr. Crisp: Enclosed is the special event application with applicable fee's and our proposal for the Temecula Cycling Classic event to held July 25, 1999. We have applied for permits with the District Representative of the United States Cycling Federation. Liability insurance certificates in the name of The City of Temecula will issue by the United States Cycling Federation (USCF). Copy will be sent to your office prior to the event. Course marshals and Traffic control signage to be provided by our organization. Event format: · 1.3 mile course utilizing Business Park Dr. and Single Oak Dr. See attached course map. One group of riders competing on the course at one time. All parking and registration will be held at the City of Temecula parking area. 5tart time 11:00 AM, Approximate finish time 5:30 PM If you have any questions or concerns, please call as soon as possible. Thank you for your cooperation in advance. Sincerely, ~era Pr~nal Ben Cardenos Event promoter ENGINEERING SKETCH PAD EPE TECHNOLOGIES INC. PROJECT NAME T"rc~F__,~,,J,}~Iv- C,VCI,,II~ DESIGNED FOR DESIGNED BY BUDGETARY PRICE FOI~ DESIGN SHOWN BELOW $ DATE RESOLUTION NO. 99-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC STAGE RACE ON JULY 25, '1999, AND THE RIVERSIDE CYCLING CLUB RACE ON JULY 31, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the partial closure of public streets for the Temecula Cycling Classic Stage and Riverside Cycling Club races, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close portions of public streets for the Temecula Cycling Classic Stage and Riverside Cycling Club races on July 25, 1999, and July 31, 1999, respectively: and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary partial street closures for the Temecula Cycling Classic Stage and Riverside Cycling Club races, 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 City Engineer to permit temporary partial street closures for the Temecula Cycling Classic Stage Race on July 25, 1999, and the Riverside Cycling Club Race on July 31, 1999, and and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. R:Resos\99-67 1 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13th day of July 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-67 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of July 1999, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk R:Resos\99-67 2 ITEM 16 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~,~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Acting Director of Public Works/City Engineer July 27,1999 Accept Public Improvements in Tract No. 21821 ( Northwesterly of Via Norte at Kahwea Road) PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: 1. ACCEPT the public street and water improvements in Tract No 21821, 2. AUTHORIZE reduction in Faithful Performance security to the warranty level, initiation of the one-year warranty period, and release of the Traffic Signalization Mitigation security. 3. DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On July 2, 1991, the City Council approved Tract Map No. 21821, and entered into subdivision agreements with: Bedford Development Co. (c/o Mesa Homes) for the improvement of street and drainage, installation of water systems, and subdivision monumentation, and traffic signalization mitigation fees. Accompanying the subdivision agreements were Instruments of Credit issued by Butterfield Financial Corporation as follows: 1. Instrument of Credit in the amount of $56,500 ($42,000, and $14,500, for street and drainage, and water system, respectively) to cover faithful performance. 2. Instrument of Credit in the amount of $28,250 ($21,000 and $7,250, for street and drainage, and water system, respectively) to cover labor and materials. 3. Instrument of Credit in the amount of $3,500 to cover subdivision monumentation. 4. Instrument of Credit in the amount of $750.00 to cover traffic signalization mitigation fees. \~TEMEC FS201\DATA\DEPTS\PW~AGDRPT\99\0727\TR21821.ACCEPT.DOC Bedford Development Co. subsequently sold the project to: Cleveland Investment Co., Inc. and Temecula Investment Co., Inc. 28465 Front Street, Suite 321 Temecula, CA 92590 The new developer submitted replacement agreements and security for the contractual work which were approved and accepted by the City Council on January 14, 1997.. The substituted security is a Letter of Credit issued by Fallbrook National Bank as follows: Irrevocable Standby Letter of Credit No. 96-062 in the total amount of $89,000. The stated amount is sufficient to meet the obligation for Faithful Performance of $56,500, ($42,000 and $14,500, for street and drainage, and water system, respectively); Labor and Material of $28,250 ($21,000 and $7,250, for street and drainage, and sewer system, respectively); Subdivision Monumentation of $3,500; and Traffic Signalization Mitigation of $750.00. Staff has reviewed and approved the public improvements and Rancho California Water District has accepted the water system. Therefore Staff recommends acceptance of the public improvements, initiation of the one-year warranty period, and reduction in the faithful performance podion of the posted security to the amount set forth below. Staff also recommends release of the Traffic Signalization Mitigation podion of the posted security. The present process of collecting fees for this purpose was authorized under the Public Facilities Development Impact Fee structure as adopted by Ordinance No. 97-14. The fee is taken at building permit issuance on a square footage basis rather than the per gross acreage basis which was the basis for the Traffic Signalization Mitigation security on file. Release of this podion of the posted security reduces the residual amount by $750.00. It is therefore recommended that the posted security be reduced to the following amount at this time: Irrevocable Standby Letter of Credit No. 96-062 in the reduced amount of $36,900. (Faithful Performance warranty of $5,650, Labor and Materials of $28,250, and Subdivision Monumentation of $3,000) The Subdivision Monumentation is under review by Staff and will be recommended for acceptance and release of that podion of the posted security to the City Council when appropriate. The Labor and Materials podion of the posted security will be retained for the contractual six-month lien period which follows City Council acceptance of the public improvements. One public street within this tract is being accepted into the City-Maintained Street System by City Council Resolution No. 99- at this time. The street to be accepted is Calle Fuente. Podions of Via Node, and Calle Fiesta are within the tract boundary but were previously within the County Maintained-Road System at the time of City incorporation and became pad of the City-Maintained Street System by succession on December 1, 1989. FISCAL IMPACT: None ATTACHMENT: Location Map \\TEMEC FS201\DATA\DEPTS\PWXAGDRPT\99\0727\TR21821.ACCEPT.DOC RANCHC) ~ Zgo Tract No. ?-1821 Location Map NOTE: MAPS NOT TO SCALE ITEM 17 APPROVAL CITY A'FrORNEY CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: .t,j.~TJWilliam G. Hughes, Acting Director of Public Works/City Engineer DATE: July 27, 1999 SUBJECT: Acceptance of Public Street into the City-Maintained Street System within Tract No. 21821. (Northwesterly of Via Node at Kahwea Road)) PREPARED BY: i~Ronald J. Parks, Deputy Director of Public Works ~f~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREET INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21821) BACKGROUND: The City Council approved Tract No. 21821 on July 2,1991, and entered into Subdivision Agreements for construction of street, and water system improvements, and subdivision monumentation with Bedford Development Company, a California Corporation. On July 27, 1999, the City Council accepted the public improvements for this tract. The public street now being accepted by this action is Calle Fuente. Other streets within this tract include podions of Calle Fiesta and Via Node which were both pad of the County-Maintained Road System prior to City incorporation and became a podion of the City-Maintained Street System on December 1, 1989. FISCAL IMPACT: ATTACHMENT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Resolution No. 99- with Exhibits "A-B", inclusive. r:',agdrpt',99M:)727~tr21821 .sts RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREET INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21821 ) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted an offer of dedication of certain lots for street and public utility purposes made by Bedford Development Company, a California Corporation, with the recordation of Tract Map No. 21821: and, WHEREAS, The City of Temecula accepted the improvements within Tract No 21821 on July 27, 1999. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained-Street System that street offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of July, 1999. Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC City Clerk r:~agdrptLq9~)727~tr21821 .sts 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. 99- 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 July, 1999, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk r:~agdrptLq9~0727~tr21821 .sts EXHIBIT "A" TO RESOLUTION NO. 99- Accepting the public street offered to and accepted by the City of Temecula as indicated on Tract Map No. 21821, and accepting subject public street into the City-Maintained Street System as described below: That lot described as Lot "C", as shown on Tract Map No. 21821, filed 12 July 1991, in Book 233 of Maps, Pgs 58-61 Incl., further described as follows: Lot "A"* Lot "B"* Lot "C" Portion of Calle Fiesta Portion of Via Norte Calle Fuente * Streets included in the County Maintained-Road System prior to City incorporation. These became part of the City- Maintained Street System by succession on December 1, 1989. r:%agdrpt~99%0727%tr21821 .sts EXHIBIT "B" FOR RESOLUTION NO. 99- SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: $_~ ~m~ ~ fs~.~/,~7. 273 ~ --- -, ,X ~/~.~ ~/~oi~t Site ~ ~ ~,,, °~l ~ 275 _ ~ ~ N,x '-,, 2.83 LEGEND 290 289 NOTE: MAPS NOT TO SCALE STREETS OR PORTIONS OF STREETS ITEM 18 APPROVAL , CITY ATTORNEY '~E~ DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council /)~j,~William G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 SUBJECT: Substitute Agreements and Securities in Tract No. 24188-1 (Northwesterly of intersection of Butterfield Stage Road at De Podola Road) PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works /~'f~'Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: ACCEPT the substitute Subdivision Improvement and Subdivision Monument Agreements, and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities in Tract No. 24188-1. AUTHORIZE release of the Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities on file. DIRECT the City Clerk to so notify the developer and sureties. BACKGROUND: The City Council approved Tract Map No. 24188-1 on July 13, 1999, and entered into subdivision agreements with: Newland Communities, LLC 9404 Genesee Avenue, Suite 230 La Jolla, CA 92037 for the improvement of streets and drainage, installation of water and sewer systems, and subdivision monumentation. Accompanying the subdivision agreements were the following securities as posted by The American Insurance Company as follows: Bond No. 111 4167 5220 in the amount of $631,000 ($401,000, $108,000, and $122,500, respectively) to cover faithful performance for streets and drainage, water, and sewer improvements. Bond No. 222 4167 5220 in the amount of $316,000 ($200,500, $54,000, and $61,500, respectively) to cover labor and materials for streets and drainage, water, and sewer improvements. 3. Bond No. 111 4167 5238 in the amount of $20,500 to cover subdivision monumentation. r:~agdrpt~99~713~tr24185-2.subagmt Newland Communities, LLC, has sold this project to the following developer: Buie Careyes, LLC 11260 El Cam·no Real, #200 San Diego, CA 92101 The new developer has submitted replacement agreements and securities for the contractual work. The substituted securities are bonds posted by Insurance Company of the West as follows: Bond No. 156 75 45 in the amount of $631,500 to cover streets and drainage, and water and sewer improvements for faithful performance. Bond No. 156 75 45 in the amount of $316,000 to cover streets and drainage, and water and sewer improvements for labor and materials. 3. Bond No. 156 75 46 in the amount of $20,500 to cover subdivision monumentat·on The affected public streets, although not completed or accepted are Fermo Court, Verona Court, Naples Court, Messina Street, and portions of Jerez Lane, and Sunny Meadows Drive. The portion of Butterfield Stage Road within the tract boundary is already part of the City-Maintained Street System FISCAL IMPACT: None. ATTACHMENTS: 1. Location Map 2. Subdivision Agreements (On file) 3. Surety Bonds (On file) r:~agdrptLq9~0713~tr24185-2,subagmt TR. NO. 24188-1 ,JECT SITE D/EGO VICINITY MAP , ' , I ,/6 /r ,/, ', ,a / ,,,~/. t-> t£. Tract No. 24188-1 Location Ma-~ NOTE: MAPS NOT TO SCALE ITEM 19 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council MJ,,~William G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 First Street Bridge Project, Project No. PW95-08 RECOMMENDATION: That the City Council approve an agreement in the amount of $80,540 with Tom Dodson & Associates to monitor the environmental impacts associated with the construction of the First Street Bridge, Project No, PW95-08 and, authorize the Mayor to execute this agreement. BACKGROUND: The Department of Fish &Game and Army Corps. of Engineers had specified certain "stream alteration" conditions associated with the construction of First Street Bridge. Tom Dodson & Associates who had processed the applications and had obtained the required permits from said regulatory agencies, has been selected to conduct the required construction monitoring and post construction restoration activities. Monitoring would have to begin approximately three (3) weeks prior to start of construction, in compliance with the conditions, and continue for five (5) years. This contract agreement is presented to the City of Temecula City Council for approval pursuant to the Cooperative Agreement approved on March 17, 1998 between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of First Street Bridge. FISCAL IMPACT: This Project is funded by Redevelopment Agency and Capital Project Reserve funds. Adequate funds are available for this agreement in Account No. 280-199~807-5804. ATTACHMENTS: Agreement R:~AGDRPT~99\0727\FIRSTSTREETAGRMT.DOC CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES FIRST STREET BRIDGE PROJECT PROJECT NO. PW95-08 THIS AGREEMENT, is made and effective as of July 27, 1999, between the City of Temecula, a municipal corporation ("City") and Tom Dodson & Associates, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 27, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 27, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Eighty Thousand Five Hundred Fourty Dollars and Zero Cents {$80,540.00) 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 wdtten notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. r:'cip~orojects~w95~pw95-08~odsonagrmt/ajp 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 pdor written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by wdtten 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 dght, notwithstanding any other provision of this Agreement, to terminate this Agreement without furlher 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 cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the 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 original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall 2 r:~cip~projects~pw95~pw95-08'dodsonagrmt/ajp make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum 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 I (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 Employers 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: (City note: I million is minimum amount required. This amount may need to be increased based on the service and/or project. Please consult the Risk Manager and notify Purchasing prior to completing this section - notice in parenthesis should not appear in original document) $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. r:~cip~rojects~pw95~pw95-08~odsonagrrnt/ajp (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employers Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage:: (City note: 2 million is minimum amount required. This amount may need to be increased based on the service and/or project. Please consult the Risk Manager and notify Purchasing pr/orto completing this section - notice in parenthesis should not appear in original document) 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: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be pdmary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. r:~cip~projects~pw95~w95-08~dodsonagrmt/ajp e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera.qe. Consultant shall fumish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed 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, headng or similar 5 r:~cip~projects~ow95~pw95-08~dodsonagrmtJajp 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 dght to review any such response does not imply or mean the dght 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 Tom Dodson & Associates 2150 N. Arrowhead Avenue San Bernardino, CA 92405 Attention: Tom Dodson 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Tom Dodson shall perform the services described in this Agreement. Tom Dodson 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 Tom Dodson 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 attomey fees and litigation expenses for the relief granted. r:~cip~projects~pw95~pw95-08~lodsonagrmt/ajp 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, CITY OF TEMECULA Steven J. Ford, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Tom Dodson & Associates 2150 N. Arrowhead Avenue San Bernardino, CA 92405 (909) 882-3612 By: Tom Dodson Title: President r:~cip~projects~ow95~w95-O8~odsonagrmt/ajp EXHIBIT A TASKS TO BE PERFORMED r:%cip~orojects~ow95'q:wv95-O8%dodsonagrmt/ajp TOM DODSON & ASSOCIATES 2150 N. ARROWHEAD AVENUE SAN BERNARDINO, CA 92405 TEL (909) 882-3612 · FAX (909) 882-7015 E-MAIL tda@empirenet.com June 29, 1999 City of Temecula Attn: Amer Attar, Senior Engineer 43200 Business Park Drive Temecula, Ca. 92589-9033 Dear Mr. Attar, Thank you for the opportunity to provide a cost proposal to reinstate the permits and to insure environmental compliance for the construction of the First Street Bddge. The project involves preparing the necessary paperwork and coordinating with the regulatory agencies for the reissuing of the California Department of Fish and Game's 1603 Streambed Alteration Agreement, and the U.S Army Corps of Engineers Section 404 permit; conducting construction monitoring and reporting for the Southwestern pond turtle, and coordinating and monitoring the subsequent restoration of the construction site. The following cost proposal has been broken down into four sections; 1) Permitting, 2) Construction Monitoring, 3) Restoration and Mitigation Monitoring, and 4) attending meetings upon request by the City of Temecula. Task 1: Permits & Applications Coordination TDA will prepare all necessary applications, identify potential mitigation, if necessary prepare an Altematives Analysis, response to comments, and attend meetings. This task is very open ended and dependant upon the biological resources as well as the regulatory process. Therefore the estimated fee for this task ranges from $1,200.00 for a reissuance to $3,200 for a nationwide permit, and estimated $10,987 for an individual permit. These costs include application fees. The following are the anticipated tasks for each permit required. U.S. Army Corps of Engineer's Section 404 Permit (Permit Fee: $100) · Attend site visit with the Corps, · Identify mitigation, · Prepare Application (Alternatives Analysis and Conceptual Mitigation Plan), · Prepare Response to Comments, and · Attend meetings with the Corps. Regional Water Quality Control Board Section 401 · Attend site visit (if necessary), · Prepare Application, · Coordinate the water quality questions, and · Attend meetings with the Board. (Application Fee: $500) Temecula June 29, 1999 Page 2 California Department of Fish and Game Streambed Alteration Agreement · Attend site visit, · Prepare Application, and · Provide Mitigation Plan for approval. (Application Fee: $variable between $600 and $1,200) Task 2 Sensitive Habitat Awareness Training: Typically, the resource agencies require training for the contractors and anybody working within a sensitive biological resource such as a creek. Should this become a requirement during the repermitting process, the following costs are proposed: This task has two parts, development of the curriculum and conducting the classes. Development of the curriculum will require $137.50 to complete and $50.00 in materials. The training classes will require $270.00 per training class. The class outline the conditions of the permits and the responsibility of the contractors while working in a sensitive area. It also includes some information about the habitat and the species that utilize it. Task 3: Vegetation removal monitoring. and staking of sensitive areas: A field review will be completed to determine the location of sensitive habitat and to. This area will then be staked off and taped to prevent construction personnel from entering those areas. This task will require $400.00 to complete. Task 4: Pond Turtle Exclusion: This task includes the setting up of pond turtle exclusion fencing and trapping any and all pond turtle that may occur within the construction area and relocating them to areas outside the exclusion fence. This process will cost $5,000.00 to complete Task 5: Construction Monitoring.: The pond turtle exclusion fences will need to be monitored approximately 3 time a week provided excessive vandalism does not occur. Therefore, this task is expected to cost $1,100.00 per week. Because I do not know how long the construction will continue, it is impossible to estimate a total amount. Also, we may find the fences are not requiring as much maintenance as anticipated, and the per week cost may be reduced. Task 6: Monitoring of the restoration activities: Once installed, the restoration outlined in the mitigation for the regulatory permits will need to be monitored. Subsequent to the monitoring, reports will be prepared which outline any remedial measures that must be taken to insure success. These reports will be submitted to the regulatory agencies. The monitoring is scheduled for 5 years. During the first year the site will be monitored every 6 months, then once per year for the remaining years. The cost for this task will be $16,000.00 this number includes 6 separate surveys including collection of field data, preparation of a report, and coordination of proposed remedial measures with the City. This cost may be decreased if the mitigation is deemed successful prior to the expected 5 years. Temecula June 29, 1999 Page 3 Task 7: Other Direct Costs. Any other tasks not identified in this proposal such as attending meetings with the City or Contractors, will be billed on a Time and Materials basis at the following rates: TDA Principal Regulatory Specialist Ecologist Biologist 1 Mileage $100.00/hour $90.001hour $ 68.751hour $ 45.00/hour $ 0.35/mile Again thank you for asking Tom Dodson and Associates to assist you with this project and should you have any questions or comments, please call. If you find this proposal acceptable, please sign in the space provided below and return the letter to this office. You may approve only a portion of these tasks by circling and initialing the accepted tasks, then signing the bottom of this proposal. Sincerely, Lisa Kegarice Regulatory Specialist/Ecologist Authorization To Proceed Name/Title Date ITEM 20 CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council /j-,Z/(William G. Hughes, Acting Director of Public Works/City Engineer DATE: July 27, 1999 SUBJECT: Renewal of Annual Street Striping Contract for FY99-00 Project No. PW97-28 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Approve the extension of the Street Striping Contract with Pacific Striping, Inc. of Whittier for Fiscal Year 1999-00, for a period of one (1) year beginning July 1, 1999, in an amount of $150,000.00 , 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 of December 16, 1997 the Street Striping Contract for FY97-98, Project No. PW97-28 was awarded to the lowest responsible bidder, Pacific Striping Inc., of Whittier. Pacific Striping, Inc., has performed satisfactory work during the past year and has responded efficiently in all emergency situations. During FY98-99, Pacific Striping Inc. provided striping services to the City for a total cost of $115,916.00. The total cost of service was allocated as follows: $85,000.00 For new and repainted striping approximately $10,966.00 For sandblasting legends and striping approximately $10,000.00 For the Blue Dot program to mark fire hydrant locations $9,950.00.00 For various category 1 and 2 intersection restriping projects 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 proposed contract limit has been increased to $150,000.00 for Fiscal Year 1999-2000 to cover the additional cost of maintaining new streets recently accepted into the street system and to complete additional Category I and II intersection improvements. R:\agdrpt\99\727/pw97-98ext/ajp FISCAL IMPACT: Adequate funds are included in the FY1999-00 Budget for this contract extension under Public Works Street Maintenance Division Striping/Stenciling Account No. 001- 164-601-5410 and Traffic Division Striping/Stenciling Account No. 001-164-602-5410 for the contract of $150,000.00 and the contingency amount of $15,000.00 for a total contract amount of $165,000.00. ATTACHMENTS: Amendment R:\agdrpt\99\727/pw97-98ext/ajp FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND PACIFIC STRIPING, INC. STREET STRIPING CONTRACT FOR FY97-98 PROJECT NO. PW97-28 THIS FIRST AMENDMENT is made and entered into as of July 27, 1999 by and between the City of Temecula, a municipal corporation CCity") and Pacific Striping, 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 December 16. 1997 the City and Contractor entered into that certain Contract entitled "City of Tcmccula Contract for Street Striping Services" ("Contract"). b. The parties now desire to arecad thc Contract as set forth m this Amendment. 2. Scction 4 ofthc Contract is hcrcbv amcndcd to read as follows: PAYMENT Compcnsation shall be for all ser~'iccs as described in this Amendment and shall not cxceed Onc Hundrcd Fifty Thousand Dollars and No Cents ($150,000.00) and shall be paid pursuant to Section 4 of the Contract. 3. Section 5 ofthe Contract is hcreby amended to read as Follows: "TERM This Contract shall commence on December 16, 1997 and scrvices shall be extended to the 30th day of Jnne, 2000. 4. Except for the changes specifically set forth herein, all other ternis and conditions of the Contract shall remain in full force and effect. R :\cip\projects\pw97\pw97-28\PACIFICAMEND# 1/ajp IN WITNESS WHEREOF. the panics hereto have caused this Contract to be executed the day and year first above w~'itten. CITY OF TEMECULA BY: Steven J. Ford, Mayor Attest: Susan W. Jones, CMC, City Clerk Approvcd As to Form: Peter M. Thorson. Citv Attorney CONTRACTOR PACIFIC STRIPING, INC. P.O. Box 1691 Whittier, CA 90609 (502) 945-7805 Scott Fisher. President R:\cip\projects\pw97\pw97-28\PACIFICAMEND# 1/ajp ITEM 21 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council · 'l~J-~illiam G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 Tract Map No. 23100-7, Located South of La Serena Way, East of Meadows Parkway, West of Butterfield Stage Road, and North of Rancho California Road in the Margarita Village Specific Plan No. 199 PREPARED BY: ~onald J. Parks, Deputy Director of Public Works lement M. Jimenez, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 23100-7 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 23100-7 is located within Village B of the Margarita Village Specific Plan No. 199. As part of Specific Plan No. 199, Tract Map No. 23100-7 is subject to all Specific Plan Amendments and Agreements. The Margarita Village Specific Plan was originally adopted by the Riverside County Board of Supervisors on August 26, 1986 through Resolution No. 86-355. Specific Plan Amendment No. I was approved by the Board of Supervisors on September 6, 1988 via Resolution No. 88-471. Amendment No. I affected Village B by slightly increasing the densities within certain planning areas within this village. Margarita Village Specific Plan became part of the City upon incorporation of the City of Temecula in 1989. City Council approved Specific Plan Amendment No. 2 on March 26, 1996, Specific Plan Amendment No. 3 on October 7, 1997, and Specific Plan Amendment No. 4 on January 27, 1998. The latter three amendments to the specific plan had little effect on Village B. November 8, 1988, the Riverside County Board of Supervisors approved Standard Conditions of Approval for Tentative Tract No. 23100. March 15, 1989, the Riverside County Planning Commission filed Minor Change No. I to the Conditions of Approval. May 2, 1990, the Riverside County Planning Commission filed Minor Change No. 2 to the Conditions of Approval. May 27, 1997 City Council approved Planning Application PA97-0030 which was an amendment and restatement of Development Agreement No. 5 for portions of Tract 23100. Final Tract Map No. 23100-7 is a twenty-seven (27) lot single family residential subdivision with two open space lots. The tract is located south of La Serena Way, East of Meadows Parkway, West of Butterfield Stage Road and within Planning Areas 8, 10, 11, 12 of Village B of the Margarita Village Specific Plan. The site is currently vacant. The following fees have been deferred for Tract Map No. 23100-7: Development Impact Fee due prior to issuance of a building permit. r:~agdrpt~99~)525~tr23100-7,map FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 23100-7 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 23100-7 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Quimby Fees Development Impact Fee CONDITIONS OF APPROVAL Paid Paid To be paid prior to issuance of a building permit r:~agdrpt~99~O525~tr23100-7.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23100-7 IMPROVEMENTS Street and Drainage Water Sewer TOTAL Monument FAITHFUL PERFORMANCE SECURITY $ 191,000 $ 80,500 $ 78,000 $ 349,500 $ 6,100 DATE: July 27, 1999 MATERIAL SECURITY $ $ $ $ & LABOR 95,500 40,500 39,000 175,000 DEVELOPMENT FEES City Traffic Signing and Striping 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 $ 0.00 $ Paid $ 96,930.00 $ 128.00 $ 8.00 $ 1,290.00 $ 305.00 $ 1,731.00 $ 0.00 r:~agdrpt~99~0525'~r23100-7.map PROJECT SITE DE ,/ VICINITY MAP NO SCALE. NUMBER Or LETTERED LOTS: 2 LOTS TRACT NO. 231OO-7 MAY CROUP JULY, 1998 SHEET 1 OF 7 SHEETS ~_Cg~.~D~RjS~SST_A__TDa_Dj! NO, T~.~rCT~'S ~ BRAMALEA CALIFORNIA, LLC. A CALIFORNIA LIMIff~'D UABILITY COMPANY NAME MY COMMIS9OR EXRRES: TAX ~ ~ (LC[N~ EXPIRES: CI_TY_C~__R_K_'~ S~TA~'I~I~ENT THE CITY CO4JNCIL Or ~ CITY OF TEMECULA, STAI~ OF CALIfORNIA. BY ITS CITY CLERk, SUSAN W. J(1NES, CMC. ~{ER~BY APPRO V[S 114[ TRACT MAP AND ACCEPTS IHE GrERS Or DECICATiON MADE NEREGN FOR PU~IC NOA0 AND PUB(,IC LI'rlLITY PIJ~0S~S, AND AS PART SUSAN W. JONES, CMC OTY CLERK. CITy OF I~MECULA SOILS I~T A PRELIMINARY SOILS REPOI~T WAS PR[PARED BY LEIGHTON & ASSOCIATES 51GNEO BY SCHEDULE A: SEC. 29, T, TS, R,2W. TRACT NO. 23100-7 MAY GROUP JULY, 1998 SHEET 2 OF 7 SHEETS PROJICT [[ ]] _ . MB ~1e/'31~,34 I TRAC I' 2310f~6 TRACT NO. 231OO-7 MAY GROUP JULY. 1998 SCALE: f - 200' PROCEDURE OF SURVEY MB 24P/RI.82 SHEET 3 OF TRACf MB / - 2310%4 TRACT 23100-4 MB 24gA57~80 7 SHEETS PARCE3. MAP 22,5~4 PMB 14 f/94-g8 d29. sf> 1112'02'07'fi IIF~.Orfi 23100-3 2~2/44~49 39 TRACT ""- 20RTg 38 /~,, MB 1~/1~I~18 / ~t ~ TRACT \ ~.3100-1 MB 2'14/~-H 27 2~ / TRACT NO. 23100-7 MAY GROUP JULY. 1998 TRAC i' ,c:~3100-4 ~ t'llB 24P, 15'f~O 2o 27 SHEET NO. 5 COUT~T 15 I 1 o-oo'oYsj' 5 I0 PORTION OF PARCEL I PARGEL MAP 22564 PMB 147/g4~[~8 L6 Nso"le'28"E(r) ,;9.9o' C3 970,00' 0510'25" 87.59' C4 1000.00' O0'Jo'to* 8.78' C5 300. 00' tO~0'2g" 54. t5~ C6 #4&O0' 32'54'05' 84.9g' \ \ SHEET 4 OF 7 SHEETS 40 8 43 42 TRACT 23100°8 MB 222/44-4g PMCER kBELAIR 3Q / 3~ 5\, Tr:{AC-F 28100-,3 ' MB 22214.4-/~,r} ~v/// / .,,,, \ \ N TRACT NO. 23100-7 MAY GROUP JULY, 1998 SCALE: 1' - SHEET 5 OF 7 SHEETS 28 25 24 % 2 I 18 17 "",'2' / MB 24g/57~[i0 / 16 27 LOT 12 15 L4 NBg'41'OS*W 28.22' L6 N77~6'O2'W 27.93' L8 N77~6'O2~R) 6g.gB' L13 NiT~5'JJ~R) 27.~' C4 270.00' 0e'05'20' .$8. 12' PORrION OF PAHG~:~L 1 PARCEL MAP 225fj,~, F'Mf3 147/g4-,.98 FOR SURVEYOR'S NOTIS ~ EASEMENT NOTES SEEi ~HEET NO. 2 SCALE: 1 · ~ 50' 11 Io 'fF{ACT 23'10£)¢3 ~,, tVlB 222/44-'4[::) ',~ TRACT NO. 23100-7 MAY GROUP JULY, 1998 SHEET 6 OF 7 SHEETS ,N ~4E O~Y O~ ~UECULA SHEET 7 OF 7 SHEETS COUNTY (~' RIV[RSIDE. ~TA~ ~ CALIF~IA TRACT NO. 23100-7 MAY CROUP JULY, 1998 SCALE: f PORTION 22554 P,M, L'~ N20?1'21'W tll. O0' PORTION OF PARCEl, ~ANCEL MAP P,tvl, 147104~01~ 9 8 THAC;T 2~-I00-,3 MB 222/44-49 \ / \ THAGT 20~7f~ t,/li~ 16,91!6-18 ITEM 22 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 Agreement for Professional Service with Robed Bein, William Frost & Associates for I-15/SR-79 South Interchange Project Study Report (PSR) PW96-05 and 115/Santiago Road New Connection Concept Analysis PW99-03 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Ward Maxwell, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with Robert Bein, William Frost & Associates to provide professional engineering services for the preparation of the I-15/SR-79 South Interchange Project Study Report (PSR) and I-15/Santiago Road New Connection Concept Analysis for an amount not to exceed $86,776.00 and authorize the Mayor to execute the agreement. Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $8,677.60. BACKGROUND: The City was in a prior contract with Robert Bein, William Frost & Associates to provide the 1-15/SR-79 South Interchange Project Study Report (PSR), but the contract was put on hold due to conflicting traffic counts at the interchange. The City has now completed the technical data required for the circulation element and therefore has traffic counts that represent future traffic volume increases. Assessment District 159 (AD159) Improvements, currently under construction, provides adequate capacity for the shod-to-medium range traffic demands. Caltrans approval of this interim intersection configuration was contingent on the City evaluating optimum interchange configuration to improve the build-out operating conditions to acceptable levels. The other phase of this proposal is to provide a Santiago Road/115 Interchange Feasibility Study for potential freeway access at the Santiago Road Overcrossing. Staff recommends including the Santiago/l-15 feasibility study with the 1-15/SR-79 South Interchange PSR because of their close proximity to each other. FISCAL IMPACT: The 1-15/SR-79 South Interchange Project Study Report is funded by Development Impact Fees, Street Improvements. Adequate funds are available for the subject Project Study Repod for the agreement amount of $63,208.00 in Account No. 210-165-662-5802. The Santiago Road/I 15 Interchange Feasibility Study is funded by Development Impact Fees, Public Facilities and Street Improvements. Adequate funds are available for the subject feasibility study for the agreement amount of $23,568.00 in Account No. 210-165-652-5802. 1 R:~AGDRPT%99\0727\SR79SAGRMT.DOC ATTACHMENTS: Agreement 2 R:~AGDRPT~99~727~SR79SAGRMT.DOC CITY OF TEMECULA AGREEMENT PROFESSIONAL ENGINEERING SERVICES FOR 1-15/SR79 SOUTH INTERCHANGE, PROJECT STUDY REPORT PROJECT NO. PW96-05 AND 1-15/SANTIAGO ROAD, NEW CONNECTION CONCEPT ANALYSIS PROJECT NO. PW99-03 THIS AGREEMENT, is made and effective as of July 27 1999, between the City of Temecula, a municipal corporation ("City") and Robert Bein, William Frost & Associates, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 27, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 27, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set fodh in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Eighty Six Thousand Seven Hundred Seventy Six Dollars and No Cents ($86,776.00) 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. r:\cip~projects~pw96~pw96-O5~rbfagrmt/ajp 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. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fled and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. r:',cip~projects\pw96~w96-05\rbfagrmt/ajp b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attomey 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 adsing out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 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 project/location or the general aggregate limit shall be twice the required occurrence limit. r:~cip~projects~pw96~w96-05~rbfagrmt/ajp (2) (s) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 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: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. r:\cip~rojects~pw96~w96-05\rbfagrmt/ajp e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera.qe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. 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 fodh in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed 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 5 r:\cip~projects~pw96~pw96-05\rbfagrmt/ajp to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: 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 Robert Bein, William Frost & Associates P.O. Box 57057 Irvine, California 92619-7057 Attention: Gary L. Warkentin 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Gary L. Warkentin, Vice President shall perform the services described in this Agreement. Gary L. Warkentin 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 Gary L. Warkentin 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 Califomia shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this 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. r:~cip%projects%pw96~pw96-05~rbfagrmt/ajp 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Steven J. Ford, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Robed Bein, William Frost & Associates P.O. Box 57057 Anaheim, CA 92619-7057 (949-472-3505 Gary L. Warkentin, Vice President By: Name: Title: (Signatures of two corporate officers required for Corporations) r:\cip~projects~pw96~pw96-05~rbfagrmt/ajp EXHIBIT A TASKS TO BE PERFORMED r:\cip~projects~pw96~pw96-05~rbfagrmt/ajp ROBERT BEIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS June 23,1999 JN10-032637 Mr. Amer Attar Senior Engineer CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 Subject: 1-15/SR-79 South Interchange Project Study Report (PSR) and 1-15/Santiago Road New Connection Concept Analysis Dear Amer: In accordance with your request, Robert Bein, William Frost & Associates (RBF) is pleased to submit this revised proposal to provide Professional Transportation Planning and Engineering Services for circulation improvements in the City of Temecula. We have identified two specific objectives in our proposed Work Program. The first objective is to complete the Draft 1-15/SR-79 South PSR and obtain Caltrans and FHWA approval of future interchange improvements. The second objective is to determine the potential benefits of a new connection to 1-15 at the existing Santiago Road Overcrossing. To accomplish these objectives we have structured our proposed Work Program in three phases. Phase One will be a Traffic Operational Analysis of 1-15/SR-789 South for the design year 2025 based upon the City of Temecula Traffic Model prepared by Wilbur Smith Associates. This analysis will be prepared for two scenarios: with and without 1-15 ramp connections to Santiago Road. Phase Two outlines the specific tasks that will be undertaken to complete and obtain Caltrans approval of the SR-79 South/I-15 Interchange PSR. Phase Three outlines the tasks that will be undertaken to conduct a feasibility assessment of potential ramp connections at the Santiago Road/I-15 Overcrossing. Professional Service Since 1944 14725 ALTON PARKWAY, IRVINE, CA 92618-2069 · P.O. BOX 57057, IRVINE, CA 92619-7057 · 949.472.3505 · FAX 949.472.8373 OFFICES LOCATED THROUGHOUT CALIFORNIA, ARIZONA AND NEVADA · WEB SITE: www. rbf.com Mr. Amer Attar June 23, 1999 Page 2 WORK PROGRAM Phase One - Traffic Operational Analysis 1.1 Traffic Projections - New traffic projections will be prepared for the year 2025 by Wilbur Smith Associates as a subconsultant to RBF. This information will include AM and PM peak hour turning volumes for the year 2025 for the SR-79 South/I-15 ramp intersections both with and without ramp connections at Santiago Road. 1.2 Traffic Operational Analysis - Based upon AM and PM peak hour traffic projections for the year 2025, RBF will prepare new HCM intersection analysis for a fifth alternative interchange improvement concept. This concept will eliminate the existing southbound 1-15 off-ramp to SR-79 South. In addition, work in this task will include preparation of new traffic exhibits for inclusion in the PSR. Based upon our June 17, 1999, meeting with Caltrans and FHWA, revised traffic operational analysis will not be required for the previously rejected alternatives. Phase Two - SR-79 South / 1-15 Project Study Report 2.1 Preliminary Interchange Geometry - A new alternative interchange concept (Alternative 5) will be prepared assuming that the additional traffic analysis prepared under Task 1.2 indicates that it will operate at an acceptable LOS, (LOS D or better). The new alternative will illustrate potential changes to the proposed interchange geometry including: 1. Revised cross section on SR-79 2. Revised cross section on Front Street 3. Revised southbound 1-15 auxiliary lane 4. Revised northbound 1-15 ramp geometrics 5. Revised Bridge Advance Planning Study 6. Revised Right of Way Analysis The proposed geometric plan for the recommended interchange concept will be submitted to the City and Caltrans for review and comments before proceeding with preparation of the revised Project Study Report. 2.2 Preliminary Cost Estimate - A revised preliminary cost estimate will be prepared based upon Alternative 5. JN 10-032637 Mr. Amer Attar June 23, 1999 Page 3 2.3 Draft Project Study Report - The Draft Project Study Report will be revised to include a discussion of Alternative 5 and the new supporting traffic analysis. Previous Caltrans comments on the Draft PSR which are still applicable will be incorporated in the revised PSR. This task includes preparation and processing of Fact Sheets for Deviations from Mandatory and Advisory Design Standards. 2.4 Circulate Draft PSR - The Draft PSR will be circulated for oversight review comments. Caltrans will circulate internally for functional group review and comments. The PSR will also be circulated to the PDT and other affected agencies. 2.5 Final PSR - RBF will provide project team coordination during the review and approval process for the PSR. Comments will be addressed and revisions made as appropriate. 2.6 Modified Access Report - Prepare a Modified Access Report in accordance with Caltrans Chapter 27, Article 5 of the Project Development Procedures Manual which will include the following sections: Consideration of Alternatives Interchange Spacing Safety and Operation Analysis Connection to Public Road Local Planning Coordination with Development The report will be prepared concurrently with the Final PSR and processed with Caltrans for conceptual approval by FHWA. 2.7 Meeting Attendance - Attend six (6) meetings during the implementation of this phase of the work program and provide consultation to the City. 2.8 Project Management - This task includes budget for overall project management, liaison with affected agencies, PDT leadership and management, progress monitoring and maintenance of project files. · Agency Liaison A number of agencies, organizations and consultants are involved in this project. An important consideration is to assure liaison with the key players for the project. RBF will lead the PDT's effort and interface with organizations and other firms. A budget for meetings with City staff has been included in this task. Meeting schedules will be combined to allow a single meeting for multiple purposes. JN 10-032637 Mr. Amer Attar June 23, 1999 Page 4 Project Development Team (PDT) Meetings RBF will be a member of and attend monthly meetings of the PDT. The PDT will guide the study in accordance with the Caltrans Project Development Procedures Manual. RBF will arrange meetings, provide discussion materials and agendas and develop and distribute meeting notes. Progress Reports Monthly progress reports will be prepared to document progress on the project. The report will consist of the following: · Work accomplished during the reporting period · Work anticipated during the next reporting period · Issues · Impacts · Progress Schedule 2.9 Approved PSR - Obtain Caltrans approval for Final PSR with Caltrans and reproduce copies of approved and signed PSR. Phase 3 - Santiago Road/I-15 Interchange Feasibility Assessment 3.1 Base Data/Field Review - This task will include a reconnaissance of 1-15, existing development and local circulation system in the vicinity of the 1-15/Santiago Road Overcrossing. Photographs from the field reconnaissance will be assembled. Review relevant sections of City's General Plan and recent Circulation Element update. 3.2 Base Mapping - Establish survey ground control for aerial photograph. Prepare aerial photographic base map at an approximate scale of 1:1000 of the 1-15 Corridor from Rancho California Road to SR-79 South. 3.3 Conceptual Engineering Studies - Conceptual Engineering Studies will be undertaken which will primarily focus on the physical characteristics of the project area. The constraints of the project site will be identified and located. The anticipated engineering features, design footprint, and standards for two (2) interchange concepts will be developed at a metric scale of 1:1000 based upon applicable Caltrans, City, County, and AASHTO standards. These alternatives are anticipated to include a median HOV ramp concept and a collector/distributor road diamond interchange concept. 3.4 Technical Memorandum and Concept Presentation - Prepare a technical memorandum which summarizes the opportunities and constraints associated with the interchange concept prepared in Task 3.3. A rough order of magnitude construction cost estimate will be prepared along with project development requirements, schedule and costs. # JN 10-032637 Mr. Amer Attar June 23, 1999 Page 5 3.5 Meeting Attendance - RBF will attend up to four (4) meetings during Phase 3 of the Work Program. We look forward to working with you on this project and are optimistic about gaining Caltrans' approval of the proposed 1-15/SR-79 South interchange improvements based upon the revised traffic projections. Thank you for providing us the opportunity to submit our proposal on this project. If you have any questions regarding our proposed project approach or budget, please call me at (949) 855- 3625. Sincerely, Vice President Transportation Planning co: Bill Hughes, City of Temecula Ward Maxwell, City of Temecula G:\GRPl\PDATA\32637XOFFICE\WPWINXPSRIet.wpd JN 10-032637 EXHIBIT B PAYMENT RATES AND SCHEDULE r:~cip~projects~pw96~pw96-O5Vbfagrmt/ajp < ITEM 23 APPROVAE CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER _ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council ,,v,J~/~illiam G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 SUBJECT: Acceptance of Grant of Easement of Storm Drain Improvements for the First Street Bridge RECOMMENDATION: That the City Council adopts a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE BACKGROUND: The design of the First Street Bridge Extension is complete and it has been determined that a drainage pipe must be installed along the northerly side of First Street to collect and convey the runoff from the intersection of Front Street and First Street/Santiago Road in order to discharge the runoff into Mumeta Creek. The drainage structure will require that a small portion of the recently acquired Redevelopment Agency property be used for drainage purposes. It is recommended that the easement be accepted by the City Council and recorded to facilitate construction of the project. FISCALIMPACT: None ATTACHMENTS: 1. Resolution 99- 2. Grant of Easement r:\agdrpt\99/0727/firststreetstorm .esmt/ajp RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The legal description for the easement is set forth and depicted in Exhibit "A" attached hereto; WHEREAS, the City desires to accept the grants of easement to construct and maintain that portion of the First Street Bridge; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts Easement Deed for the storm drain improvements for the First Street Bridge, attached hereto as Exhibits "A" and "B", for the purposes stated therein. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of July 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC, City Clerk 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. 99- 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 July, 1999, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk r:\agdrpt\99/0727/firststreetstorm.esmt/ajp EXHIBIT LEGAL DESCRIPTION Fortner Property Page 1 of 1 IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE. CITY OF TEMECULA, BEING THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. PA93-0107, RECORDED AUGUST 26, 1993 AS INSTRUMENT NO. 334292 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1: THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, NORTH 45°29'22'' WEST 20.94 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 55.00 FEET. A RADIAL LINE TO SAID BEGINNING OF NON-TANGENT CURVE BEARS NORTH 47°50'18" WEST; THENCE EASTERLY ALONG SAID CURVE 23.86 FEET THROUGH A CENTRAL ANGLE OF 24°51 "24" TO THE SOUTHEASTERLY LINE OF SAID PARCEL 1, SAID POINT BEING THE CUSP OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID CUSP BEARS NORTH 64"34'07" WEST: THENCE SOUTHERLY ALONG SAID SOUTHEASTELRY LINE AND SAID CURVE 29.14 FEET THROUGH A CENTRAL ANGLE OF 33°23'32" TO THE POINT OF BEGINNING. CONTAINING 224 SQUARE FEET, MORE OR LESS. A MAP ENTITLED "EXHIBIT !" IS ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. BASIS OF BEARINGS: FIELD SURVEY BASED ON FIRST STREET WEST OF FRONT STREET BEARING NORTH 44°30'26'' EAST PER PM 7674 (86/50-51). NORRIS-REPKE, INC. 33055 VINO WAY TEMECULA, CA 92591 JN 92-03/4 ~.. '7No' C15446'~ ~ ,,. .-7-- \~-. -,, . NORRIS, P.E. C15446 REFERENCE FIRST AMERICAN TITLE CO. REPORT, ORDER # 2034432, DATED JUNE 22, 1995. September 23, 1996 A.P.N. 922-073o022 EXHi}IT CU,RVEE ;'~OlUS LENGTH C:ELTA :!; 55.00' 25.86' 24'51'24" '}2 S0.00' 2'9.14' 55'25'32" L!NEI Z'fRECTION ! DISTANCE L1 IN-'5'29'22" 'vV l 20.94' -_. ~PN c,_=8-073-088 t' ',,, · FIRST STREET GRAPHIC SCALE ,AREA: 224 S.F. _- 10.0051 AC)  , 5,0 i ?0 '~ ~1 E ("Prep~eci by f ( [.",' FEET ) ~ NC)R~IS--RtEPKF.INC. OWNEF: 'NILL!AM E. FORTNER AND D ;°E~"~';'%;~='vZ'27 ............... TEMECULA INVESTMENT CO, ~NC. :,/3 k d.N g2-OSj DRAWN PCM APP~. jPN ORDEP ~ 5034487 A.PN. :22-072-088 PCL. 1, LLA PA93-0107 INST,ff 334292, D,R. RIVERSIDE, CALIFORNIA CITY DF TEMECULA DATE 9-83-96 SCALE ~' = 50 BY NDRRIS-REPKE INC. E:\sdskproj\e203\dwg\jpn[ds.dwg EXEMPT RECORDING REQUESTED BY CITY OF TEMECULA PER GOVERNMENT CODE 6103 AND WHEN RECORDED MAIL TO City ofTemecula - City Clerk 43200 Business Park Drive P O Box 9033 Temecula CA 92589-9033 MAIL TAX STATEMENTS TO City of Temecula 43200 Business Park Drive P O Box 9033 Tem,ecula CA 92589-9033 EASEMENT DEED - DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TEMECULA REDEVELOPMENT AGENCY GRANTS to the CITY OF TEMECULA, a political subdivision, an easement for drainage purposes, including the construction and maintenance over, upon, across, and within real property in the City of Temecula, State of Califi3rnia, described as: See Attached Exhibit 'A" tbr Complete Description IN WITNESS THEREOF, these presents have executed this instrument this clay of , 1999 Print Name and Title STATE OF CALIFORNIA } SS. COUNTY OF RIVERSIDE} On , before me the undersigned, a Notary Pttblic in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be tile person(s) whose name(s) is/are subscribed to tile within instrument and acknowledged to me that he/she/they executed tile saute in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instam,cut the person(s), or the entity t,pon behalf of which tile person(s) acted, executed the instrument. WITNESS my hand and official seal. ITEM 24 ORDINANCE NO. 99-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0446 (ZONING AMENDMENT, MAP CHANGE), AMENDING THE CITY'S ZONING MAP, CHANGING THE ZONING OF 1.07 NET ACRES FROM LOW DENSITY RESIDENTIAL L1 (1 ACRE TO 2.5 ACRE NET LOT SIZE) TO LOW DENSITY RESIDENTIAL L2 (1/2 ACRE TO 1 ACRE NET LOT SIZE), ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD, AND KNOWN AS ASSESSOR'S PARCEL NUMBER 945-070-011 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Ching G. Lee filed Planning Application No. PA97-0446 in accordance with the City of Temecula General Plan and Development Code. Duly noticed public hearings have been conducted and closed by the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning laws of the State of California, and the City Code of the City of Temecula. The change to the land use district as recommended by PC Resolution No. 99-15 of the City of Temecula Planning Commission is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula. The City of Temecula Official Zoning Map is amended by placing in effect the zone as described in Planning Application No. PA97-0446 and as recommended by PC Resolution No. 99-15. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption. Section 4. Environmental Compliance. An Initial Environmental Study was prepared for this project which determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval. Any potentially significant impacts will be mitigated. Section 5. Posting. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of the 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. R:ords\99-18 1 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 27th day of July, 1999. ATTEST: Steven J. Ford, 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. 99-18 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of July, 1999, 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 27th day of July, 1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:ords\99-18 2 ITEM 25 ORDINANCE NO. 99-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA99-0104, AMENDMENT NO. 1 TO SPECIFIC PLAN NO. 263 (THE TEMECULA REGIONAL CENTER), AMENDING SECTION IV.E.4., TO ALLOW A 21- FOOT HIGH ENTERTAINMENT MARQUEE, ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-052, -053 AND -054 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application is hereby approved and ratified as follows: 4. Theaters and Special Event Facilities Identification and program information for theaters and special event facilities may be provided by theater monuments and/or marquee signs. These signs, if provided, shall consist of a permanent portion displaying the name of the theater, auditorium, hotel or special event facilities and, if desired, may also include a changeable section accommodating program information. These signs may be either attached directly to the building or erected as free-standing signs. These signs shall not extend above the height of the predominant roofline of the building if attached directly to the building. Freestanding theater marquee signs cannot exceed a maximum of twenty one feet (21') in height. These signs may be illuminated internally, however, the permanent portion must have an opaque background, with only the message portion illuminated, and setup for changeable letters. Section 2. The City Council in making a Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified under the provisions of the California Environmental Quality Act, specifically finds that the approval of this Specific Plan Amendment does not require further environmental analysis because pylon signage along Winchester Road at a maximum height of 36 feet was considered and approved under the Specific Plan. Section 3. 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. 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. Ords\99-19 1 Section 4. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 27th day of July, 1999. ATTEST: Steven J. Ford, 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. 99-19 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of July, 1999, 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 27th of July, 1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Ords\99-19 2 TEMECULA COMMUNITY SERVICES DISTRICT ITEM I APPROVAL ~ CI TY ATTORNEY DIRECTOR OF FINANCE GENERAL MANAGER CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: July 27, 1999 SUBJECT: Completion and Acceptance of the Community Recreation Center Gym Cooling System Project No. PW97-22CSD PREPARED BY:/kJ. JWilliam G. Hughes, Acting Director of Public Works/City Engineer RECOMMENDATION: That the City Council accept the construction of the Community Recreation Center Gym Cooling System Project No. PW97-22CSD) as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On Apdl 14, 1998, the Board of Directors awarded a contract for the construction of the Community Recreation Center Gym Cooling System Project No. PW97-22CSD), to 1st Mechanical, Inc. for $145,800.00. This project provided for the installation of air-conditioning, and temperature control system for the CRC Gymnasium. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Community Services. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The contract amount for this project was $145,800.00. Contract Change Order No. I was approved by the City Manager and Board of Directors in the amount amount of $2,227.00 for a total contract amount of $148,027.00. This project was funded through Developer Impact Fees- Public Facilities. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:~agdrptLqg\0727~pw97-22csd.jcd RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to 1"t Mechanical, Inc. to perform the following work of improvement: Community Recreation Center Gym Project Project No. PW97-22CSD 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 27, 1999. That upon said contract the United States Fidelity and Guaranty Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW 97- 22CSD. 6. The street address of said property is: 30875 Rancho Vista Road Dated at Temecula, California, this 27th day of July 1999. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 27th day of July 1999. Susan W. Jones CMC, City Clerk R:\cip\projects\pw97\pw97-19\completn.not/ajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW97-22CSD COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM' This is to certify that 1 s'C Nechanical , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW97-22CSD, COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM, situated in the City of Temecula, State of California, more particularly described as follows: COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description ,'~n~ Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. II CONTRACTOR RELEASE R-1 R:\CIP~PROJECTS~;x, N97~;N,197-22~ID-DOCS,'WPD Bond No. 40012005448985 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW97-22CSD COMMUNITY RECREA T/ON CENTER GYMNASIUM COOLING SYSTEM KNOW ALL PERSOISLS. BY THK_~E PRESENTS THAT: let Mechanical, Inc., 10457 Roselie Street, Suite K, San Diego, CA 92121 NAME AND ADDRESS OF CONTRACTOR Corporation {fill/n whether a Corporation, Partnership or individualJ , heroinafter called Principal, and United States Fidelity and Guaranty Company, 500 S. Kraemer Blvd., Suite 200, Brea CA 92821 NAME ,4NO ADDR~:SS OF SURETY heroinafter called SURETY. are held and firmly bound unto CITY OF TEMECULA. heroinafter called OWNER, in the penal sum of Fourteen ~aousaod Five Euadrect Eighty DOLLARS and NO CENTS {$ 14.580t~)0 } in lawful money of the United StaTes. said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract. for the payment of which, we bind ourselves, successors and as.signs. jointly and severa!ly, firmly by these i~raaents. THE CONDITION OF THIS OBUGATION is such treat whereas, the Principal entered into a certain Contract with the OWNER. dated the 14th day of April ,1998 . a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW97-22CSD, COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM. WHEREAS, said Contrac~ provides that the Principal will furnish a bond ccnditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER. against all defects in workmansl~il3 and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was approved on AuKust 3 . 1998 .. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if w/thin one year from the date of aplarovai of the said Contract. the worl< done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and tl~e carrying out of the terms' of said Contract, or it shall appear that defective materials were furnished thereunder. then :his obligation shall remain in full force anct virtue, otherwise this instrument shall be void. Signed and sealed this 14th day of May · 19_99. (Seal) UNITFj} STATES FIDELITY AND GUARANT~ COMi~ANY SURETY By: L ~, c.~ t /, ~ ~ c,~' ~ -- ~rgie Mini~ ~Name) Atto~ey-in-Fact (Title) APPROVED AS TO FORM: Peter M. Thorson. City Attorney 1ST MECHANICAL, INC. PRINCIPAL By: (Name) (Title) "· /' (Name)x (Title) MA;NTENANCE BOND M-2 R:~CrP'~RQ.ECT~il,~'31.2.:",BIO.COCS.wP~ STATE OF CALIFORNIA COUNTY OF Orange CALIFORNIA ALL-PURPOSE A C KN O WLEDG E ME NT On ~ay lz~, 1999 before me, DATE Leigh Christiansen, Hotary Pub]_ic NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, Hargie Miniurn personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/~.l¢ subscribed to the within instrument and acknowledged to me thatMel/she/ they executed the same in Itli~/her//tl~)r/authorized capacity(ies), and that by ~tJner/~elit signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ ~' ' '2~OTARY PUBLIC SIGNATGRE ~. 'k '~' ~ OPTIONAL INFORMATION " ,.Sl'Paul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelit)' and (;uarant> Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. Economy Fire & Casualty Company Power of Attorney No. 20096 Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws ot the State of New York. and that St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State ot Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin. and that Economy Fire & Casualty Company is a corporation duly organized under the laws of the State of Illinois d~erein collectively called the "Ct,npanies "~ and that the Compames do hereby make. constitute and appoint Mark D. Iatarola, Robert L. Fix, Margie Minium, Glenn Arakaki, Christa K. Arakaki and Charles L. Day of the City of Brea , state California . their true and lawfu Attorney s ~- n-F~ ct each in their separate capacity if more than one ~s named above. to sign its name as surety to. and to execute. seal alld acknowledge any and all bonds. undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any acreins or proceedings allowed by law'. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed this 17th day or' March 1999 Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company State o{ Mar,land City of Baltimore On this 17th day of United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. Economy Fire & Casualty Company MICHAEL B, KEEGAN. Vice MICHAEL R. MCKIBBEN. Assistant SecretaD, March 1999 , beti>re me. the undersigned officer. personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary.'. respectively. of Seaboard Surety Cotnpany. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company· Fidelity and Guaranty Insurance Underwriters, Inc.. and Economy Fire & Casualty Co~npanv and that thcv, as such. helm, ;mthnriTod ITEM 2 DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors ,~.Herman D. Parker, Director of Community Services July 27, 1999 Award Restroom Maintenance Services Contract for FY 1999-00 PREPARED BY: /'~Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: The Board of Directors: Award a twenty three (23) month contract to Self's Janitorial Service to provide park and facility restroom maintenance services in the amount not to exceed $38,880 for Fiscal Year 1999-00. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Park Restroom Maintenance Services in April 1999. The TCSD received six (6) proposals, which were evaluated to determine qualifications and to assess the competitiveness of their pricing. Self's Janitorial Service was determined to be the lowest qualified bidder for the required services. The contract will provide restroom maintenance services for existing City maintained restrooms and will allow the addition of future sites as they come on line during the term of the contract. FISCAL IMPACT: The amount of the contract for Self's Janitorial Service for FY 1999-00 is $38,880.00. Sufficient funds have been included in the TCSD and the Public Works Annual Operating Budgets for FY 1999-00 in accounts: 190-180-999-5250 001-164-603-5250 Attachments: 1 ) 2) Agreement Cost per Unit Comparison R:\HARRINGK\AGENDA.RPT\SELFS JAN[ SERV-99-00 CONTRACT.DOC Restroom Maintenance Contract Request for Proposal Results (Cost per Unit Comparison) Self's Janitorial A Woman's Touch Custom Service Systems Bechtel Property Management L & G Property Maintenance Barrera Janitorial 9210.00 9221.00 9290.00 9338.00 9576.33 9694.00 R:\HARRINGK\AGENDA.RPT\SELFS JANI SERV-99-00 CONTRACT. DOC CITY OF TEMECULA AGREEMENT FOR PROFESSIONAL SERVICES RESTROOM MAINTENANCE THIS AGREEMENT, is made and effective as of July 27 ,1999, between the Temecula Community Services District, a municipal corporation ("City") and Self's Janitorial Service ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on August 1, 1999, and shall remain and continue in effect until June 30 ,2001, with two (2) one year renewals at the sole option of the City, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule attached hereto and incorporated herein by this reference as though set forth in full, based upon actual services performed. Any terms in Exhibit B other than the payment rates and the schedule of payment are null and void. This amount shall not exceed Eighty Thousand Two Hundred Ei.qhtV Dollars and No Cents ($ 80,280.00 ) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Contractor 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. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor 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 Board of Directors. c. Contractor 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 Contractor's fees it shall give written notice to Contractor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\HARRINGK~AGREEMNT~SelPs Janitorial 6-99.doc 1 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONTRACTOR. a. The Contractors failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor"s control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Contractor 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. Contractor 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. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files 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 Contractor. R:\HARRINGK~AGREEMNT~Self's Janitorial 6-99.doc 2 With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, 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 Contractors negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. 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: 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 Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor 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 project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. R:\HARRINGK~GREEMNT~Self's Janitorial 6o99.doc 3 (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before R:\HARRINGK~AGREEMN'RSelf'S Janitorial 6-99.doc 4 work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, 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 Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides R:\HARRINGK~AGREEMNT~Self's Janitorial 6-99.doc 5 a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Self's Janitorial Service 332 W. 2"d Street Perris, CA 92370 14. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor'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 Contractor. 15. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with 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. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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 AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R:\HARRINGK~AGREEMNT~Se~fs Janitorial 6-99.doc 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR By: Name: Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) R:\HARRINGK~GREEMNT~SelI's Janitorial 6-99.doc 7 EXHIBIT A TASKS TO BE PERFORMED SCOPE OF WORK Lock all facilities between 10:00 PM - 11:00 PM Clean and stock all facilities between the hours of 10:00PM and 6:00AM. Record and submit daily maintenance activities, vandalism, and graffiti on Restroom Maintenance Checklist (Exhibit E) form to the City's Maintenance Supervisor or other designated person. Keep and provide records as required by City representative. Provide all necessary equipment, tools, chemicals, supplies, etc. necessary to perform specified work. City to provide all paper products (toilet paper, seat covers, paper towels). Submit request for products weekly. Perform all activities in a safe manner per OSHA's requirements, utilizing all personal safety items required to prevent accidents, illness or injury to maintenance personnel and the public. SPECIFICATIONS FOR CLEANING AND STOCKING FACILITY * Sweep restrooms and remove litter from interior and exterior of building (6' walkway around restroom building). * Empty interior trash containers and replace liners (washout containers and clean receptacles). * Scrub and sanitize toilets and lavatories. * Wipe down all fixtures, removing water, dirt, stains and any other incongruous substance. ** Wash (hose out) floors. Squeegee excess water out of building and off of hardscape. Remove any paper or other trash accumulated from this procedure. * Remove dirt, stains, or other debris on wall, ceilings, and light fixtures. * Stock all toilet paper, or other paper products. All dispenser to be filled daily. * Remove minor graffiti from building interior. Record on report form both graffiti removed, as well as graffiti that you were unable to remove. *** Pressure wash floors al3d walls. FREQUENCY: * Items to be performed daily. (Monday through Sunday) ** Items to be performed Mondays and Fridays *** Items to be performed monthly. NOTE: The specifications are minimum requirements for the maintenance of City restroom facilities. The restrooms shall be maintained in a neat, clean, and sanitary condition on a daily basis. Some situations may require additional work to be performed to insure the health and safety of the public. No additional compensation will be given for such work. No unsafe condition shall be left without notification of City's authorized representative. R:\HARRINGK~AGREEMNT~Self's Janitorial 6-99.doc 8 EXHIBIT B PAYMENT RATES AND SCHEDULE SITE Sam Hicks Monument Park Butterfield Stage Park Winchester Creek Park Rancho California Sports Park (Rancho Vista fields) Rancho California Sports Park (North/South Fields) Rancho California Sports Park (Skate Park) Paloma Del Sol Park Kent Hintergardt Memorial Park Pala Community Park Margarita Community Park 6th Street Parking Lot Temecula Elementary School Pool PRICE PER PRICE PER ADDRESS MONTH YEAR 41970 Moreno Road $210.00 $2,520.00 33654 De Portola Road $210.00 $2,520.00 39950 Margarita Road $210.00 $2,520.00 30875 Rancho Vista Rd $210.00 $2,520.00 42775 Margarita Road $210.00 $2,520.00 42569 Margarita Road $210.00 $2,520.00 32099 De Portola Road $210.00 $2,520.00 31465 Via Cordoba $210.00 $2,520.00 44900 Temecula Lane $210.00 $2,520.00 29119 Margarita Road $210.00 $2,520.00 41952 Front Street $210.00 $2,520.00 41951 Moraga Road $210.00 $2,520.00 TOTAL PRICE $2,520.00 $30,240.00 ADDITIONAL SITES TO BE ADDED DURING THE TERM OF THE CONTRACT Temecula Duck Pond Temecula Valley High School Restroom Temeku Hills Sports Park (2 restrooms) ADDRESS 28250 Rancho Calif. Rd. 31555 Rancho Vista Rd. La Serena & Meadows TOTAL PRICE ADDITIONAL SERVICES SCOPE OF WORK Butterfield Stage Park Maintain holding tank per manufacturer, Clivus Multrum, Inc., see Exhibit D PRICE PER PRICE PER MONTH YEAR $210.00 $2,520.00 $210.00 $2,520.00 $420.00 $5,040.00 $840,00 $10,080.00 PRICE PER PRICE PER MONTH YEAR $90.00 $1,080.00 TOTAL PRICE $3,450.00 $41,400.00 Payments shall be made monthly for actual services performed in the amount not to exceed: $3,450.00 R:\HARRINGK~AGREEMNT~Selrs Janitorial 6-99.doc 9 ITEM 3 · jauuew Alaw!~ e u! pjeNuoj 6U!AOLU s)oerojd dID Jeqlo 6u!dee~ al!q~ 'au!lew!~ e uo Apn~s A~!l!q!seaJ aq~ 6u!~!padxa u! )s!sse II!N~ seeJe pauo!~uaw a^oqe eq~ u! es!~Jadxe q~!~A LUJg e Jo uo!pales eq,L 's~oe[oJd dID 0~ Alalew!xoJdde 6u!aasJeAo Al~ueJJno s! OSOJ_ eq~ 'uo!~!ppe ul 'suoo pue soJd IleJaAo eql jo uo!u!do )uepuadepu! us aAeq o~ lue~odw! s! ~! 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J~e~S · X~adojd xaldLuoO s~odS ~sa~Aq~oN aq~ Is ~Jed s~ods e 6u!dolaAap Jo Al!l!q!seaJ eq~ 6u!u!Luja~ap passnos!p osle I!ounoO A~!O aq,L 'xalduJoO s~odS sLueeJO en6eeq 6!8 aq~ Jo ~uaLudolaAep aq~ 6u!pje6aJ ~J!~JaPO ~o!~ 'JW q~!~A en6ole!p e uedo o~ ~e)s JoJ UO!~OLU e peAojdde I!ounoO A~!O eq~ LueJ6oJd ~UaLUeAOJdLUl leHdeO aq~ 6u!pJe6aJ 6u!laaLu I!ounoO AID '666~ '6~ aunt aq~ ~V :ONRO~O)4OV8 'aa;;!wLuoo -qns xaldLuoo spods e uo eAJes o~ sJo}oaJ!O Jo pJeo8 eql Jo sjaquJeLu (~) OAA; lu!oddV · xelduJoo s~ods e jo ~ueLudolaAep aq~ JoJ Apn;s A~!l!q!seaJ e JoJ suJjg pag!lenb o~ (~)J~) suo!leo~J!lenO Joj ~senba~ e Jo asealaJ aq~ aAoJddV :sJo}oaJ!O Jo pJSO8 aq~ ~sql :NOI/VON:!iNINO3::I~ seo!AJeS A)!unwwoO Jo Jo}oeJ!C] 'Je~Jed 'O ueu-ueH :AS O::l~lVd:::ll:ld :.l.O:ll'8flS ::I.LVO :INO~-I :O.L ± ~ ~I39VNVIAI AIIO ' 103~110 :IONVNId ~I~A~O~dAd%N~IOIIV AJ. IO repayment issues, demographics, toudsm, and the overall economic impacts to the community. This study will also address environmental impacts to include a site analysis that addresses geological land issues, general plan, site drainage, and flood plain considerations. In addition, the study will consider the overall recreational needs of the City related to the development of the sports ball fields at City build out and on-going maintenance and operations issues. The RFQ for the feasibility study is proposed to be mailed on July 29, 1999 with a retum date of August 20, 1999. Although the attached RFQ and process is recommended as an altemative, if the City Council does not wish to explore the City operated facility and wishes to consider the Big League Dreams proposal exclusively, staff would still recommend the City Council consider a consultant to perform the feasibility study. Staff would then modify the verbiage in the attached RFQ before distributing it to qualified firms. The recommendation also requests that the Board of Directors appoint two (2) Board Members to serve on a sub-committee to assist in the evaluation of Statement of Qualifications. The sub- committee would also serve and assist at workshops during the design phase of the project. FISCAL IMPACT: for a sports complex. $65,000 has been set aside in the CIP to perform the feasibility study ATTACHMENTS: - Request For Qualifications - Preparation of a Feasibility Study for the design, construction, operation and maintenance of a Sports Complex \\TEMEC_FS201 ~DATA~DEPTS\CSD~IGLERG\REPORT\Sports Complex Study. BOD2.doc CITY OF TEMECULA REQUEST FOR QUALIFICATIONS Preparation of a Feasibility Study for the design, construction, operation and maintenance of a Sports Complex Submittal Date: 4:00 P.M. August 20, 1999 CITY OF TEMECULA REQUEST FOR QUALIFICATIONS FEASIBILITY STUDY FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A SPORTS COMPLEX L PURPOSE The City of Temecula Community Services District, hereinafter referred to as the "TCSD," is requesting Statements of Qualifications from qualified firms experienced in the completion of feasibility studies addressing the design, construction, operations and maintenance of sports complexes. The City currently owns approximately 32 acres of undeveloped land that may be used for a baseball/sot'tball and soccer complex. It is the TCSD's intent to select a qualified consulting firm to thoroughly evaluate the following areas: Economic Impacts The analysis will include an evaluation of a City regional park facility versus a privately developed and operated sports complex on City property. The analysis of a private venture should address the potential revenue stream to the City from such a partnership. The economic impacts to be considered in both scenarios will include, but are not limited to the economic viability, the effect on tourisrn, demographics, projected attendance, revenue generation versus cost, land acquisition repayment, alcohol versus non-alcohol sales, a pay-for-play versus non pay-for-play facility, need/benefit of a restaurant and/or sporting goods shop, and impacts to existing City recreational programs. Site Analysis and Environmental Impacts The study will need to explore all of the opportunities and constraints of the proposed site, including but not limited to geological, land use, general plan, specific plan, site drainage, seismic and flood plain considerations. These considerations will include, but not be limited to, the costs to prepare the site for construction, ie: raising the site out of the flood plain, roadway and utility needs, etc.. The study will also need to address the potential impacts of the proposed recreational facility as it relates to all environmental considerations including but not limited to traffic, noise, and lights. Recreational Needs Analysis The feasibility study should consider the ultimate number of baseball, sof~ball, and soccer fields needed by the City at build out. Consultant should address how the proposed facility would impact current and future recreational needs in the City and market demand. The study should also analyze the need for and benefits from other potential recreational facilities that might be included as part of the complex. Operational and Maintenance Alternatives The feasibility study should consider the alternatives of the City operating the facility or entering into a public/private partnership with a private firm to operate and maintain the facility. R:XRUSE~ complex feasibility smdy.ffq.doc Evaluation of Proposals The selected consultant would be expected to assist the City in the review and evaluation of Statements of Qualifications submitted to the City by sports complex developer/operators. H. EVALUATION CRITERIA Statements of Qualifications will be evaluated for completeness. Incomplete statements or failure to address all items requested will result in disqualification from consideration. · Qualifications of key personnel likely to be assigned to the project. · Experience in providing sporting facilities feasibility study services. · Experience in preparing economic impact analysis. · Experience in analyzing public/private partnerships. · Experience in site and environmental impact analysis. · Experience in working with governmental agencies in the analysis of entrepreneurial ventures. HI. STATEMENT OF QUALIFICATIONS Firms who wish to be considered for this project must submit the following information: · Firm name and year established. · Business address and telephone number. · Qualifications of key personnel to be assigned to the work in the form of a resume including names, professional registrations, responsibilities, knowledge of large private and public recreational sporting facilities, public/private partnerships, environmental concerns and constraints, experience in preparing in-depth feasibility studies comparing alternative methods of construction and operations, experience in analyzing operating revenue/cost projections and experience in evaluating current and future community recreational needs. · Client references which include at least two (2) governmental agencies for whom similar services have been provided. The submittal shall be signed by an authorized official of the consultant's firm. The submittal shall be valid for a minimum of 90 days. R:~.USEPIFP~r~ gomplcx feaibiiRy study.rfq. doc IV. LEGAL REQUIREMENTS · The consultant's submittal, this RFQ, and all subsequent modifications to either document will be included as appendices to the final contract. · The consultant shall not assign, transfer, convey, or otherwise dispose of his contract or his rights, rifle or interest in or to the same without previous written consent of the TCSD. The consultant agrees to hold the TCSD harmless from any and all liability or loss resuking from any suits, claims or actions brought against the TCSD, which result directly or indirectly from the wrongful or negligent actions of the consukant in the performance of the contact. At the time of execution of the contract, the consultant will be required to carry general liability, automobile liability insurance including owned, hired and non-owned vehicles, and professional liability insurance as described in Exhibit "A." Said insurance policies shall name the City as an additional insured with respect to all activities arising out of the performance of the consultant's services. Certificates of insurance and endorsements evidencing the required coverages shall be provided upon execution of the contract. Such certificates shall afford the City thirty (30) days written notice of cancellation or of a material change in coverage. · Consultant is required to comply with all existing State and Federal labor laws. V. GENERAL INFORMATION · The TCSD will not reimburse firms for any costs associated with the preparation and or/submission of this RFQ. · This RFQ does not obligate the TCSD to accept or contract for any expressed or implied services. · All information contained in the responses to this RFQ shall become public records upon award of a contract to the successful firm; until such award, all responses shall remain confidential. · The TCSD will negotiate with the firm determined to be the most qualified to provide the needed services. The firm will be requested to submit a formal cost proposal for services at that time. · The TCSD reserves the right to award contracts to one or more qualified firms and to distribute work among the successful firms as best meets the needs of the TCSD. The TCSD reserves the right to reject any or all submittals. The TCSD further reserves the right to negotiate the specific requirements, scope of work, and compensation and to enter into a contract for any or all of the phases of the project as may be mutually agreed upon by the parties. · The terms and scope of the contract will be determined on the basis of professional negotiations R:XRUSE~ complex feasibility study. rfq. doc between the TCSD and the prospective consultant. If the TCSD and the prospective consultant fail to reach a contractual agreement, the TCSD reserves the right to negotiate with any other fmalist. Please refer all questions regarding this Request for Qualifications to Herman D. Parker, Director of Community Services or Phyllis L. Ruse, Deputy Director of Community Services at (909) 694- 6480. Six (6) copies of the submittal must be received no later than 4:00 o.m. on Ffidav, August 20, 1999 at: Via U.S. Mail: City of Temecula Office of the City Clerk P.O. Box 9033 Temecula, CA 92589-9033 Courier Service and Walk-In Delivery: City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 Please clearly mark the submittal package: "Statement of Qualifications for Feasibility Study for the design, construction, and operation of a Sports Complex". No amendments, additions, or alterations will be accepted after the submission deadline stated above. Proposals and documents submitted shall become the property of the City of Temecula. SELECTION CRITERIA The TCSD plans to consider each ~rm's experience with similar projects, the qualifications and number of staff available for the assignment, the experience of outside consultants and associates to be retained, the ~rm's willingness and demonstrated ability to meet deadlines, the firm's demonstrated ability to complete projects on or under budget, and other areas pertinent to the project. A Selection Committee will review the proposals submitted and request an interview with the top- ranked firm or firms. Following interviews, the TCSD reserves the right to negotiate terms and scope of work with the highest ranked firm. If an agreement cannot be negotiated, the TCSD reserves the fight to negotiate with any other finalist. R:XRUSEI}~'~a~Ix~ oompl~x feasibility study. rfq. do~ CITY OF TEMECULA INSURANCE PROVISIONS EXHIBIT A Consultant shall maintain in full force, during the term of the service contract, limits of insurance, no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Worker's Compensation and Employer's Liability: Worker's Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. It is the Consultant's responsibility to notify the City if there are any changes in insurance provisions that would impact the above requirements. Insurance carrier(s) shall be admitted to do business in the State of California and shall have a Best rating of no less than A:VII. R:XRUSE~ c~plex feasibility smdy.ffq. doc ITEM 4 APPROVA / CiTY ATTORNEY ~'~)~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors t~--L-~)Herman D. Parker, Director of Community Services July 27, 1999 Children's Museum Request for Qualifications and Sub-Committee PREPARED BY: Herman D. Parker, Director of Community Services RECOMMENDATION: That the Board of Directors: Approve the release of a Request for Qualifications (RFQ) to qualified firms for a feasibility study regarding the development of a local children's museum. Appoint two (2) members of the Board of Directors to serve on a children's museum sub- committee. BACKGROUND: At the July 13, 1999, City Council meeting the City Council considered and approved the 5 year Capital Improvement Program (CIP) for Fiscal Years 1999-2004. The CIP program included a project for the development of a children's museum. Staff has included funding in this project for a feasibility study, design of the fadlity, design of exhibits and construction. The selection of a qualified professional firm with expertise in the areas mentioned, will greatly assist staff in continuing to move other CIP projects forward in a timely manner. Attached for your review and approval is a Request For Qualifications that staff proposes to mail to qualified firms requesting a Statement of Qualification to prepare a feasibility study regarding the development of a children's museum. The study will address the appropriate location and size of a children's museum, whether there is a need for a children's museum in the community, and the economic impads of such a facility. The study will also analyze ongoing maintenance and operation of the fadlity, and whether operations should be handled by the City or a non-profit organization. Staff is requesting that the Board of Directors also appoint two members to serve on a sub-committee that will review Statements of Qualifications and partialpate in design workshops once the design process begins. It would be staff's intent to distribute by mail the RFQ by July 29, 1999, and due to the City by Friday, August 20, 1999. R:~ZIGLERG~REPOR~Children's Museum Study. BOD.doc FISCAL IMPACT: $25,000 has been set aside in the CIP to perform the feasibility study. ATTACHEMENT: Request for Qualifications - Preparation of a Feasibility Study for the development of a local Children's Museum R:~IGLERG~REPOR'r~Children's Museum Study. BOD.doc CITY OF TEMECULA REQUEST FOR QUALIFICATIONS Preparation of a Feasibility Study for the development of a local Children's Museum Submittal Date: 4:00 P.M. August 20, 1999 CITY OF TEMECULA REQUEST FOR QUALIFICATIONS FOR CHILDREN'S MUSEUM FEASIBILITY STUDY L PURPOSE The City of Temecula Community Services District, hereinafter referred to as the "TCSD," is requesting Statements of Qualifications from qualified finns experienced in the completion of feasibility studies addressing the economic factors, location, size, and operations and maintenance of children's museum and/or similar facilities. The City is currently nearing the completion of a historical museum in its Old Town area. The site upon which the facility is located provides for an additional building wing or another freestanding facility. It is the TCSD's intent to select a qualified consulting firm to thoroughly evaluate the following areas: Location and Size The analysis will include an evaluation of all available potential locations. The study should take into account any potential compliments the historical and children' s museums might lend to one another and any potential economies of scale for operations and maintenance. It should address the optimum size and type of exhibits for a children's museum for a community of the City' s size and ultimate population at build out. Economic Impacts The analysis will include an evaluation of a City operated facility versus a City-owned facility operated by a private non-profit organization. This should include an analysis of operating cost/revenue projections. The analysis of a private venture should address any potential revenue stream or operating subsidy to the City from such a partnership. The report should also consider the effects of the facility on local tourism. Cultural Needs Analysis The feasibility study should address how the proposed facility would best compliment current and future cultural awareness as outlined in our Cultural Arts Master Plan, and educational and recreational needs in the City. IL EVALUATION CRITERIA Statements of Qualifications will be evaluated for completeness. Incomplete statements or failure to address all items requested will result in disqualification from consideration. · Qualifications of key personnel likely to be assigned to the project. · Experience in providing feasibility study services for similar projects. · Experience in preparing economic impact analyses. R:XRUSEP~.FPXchildren's museum feasibility smdy. ffq2.doe · Experience in analyzing public/private partnerships. · Experience in site and sizing analysis. STATEMENT OF QUALWICATIONS Firms who wish to be considered for this project must submit the following information: · Firm name and year established. · Business address and telephone number. Qualifications of key personnel to be assigned to the work in the form of a resume including names, professional registrations, responsibilities, knowledge of children's museums or similar facilities, their operations, impacts on tourism, cultural awareness, and educational and recreational needs, experience in preparing feasibility studies comparing alternative methods of operations and maintenance, experience in analyzing operating revenue/cost projections and experience in evaluating current and future community recreational and cultural needs. · Client references which include at least two (2) governmental agencies for whom similar services have been provided. · The submittal shall be signed by an authorized official of the consultant's firm. · The submittal shall be valid for a minimum of 90 days. IV. LEGAL REQUIREMENTS · The consultant's submittal, this RFQ, and all subsequent modifications to either document will be included as appendices to the final contract. · The consultant shall not assign, transfer, convey, or otherwise dispose of his contract or his rights, title or interest in or to the same without previous written consent of the TCSD. The consultant agrees to hold the TCSD and City harmless from any and all liability or loss resulting from any suits, claims or actions brought against the TCSD and City, which result directly or indirectly from the wrongful or negligent actions of the consultant in the performance of the contact. At the time of execution of the contract, the consultant will be required to carry general liability, automobile liability insurance including owned, hired and non-owned vehicles, and professional liability insurance as described in Exhibit "A." Said insurance policies shall name the TCSD and RARUSEPLRFI~hildreffs museum feasibility study.rfq2.doe City as an additional insured with respect to all activities arising out of the performance of the consultant's services. Certificates of insurance and endorsements evidencing the required coverages shall be provided upon execution of the contract. Such certificates shall afford the TCSD and City thirty (30) days written notice of cancellation or of a material change in coverage. · Consultant is required to comply with all existing State and Federal labor laws. V. GENERAL INFORMATION · The TCSD will not reimburse firms for any costs associated with the preparation and or/submission of this RFQ. · This RFQ does not obligate the TCSD to accept or contract for any expressed or implied services. · All information contained in the responses to this RFQ shall become public records upon award of a contract to the successful firm; until such award, all responses shall remain confidential. · The TCSD will negotiate with the firm determined to be the most qualified to provide the needed services. The firm will be requested to submit a formal cost proposal for services at that time. · The TCSD reserves the right to award contracts to one or more qualified firms and to distribute work among the successful firms as best meets the needs of the TCSD. The TCSD reserves the right to reject any or all submittals. The TCSD further reserves the right to negotiate the specific requirements, scope of work, and compensation and to enter into a contract for any or all of the phases of the project as may be mutually agreed upon by the paxties. The terms and scope of the contract will be determined on the basis of professional negotiations between the TCSD and the prospective consultant. If the TCSD and the prospective consultant fail to reach a contractual agreement, the TCSD reserves the right to negotiate with any other finalist. Please refer all questions regarding this Request for Qualifications to Herman D. Parker, Director of Community Services or Phyllis L. Ruse, Deputy Director of Community Services at (909) 694-6480. R:~RUSEPLRFPN~aild~en's museum feasibility study.ffq2.doc Six (6) copies of the submittal must be received no later than 4:00 o.m. on Friday, Aupust 20, 1999 at: Via U.S. Mail: City of Temecula Office of the City Clerk P.O. Box 9033 Temecula, CA 92589-9033 Courier Service and Walk-In Delivery: City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 Please clearly mark the submittal package: "Statement of Qualifications for Children's Museum Feasibility Study". No amendments, additions, or alterations will be accepted after the submission deadline stated above. Proposals and documents submitted shall become the property of the City of Temecula. SELECTION CRITERIA The TCSD plans to consider each ~nn's experience with similar projects, the qualifications and number of staff available for the assignment, the experience of outside consultants and associates to be retained, the ~nn's willingness and demonstrated ability to meet deadlines, the ~rm's demonstrated ability to complete projects on or under budget, and other areas pertinent to the project. A Selection Committee will review the proposals submitted and request an interview with the top- ranked firm or rims. Following interviews, the TCSD reserves the fight to negotiate terms and scope of work with the highest ranked firm. If an agreement cannot be negotiated, the TCSD reserves the right to negotiate with any other finalist. R:XRUSE~ldren's museum feasibility study. rfq2.doc CITY OF TEMECULA INSURANCE PROVISIONS EXHIBIT A Consultant shall maintain in full force, during the term of the service contract, limits of insurance, no less than: 1. , , General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers Compensation and Employer's Liability: Workers Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. Errors and Omissions Insurance: $1,000,000 per occurrence. It is the Consultant's responsibility to notify the City if there are any changes in insurance provisions that would impact the above requirements. Insurance carrier(s) shall be admitted to do business in the State of California and shall have a Best rating of no less than A:VII. RARUSEPLRF~hildr~n's museum feasibility study.ffq2.doc TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors  ,,terman D. Parker, Director of Community Services July 27, 1999 Departmental Report PREPARED BY: Gall L. Zigler, Administrative Secretary On January 25, 1999, the Community Services Department released a Request for Qualifications for architectural design services for the expansion of the Mary Phillips Senior Center. The proposed expansion will include kitchen upgrades and a 2,500 to 3,000 square foot enlargement of the building to include additional space for meetings and classes. At the March meeting, the Community Services Commission appointed a Commissioner to work with staff on the design for the expansion for this facility. The first design committee meeting was be held in July of 1999. A senior community workshop will be held on August 3, 1999. The City of Temecula Community Services Department brought forward to the TCSD Board of Directors a Joint Use Agreement with the Temecula Valley Unified School District for use of the Temecula Valley High School Tennis Courts. The agreement was approved by the Board of Education on August 18, 1998. The agreement provides for the lighting and maintenance of eight tennis courts at Temecula Valley High School, by the City of Temecula, in exchange for the use of the tennis courts in the City's overall parks and recreation program. This project is currently under construction and should be complete by the end of August 1999. The City Council awarded a construction contract to Terra Cal Construction for the Phase II improvements to the Temecula Duck Pond. Construction of the improvements is complete and the project is in the 90-day maintenance period. The project should be dedicated and re-opened to the public in September of 1999. Improvements include stabilization of the pond edge, walkways, landscape, irrigation, bandstand, restroom, parking facilities, and road improvements to Ynez Road. R:XZIGLERG~(DEPTRPT\9907.doc 1uly 22, 19~9 The City of Temecula Community Service Department's Annual 4th of July parade and Star- Spangled fireworks show was held on July 4, 1999. This year's event was extremely successful with approximately 15,000 in attendance at parade, and 18,000 in attendance at the Sports Park. The City of Temecula Community Services Department is currently offering the summer concert series. Concerts are held once month at each, the CRC Amphitheater and the Gazebo at the Sam Hicks Monument Park, during the months of July and August. The maintenance division continues to oversee the maintenance of parks and recreation facilities, as well as all other City owned public buildings or facilities. The maintenance division is currently overseeing the 90 maintenance period of the Temecula Duck Pond. On Thursday, July 15'h, the proposed Library Construction and Renovation Bond Act, SB3, was passed by the California Senate. In presenting SB3 to the floor, Senator Rainey, the author, took amendments to strip the dollar amount from the measure. This allowed the bond measure to pass with a simple majority vote instead of a two-thirds majority vote. The City of Temecula has submitted letters in support of SB3 to each Committee Member in each step of this process. Other sources of funding that are being pursued include County Mitigation funds and Federal sources through Senator Barbara Boxer. In addition to City Staff pursuing funding, the County Librarian continues to look for funding for the Temecula Library project, as the Temecula Library is the highest circulating library in the Riverside County Library System and is the County's number one library to be constructed once funding is identified. R:XZIGLERGXXDEPTRPT\9907.doc July Z2, 1999 REDEVELOPMENT AGENCY ITEM I TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY"/""~'-~ FINANCE DIRECTO CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members John Meyer, Housing and Redevelopment Manager July 27, 1999 Granting of an Easement for Storm Drain Improvements for the First Street Bridge RECOMMENDATION: That the Redevelopment Agency adopts a resolution entitled: RESOLUTION NO. 99-._ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA GRANTING AN EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE BACKGROUND: The design of First Street Bridge Extension is complete and it has been determined that a drainage pipe must be installed along the northerly side of First Street to collect and convey the runoff from the intersection of Front Street and First Street/Santiago Road in order to discharge the runoff into Murdeta Creek. This easement needs to be granted by the Agency and recorded to facilitate construction activities for the project. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution 99- 2. Exhibit"A" 3. Exhibit"B" 4. Grant of Easement \\TEMEC_FS2OI\DATA\DEPTS\REDEV\PROJECTS\G RANTEASEMENTSTRMDRN.docl RESOLUTION NO. 99-.~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA GRANTING AN EASEMENT FOR STORM DRAIN IMPROVEMENTS RELATING TO THE FIRST STREET BRIDGE THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The legal description for the easement is set forth and depicted in Exhibit "A" attached hereto; NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency of the City of Temecula grants to the City of Temecula an easement for the construction and maintenance of storm drain improvements for the First Street Bridge. The grant of easement and the scope thereof, shall be as set forth on the attached Easement Deed - Drainage Purposes and the exhibits thereto. PASSED, APPROVED, AND ADOPTED, by the Redevelopment Agency of the City of Temecula at a regular meeting on the 27t" day of July 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSDIE ) ss CITY OF TEMECULA ) \\TEMEC_FS201XDATAXDEPTSXREDEV~PROJECTSXRESOLUTIONGRANTEASEMENTSTRMDRN. doc I, Susan W. Jones, City Clerk/Agency Secretary of the Redevelopment Agency of the City of Temecula, California, do hereby certify that Resolution No. 99- was duly and regularly adopted by the Agency Members of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 27b day of July 1999, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk/Agency Secretary \\TEMEC_FS201XDATAXI)EPTSXREDEV'xPROJECTSx, RESOLUTIONGRANTEASEMENTSTRMDRN. doc EXHIBIT LEGAL DESCRIPTION Former Property Page 1 of 1 IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE. CITY OF TEMECULA, BEING THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. PA93-0107, RECORDED AUGUST 26, 1993 AS INSTRUMENT NO. 334292 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, NORTH 45°29'22'' WEST 20.94 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 55.00 FEET. A RADIAL LINE TO SAID BEGINNING OF NON-TANGENT CURVE BEARS NORTH 47°50'18" WEST; THENCE EASTERLY ALONG SAID CURVE 23.86 FEET THROUGH A CENTRAL ANGLE OF 24°51 "24" TO THE SOUTHEASTERLY LINE OF SAID PARCEL 1, SAID POINT BEING THE CUSP OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID CUSP BEARS NORTH 6:4°34'07.' WEST: THENCE SOUTHERLY ALONG SAID SOUTHEASTELRY LINE AND SAID CURVE 29.14 FEET THROUGH A CENTRAL ANGLE OF 33°23'32'' TO THE POINT OF BEGINNING. NORRIS-REPKE, INC. 33055 VINO WAY TEMECULA, CA 92591 JN 92-03/4 CONTAINING 224 SQUARE FEET, MORE OR LESS. A MAP ENTITLED "EXHIBIT !" IS ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. BASIS OF BEARINGS: FIELD SURVEY BASED ON FIRST STREET WEST OF FRONT STREET BEARING NORTH 44°30'26.' EAST PER PM 7674 (86/50o51). ~1 'No. C15446 ~ 0 E \_" ~ NORRIS P E C15446. REFERENCE FIRST AMERICAN TITLE CO. REPORT, ORDER # 2034432, DATED JUNE 22, 1995. September 23, 1996 A.P.N. 922-073-022 E×H! !T CURVE i =ADIUS LENGTH CELTA :I ; 55.00' 23.86' 24'51'2~" ,:2 'if0.00' 29.1¢' 33'23'32" LINE t :iRECTION ] DISTANCE~ L1 ~N -'5'29'22" W l 20.94' P.O.B. t C1\ :'%" /I FIRST STREET N 44'30'26" E C ALE AREA: 224 S.F. = (0.0051 AC) .?O FEET ) ' ~J'/~ ""i",v'l' } NORRIS--~EPKE INC CLD,'E~ND INVESTMENT C0, TEMECU~ INVESTMENT CO, ~NC. :,75 ~ u., 92-052 DRAWN RCN APPP. JPN ORDEP ~ 2034487 PCL. 1, LLA PA93-0107 DATE 9-83-96 ~ INST.~ 334292, O.R. SCALE ,'= S0 RIVERSIDE, CALIFORNIA sY NORRIS-REPKE INC. i CITY OF TEMECULA ~ E:\sdskproj\9203\dwg\jpn[d~.ctwg i.' EXEMPT RECORDING REQUESTED BY CITY OF TEMECULA PER GOVERNMENT CODE 6103 AND WHEN RECORDED MAIL TO City ofTemecula - City Clerk 43200 Business Park Drive P O Box 9033 Teraecula CA 92589-9033 MAIL TAX STATEMENTS TO City of Temecula 43200 Business Park Drive P O Box 9033 Teme. cula CA 92589-9033 EASEMENT DEED - DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TEMECULA REDEVELOPMENT AGENCY GRANTS to the CITY OF TEMECULA, a political subdivision, an easement for drainage purposes, including the construction and maintenance over, upon, across, and within real property in the City of Temecula, State of California, described as: See Attached Exhibit 'A" for Complete Description IN WITNESS THEREOF, these presents have executed this instrument this clay of , 1999 Print Name and Title STATE OF CALIFORNIA } SS. COUNTY OF RIVERSIDE} On , before me the undersigned, a Notary Public in and for the State of California, personally appeared personally known to ,he (or proved to rite on the basis of satisfactory evidence) to be the person(s) whose na~te(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instntment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and o/~]cial seal. RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY '~Z-/Y'/~""'~ TO: FROM: DATE: SUBJECT: TEMECULAREDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members John Meyer, Housing & Redevelopment Manager July 27, 1999 Monthly Departmental Report Attached for your information is the monthly repod as of July 27, 1999 for the Redevelopment Depadment. HOUSING First Time Homebuyers Program Funding in the amount of $300,000 is available for FY 99-00. One Loan has been closed for $24,000 with two loans pending. Sixteen loans closed in FY 98/99 in the amount of $336,760. Residential Improvement Pro.clrams For FY 99/00, two projects have been completed and twenty are in process. The program budget is $200,000 and $9,277 has been funded. The majority of these projects are roof repairs, repainting and fence replacement. Thirty-seven loans funded in FY 98/99 in the amount of $58,350. Affordable Rental Housinc~ Projects Agency staff has the responsibility for monitoring all projects obtaining Agency assistance to rehabilitate existing affordable rental housing as well as new construction. After completion, annual reporting is required to ensure all tenants continue to meet income criteria outlined in the Project Regulatory Agreement and that all rents charged are within established affordable limits. During July, the Rancho West Apartments (150 units)will be audited. \\TEMEC FS201 \DATA\DEPTS\REDEV\SYERSK\MONTHLLY\REPORT.JULY.doc Mission VillaRe Redevelol3ment Projects Rehabilitation of 38 distressed affordable housing units is underway, and construction of 38 new units has begun. All units will be occupied by very low and low-income families. Staff is currently reviewing compliance of the Mission Village project. Pujol Acquisitions for Affordable Housin,cl Staff has initiated negotiations with six property owners in the Pujol area to purchase their property for the future development of affordable housing. Two owners have accepted offers at the appraised value, and two retumed counter-offers were accepted by the Agency Board. One additional counter- offer has been received and will be presented to the Board on July 27. Facade Improvement/Non-Conformin.cl Sign Pro.clram The following facade improvement/sign projects are completed: · Express Bodicare (new business on Front Street) New signs only · Musicians Workshop (Mercedes) New handicap parking and restroom facilities, new front windows and front entry door · U.S. Land (Front Street) Exterior Paint · Swing Inn (Front Street) Exterior Paint The following facade improvements are underway: · Second Street Automotive (Second and Mercedes) - Complete Facade Renovation · Rancon Building (Front Street) - Repaint Trim · Kreigers General Store (Mercedes) New exterior facade and handicap restroom facilities · Oak Park Suites (Front Street) Exterior painting and wood shingle treatment · The Porch Building (Front Street) Fire Sprinklers · Main Street Salon Signs R:\syersk\monthly\report. May 2 WINCHESTER HILLS FINANCING AUTHORITY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY AUGUST 25, 1998 A regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 7:43 P.M., at the City Council Chambers, 43200 Business Park Ddve, Temecula, California. Chairman Comerchero presiding. PRESENT: 5 AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 AUTHORITY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS None. CONSENTCALENDAR 1. Minutes 1.1 Approve the minutes of August 11, 1998. MOTION: Authority Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Lindemans and voice vote reflected unanimous approval with the exception of Authority Member Ford who abstained. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT Advising that the necessary financing, selling of bonds, and closing has occurred, Executive Director Bradley informed the Authority Members that the Winchester Hills Financing Authority will not meet again until the need arises. AUTHORITY MEMBERS' REPORT No comments. ADJOURNMENT At 7:44 P.M., the Temecula VVinchester Hills Financing Authority meeting was formally adjourned. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] ITEM 2 DIR. OF FINANCE CITY MANAGER WINCHESTER HILLS FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Board of Directors Genie Roberts, Director of Finance July 27, 1999 Authorization of Special Tax Levy in Community Services District No. 98-1 (Winchester Hills) PREPARED BY: Tim McDermott, Assistant Finance Director;;f)~-/ RECOMMENDATION: entitled: That the Board of Directors adopt Resolution No. WHFA 99- RESOLUTION NO. WHFA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) BACKGROUND: The Winchester Hills Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency to assist in the refinancing of public improvements or bonds in connection with fixed special assessment liens in the Winchester Hills area of the City. On February 24, 1998, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On April 14, 1998, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On June 23, 1998 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On July 29, 1998 special tax bonds in the amount of $1 2,255,000 were issued. The bonds are special, limited obligations of the District secured solely by the special taxes levied in the District, a letter of credit provided by the developer, and amounts held in a reserve fund. The calculated special tax required to be levied for the 1999- 00 fiscal year is $901,626.09. FISCAL IMPACT: is 9901,626.09. special tax levy. The calculated special tax required to be levied for the 1999-00 fiscal year This amount represents a 948,564.19 or 5.69% increase from the 1998-99 Attach men ts: -Special Tax Calculation Worksheet -Resolution No. WHFA 99- 1999-00 Budget City Of Temecula · CFD 98-1 (Winchester Hills) Special Tax Calculation Worksheet Bonds Outstanding Delinquency Rate for Fiscal Year 1998-99 $12,255,000.00 0.00% March '00 Interest September '00 Interest September '00 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Surplus/(Deficit) Reserve Adjustment Total Obligation 929,565.00 941,530.95 11,965.95 381,802.50 381,802.50 165,000.00 928,605.00 928,605.00 Fiscal Agent Tax Consultant (Webb) Auditor -Controller Foreclosure Counsel Absorption/Disclosure City Administration Total Administration Prior Year Actual 1,875.00 5,500.00 104.00 7,500.00 14,979.00 A~u~ed Amounts 2,000.00 5,500.00 100.00 1,250.00 7,900.00 Current Year Levy 2,000.00 5,500.00 100.00 1,250.00 7,900.00 16,750.00 Total Obligation Total Administration Prior Year (Surplus)/Deficit Reserve Fund Earnings Total Requirement Administration % of Levy City's % of Levy lTotal Levy :i FY 1998-99 Levy Difference 928,605.00 16,750.00 (6,546.31) (37,182.60) 901,626.09 :901;626i09I 853,061.90 48,564.19 1.86% 0.88% 5.69% RESOLUTION NO. WHFA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) WHEREAS, the Winchester Hills Financing Authority is the legislative body for Community Facilities District No. 98-1 (Winchester Hills), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Directors has enacted Ordinance No. WHFA 98-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Winchester Hills Financing Authority, acting as the legislative body for Community Facilities District No. 98-1 (Winchester Hills) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. WHFA 98-11 and Ordinance No. WHFA 98-01, there is to be levied an aggregate special tax of $901,626.09 on the parcels which comprise the CFD for Fiscal Year 1999-00 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Ordinance No. WHFA No. 98-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: Payment of principal and interest on the outstanding authorized bonded indebtedness. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. WHFA 98-11 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 98-1 (Winchester Hills)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor-Controller shall, at the close of the tax collection pedod, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 27th day of July, 1999. ATTEST: Jeff Comerchero, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting thereof, held on the 27th day of July, 1999, by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City Clerk/Authority Secretary ITEM 26 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager~-'':p'' July 27, 1999 An Appeal of the Planning Commission's Decision to Recommend Approval to the City Council for PA98-0511, a Zoning Amendment to create a Planned Development Overlay, and the Planning Commission's approval of PA98-0512, a proposal to develop a 244 unit senior apartment complex with two and three story buildings on an 8.13 acre lot. Prepared by: Thomas Thornsley, Project Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1. Adopt the Mitigated Negative Declaration for Planning Application No. PA98-0512; 2. Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT-APPEAL) AND PA98-0512 (DEVELOPMENT PLAN-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO RECOMMEND THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT) TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY AND TO APROVE PLANNING APPLICATION NO. PA98-0512 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A 244 UNIT SENIOR HOUSING COMPLEX ON THE NORTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085. \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT%511-512pa98 CC Appl 7~13-99.doc 1 3. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA CITY FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY; ALSO KNOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT PA98-0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 (PLANNING APPLICATION NO. PA98-0511) BACKGROUND: On March 17, 1998 the Planning Commission considered both Planning Application No. PA98-0511 (Zoning Amendment/Planned Development Overlay) and Planning Application No. PA98-0512 (Development Plan). The Zoning Amendment was necessary to create the Planned Development Overlay, which would allow Senior Citizen Housing as a permitted use, thereby making way for the Development Plan proposal to build a 244 unit senior housing complex. At that hearing, the following issues were brought up by the Commissioners and the public: the compatibility of the land uses, traffic congestion created by the proposed or potential uses and conflicts with the high school, and the visibility of the site by the neighboring residences. The hearing was continued to allow staff time to address these issues and both applications were brought back to the Planning Commission on June 2, 1999. After hearing staff's report, taking public testimony, and holding Commission Discussion both projects were approved by a 3 to 1 vote (Commissioner's Fahey, Guerriero, and Webster in favor and Commissioner Naggar against.). On June 17, 1999, the last day of the appeal period, Chris Pedersen filed a forrhal appeal of the Planning Commission's decision on both projects (See Attachment 2). The cited justifications for the Appeal are addressed below. ANALYSIS: Mr, Pedersen cited five primary issues as justification for denying both projects. Issue 1. "The finding that PDO-3 (Planned Development Overlay 3) is less impacting than BP (Business Park) is unfounded and not supported." Response: Business Park permits a full range of industrial uses that would create conflicts with the high school and neighboring residential area. When the list of potential land uses for PDO-3 was prepared by staff and the applicant, the potentially hazardous uses and those with heavy truck traffic were eliminated, The final list of permitted and conditionally permitted uses included only those uses that were considered to be low or off peak traffic generators, non-hazardous, and compatible with the neighboring land uses. Issue 2. "No environmental impact report was prepared to address the land use compatibility with the high schooL" Response: In accordance with the California Environmental Quality Act (CEQA), an Initial Study was prepared for both of these projects to assure the compatibility and consistency of PDO-3 and the senior housing with the surrounding community. Based on the Initial Study it was determined that an Environmental Impact Report was not required. Therefore, the Planning Commission adopted a Mitigated Negative Declaration for these projects. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 2 Issue 3. Response: Issue 4. Response: Issue 5. Response: "The density for the senior housing is 50% higher than permitted for High Density Residential·" The density of the senior housing proposed in PDO-3 is consistent with the density currently permitted for senior housing under High Density Residential. This allows up to 30 dwelling units per acre (d.u./ac) as compared to 20 d.u./ac. allowed in the High Density Residential zone for general use apartments.. "Apartments, senior or otherwise, are not permitted under PDO-3." Senior Citizen Housing and congregate care are permitted use listed in PDO-3. Multifamily residential (apartments) are not a permitted use. "There is no traffic problem with any permitted use for that parcel as BP." A traffic study was prepared to assess the traffic conditions for these projects. The study determined that the use of the site as a Business Park would generate more vehicle trips per day and create a greater conflict with the high school's morning traffic than would senior citizen housing. The study indicates that the trip generation for the senior apartments would be 890 trips per day while the Business Park uses could generate 1,218 trips per day. Peak AM traffic for the senior apartments would be 11 trips verses 135 in-bound trips for Business Park uses during the same time that the high school is generating high traffic volumes. Staff's review of the issues raise by Mr. Pedersen's has found that these issues were addressed in the Planning Commission Staff Report of June 2, 1999, and/or discussed at the Planning Commission Meeting of the same date. Mr. Pedersen did not speak at either Planning Commission meeting. FISCAL IMPACT: None. SPECIFIC ACTION: The Planning Commission recommends the City Council deny the appeal and uphold the approval of Planning Applications No. PA98-O511 and PA98-O512. The project proposes to meet the City zoning requirements, guidelines and policies regarding land use compatibility and project design. Approval of the projects is based upon the following findings: FINDINGS -ZONING AMENDMENT The Planning Commission, in recommending approval of this Zoning Amendment - Planned Development Overlay, makes the following findings: The change is compatible with the health, safety and welfare of the community. Planning Application No. PA98-0511 (Zoning Amendment) as proposed is compatible with the health, safety and welfare of the community. The change in land use is in conformance with all applicable requirements of State law and other Ordinances of the City. The change is consistent with the General Plan Land Use Map. The General Plan Land Use Designation is Business Park and the requested Zoning Amendment will change the zoning to Planned Development Overlay, which is consistent with the General Plan Land Use Map. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 3 The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed amendment will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. FINDINGS - DEVELOPMENT PLAN The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project is consistent with all City Ordinances, including; the City's Development Code, Ordinance No. 655 (Mt. Pal·mar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. The overall development of the land is designed for the protection of the public health, safety and welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. An Initial Study was prepared for the project and has determined that, although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. The project will not result in an impact to endangered, threatened or rar(~ species or their habitats, including but not limited to plants, fish, insects, animals and birds· The project site has been previously disturbed and graded, and street improvements have already been installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Attachments: 3. 4. 5. 6. City Council Resolution No. 99-I- Page 5 Exhibit A - Conditions of Approval - Page 9 Planned Development Overlay 3 (PDO-3) - Page 21 City Council Ordinance No. 99- ~ Page 31 Appeal of the Planning Commission Decision - Page 35 Staff Report to the Planning Commission dated June 2, 1999 - Page 36 Minutes of the Planning Commission hearing of March 17, 1999 - Page 37 Draft Minutes of the Planning Commission hearing of June 2, 1999 - Page 38 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 4 ATTACHMENT NO. 1 CITY COUNCIL RESOLUTION NO. 99- \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT\511-512pa98 CC Appl 7-13-99.doc 5 ATTACHMENT NO. 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT-APPEAL) AND PA98-0512 (DEVELOPMENT PLAN-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO RECOMMEND THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA98-0511 (ZONING AMENDMENT) TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY AND TO APPROVE PLANNING APPLICATION NO. PA98-0512 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A 244 UNIT SENIOR HOUSING COMPLEX ON THE NORTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085. WHEREAS, Curt Miller, of Pacific Gulf Properties, Inc., initiated Planning Applications No. PA98-0511 and PA98-0512, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Applications No. PA98-0511 and PA98-0512 were processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Applications No. PA98-0511 and PA98-0512 on March 17, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the Planning Commission continued Planning Applications No. PA98-0511 and PA98-0512 to April 21, 1999, to allow the applicant time to address concerns and issues raised at the March 17, 1999, Planning Commission Hearing; WHEREAS, the Applicant withdrew the request for a General Plan Amendment, opted to pursue a Planned Overlay District, and requested that Planning Applications PA98-0511 and PA98- 0512 be continued off calendar while revisions were being made; WHEREAS, the Planning Commission considered Planning Applications No. PA98-0511 and PA98-0512 on June 2, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Applications No. PA98-0511 and approved PA98-0512; \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 6 WHEREAS, an Appeal was filed on June 17, 1999 requesting that Planning Applications No. PA98-0511 and PA98-0512 be brought before the City Council for their consideration; WHEREAS, the City Council conducted a public hearing pertaining to Planning Applications No. PA98-0511 (Zoning Amendment - Appeal) and PA98-0512 (Development Plan - Appeal) on July 13, 1999, at which time interested persons had an opportunity to, and did testify either in support or opposition to Planning Applications No. PA98-0511 and PA98-0512; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Reports regarding Planning Applications No. PA98-0511 and PA98-0512; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings for Zoninq Amendment. That City Council, in denying Planning Application No. PA98-0511 (Zoning Amendment Appeal) and upholding the Planning Commission's decision recommending approval of Planning Application No. PA98-0511 (Zoning Amendment) hereby makes the following findings; A. The change is compatible with the health, safety and welfare of the community. Planning Application No. PA98-0511 (Zoning Amendment) as proposed is compatible with the health, safety and welfare of the community. The change in land use is in conformance with all applicable requirements of State law and other Ordinances of the City. B. The change is consistent with the approved revisions to the General Plan Land Use Map. The General Plan Land Use Designation is Business Park and the requested Zoning Amendment will change the zoning to Planned Development Overlay, which is consistent with the General Plan Land Use Map. C. The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed amendment will not have an adverse effect on the community because it remains consistent with the goals ahd policies of the adopted General Plan. Section 2. Findings for Development Plan. That City Council, in denying Planning Application No. PA98-0512 (Development Plan - Appeal) and upholding the Planning Commission's decision approving PA98-0512 (Development Plan) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project is consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mr. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. B. The overall development of the land is designed for the protection of the public health, safety and welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. Section 3. Environmental Compliance. An Initial Study was prepared for both of these projects and indicates that although the proposed projects could have a significant impact on the \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 7 environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration with a DeMinimus impact finding, therefore, is hereby adopted. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA98-0512 (Development Plan) a proposal to build a 244 unit senior housing complex with two and three story apartment buildings on 8.3 acres, located at the northeast corner of Nicolas Road and Winchester Road, and known as Parcel "A" of Lot Line Adjustment PA98-0477, previously assessor's parcel no. 911-170-078 and 911-170-085, and subject to the project specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 13th day of July, 1999. ATTEST: Steven J. Ford, 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. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susarf W. Jones, CMC City Clerk \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 8 EXHIBIT A CONDITIONS OF APPROVAL \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 9 EXHIBITA CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA98-0512 (Development Plan) Project Description: A proposal to build a 244 unit senior housing complex with two and three story apartment buildings on 8.3 acres. Located on the northwest corner of Nicolas Road and Winchester Road. Development Impact Fee Category: Multi-Family Assessor's Parcel No.: 911-170-078 and 911-170-085 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. This development plan approval date is contingent upon City Council approval of the Zoning Amendment and the date the implementing ordinance goes into effect. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT%511-512pa98 CC Appl 7-13-99.doc 10 m o This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. The development of the premises shall conform substantially to Exhibit D (Site Plan), approved with Planning Application No. 98-0512, or as amended by these conditions. The development of the building shall conform substantially to Exhibit E (Elevations), approved with Planning Application No. 98-0512, or as amended by these conditions. Landscaping shall conform substantially with the approved Conceptual Landscape Plan, Exhibit F, and the criteria set forth in the General Plan, or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the satisfaction of the Planning Manager and the Development Code. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. (Amended by the Planning Commission 612199) The colors and materials used for this industrial building shall conform substantially to the approved color and material board, or as amended by these conditions. Material Exterior Plaster in wood float sand finish Wood Fascia and exposed wood trim Accent Color on handrails, gutters & downspouts Tile Roof Color La Habra Plaster Co. #x9511 (grey) La Habra Plaster Co. #x3713 (beige) La Habra Plaster Co. #x80220 (tan) Olympic Satin "Outside White" Frazee 4904D (light olive green) Pioneer Concrete Roof Tiles WS-503 (dark grey) Pioneer Concrete Roof Tiles WS-516 (medium grey) Pioneer Concrete Roof Tiles WS-472 (tan/grey) Prior to the Issuance of Grading Permits 10. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints each of the Color and Materials Board and the colored architectural Elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 11. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 11 Prior to the Issuance of Building Permits 13. Lot Line Adjustment PA98-0477 shall be recorded. 14. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. 15. The carports shall be redesigned to include architectural elements and color enhancements similar to the main structures. 16. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 17. The perimeter landscaping shall provide shrubs, berms and/or walls to screen the parking areas. 18. Three (3) copies of detailed Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for review approval. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance and conform substantially to the approved Exhibit "F" Conceptual Landscape Plan or as amended by these conditions. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). Prior to the Issuance of Occupancy Permits 19. The development of a bus stop as requested by the Riverside Transit Authority shall be done so at no expense to the City. The developer shall be responsible for obtaining all required encroachment permits. 20. Separate building permit applications for the installation of signage shall be submitted in conformance with City Ordinances, Design Guidelines, and Development Code. 21. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Performance securities, in amounts to be determined by the Planning Manager, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plans, shall be filed with the Community Development Department - Planning Division for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Manager, the bond shall be released. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed re~ectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP~511-512pa98 CC Appl 7-13-99.doc 12 or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. BUILDING AND SAFETY DEPARTMENT 24. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 25. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the DepaFtment of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 26. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School- Mitigation Fees. 27. Obtain all building plans and permit approvals prior to commencement of any construction work. 28. The Occupancy classification of the proposed buildings shall be R-1. 29. Obtain street addressing for all proposed buildings prior to submittal for plan review. 30. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 31. Provide disabled access from the public way to the main entrance of the building. 32. Provide van accessible parking located as close as possible to the main. entry. 33. Show path of accessibility from parking to furthest point of improvement. 34. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 35. Restroom fixtures, number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 36. Provide an approved automatic fire sprinkler system. 37. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 38. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 39. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99,doc 13 40. 41. 42. Trash enclosures, patio covers, light approvals and permits PUBLIC WORKS DEPARTMENT Provide precise grading plan for plan check submittal to check for handicap accessibility. A pre-construction meeting is required with the building inspector prior to the start of the building construction. standard and any block walls require separate 43. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 44. A Grading Permit for either rough and/or precise grading, including all on-site fiat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 45. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 46. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State Right-of- Way. 47. The vehicular movement for the driveway on Winchester Road is restricted to right in/right out. 48. All improvement plans, grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 49. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. 50. A permit from Riverside County Flood Control and Water Conservation District is required for work within their Right-of-Way. 51. A permit from Army Corps of Engineers is required for any work within the Santa Gertrudis Channel. 52. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 53. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT\511-512pa98 CC Appl 7-13-99.doc 14 54. 55. 56. 57. 58. 59. 60. 61. 62. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Cbntrol Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. The Developer shall obtain an encroachment permit from Caltrans prior to commencement of any construction, including the proposed driveway, within the existing State Right-of- Way. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Army Corps of Engineers d. Planning Department Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 63. Improvement plans and/or precise grading plans shall conform to aC>plicable City of Temecula Standards subject to approval by the Director of the Department of Public Works, The following design criteria shall be observed: \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 15 e. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. f. Driveways shall conform to the applicable City of Temecula Standard No. 207A. g. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461. h. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 401. i. All street and driveway centerline intersections shall be at 90 degrees. j. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 64. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: k. Improve Winchester Road (Urban Aderial Highway Standards - 134' R/W) to include installation of sidewalk, street lights and utilities (including but not limited to water and sewer. 65. The Developer shall construct the following public improvements in conformance with applicable Standards and subject to approval by the Director of the Department of Public Works. I. Street improvements, which may include, but not limited to: sidewalks, drive approaches and street lights m. Storm drain facilities n. Sewer and domestic water systems 66. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works. 67. All access rights, easements for sidewalks for public uses shall be submitted to and approved by the Director of the Department of Public Works for dedication to the City where sidewalks meander through private property. 68. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 69. The Developer shall obtain an easement for ingress and egress over the adjacent property. 70. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 71. The existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended to allow a right in/right out vehicular movement onto Winchester Road. 72. As deemed necessary by the Department of Public Works, the Develoher shall receive written clearance from the following agencies: o. Rancho California Water District \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 16 p. Eastern Municipal Water District q. Department of Public Works 73. Corner property line cut off shall be required per Riverside County Standard No. 805. 74. All public improvements, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 75. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 76. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy~ use, the Uniform Building Code (UBC), Uniform Fire Code (UFC), and related codes which are in force at the time of building plan submittal. 77. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 2000 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 2400 GPM with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (UFC 903.2, Appendix Ill.A) 78. The Fire Prevention Bureau is required to set minimum fire hydrant distances per UFC Appendix Ill.B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 "outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 450 feet apart and shall be located no more than 225 feet from any point on the street or Fire Department access ro~d(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (UFC 903.2, 903.4.2, and Appendix Ill-B). 79. As required by the Uniform Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (UFC 903.2). 80. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (UFC 8704.2 and 902.2.2) 81. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 70,000 Ibs GVW. (UFC 8704.2 and 902.2.2.2). \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 17 82. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 70,000 Ibs. GVW with a minimum AC thickness of .25 feet. ( UFC sec 902 and Ord 95-15). 83. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (UFC 902.2.2.1 and Ord 95-15). 84. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (UFC 902.2.2.4). 85. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (UFC 902.2.1 ). 86. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installatioFL Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (UFC 8704.3,901.2.2.2 and National Fire Protection Association 24 1-4.1 ). 87. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (UFC 901.4.3). 88. Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (UFC 901.4.4 and Ord 95-15). 89. Prior to issuance of a Certificate of Occupancy or building final, a ~lirectory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 90. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10, UBC Chapter 9 and Ord 95-15). 91. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10). 92. Prior to the issuance of a Certificate of Occupancy or building final, a "Krlox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 18 93. located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (UFC 902.4). All .manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (UFC 902.4) TEMECULA COMMUNITY SERVICES DEPARTMENT The TCSD has reviewed the aforementioned development plan and conditions the project as follows: General Conditions: 94. Prior to installation of arterial street lighting, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said street lighting into the respective TCSD maintenance program. 95. During construction, the developer shall provide temporary measures acceptable to the Department of Public Works for the protection of the Santa Gertrudis Recreational Trail from any silt, drainage, or other construction debris. 96. All parkway landscaping and slope areas adjacent to the development shall be maintained by the property owner. Prior to Issuance of Building Permits: 97. The developer shall satisfy the City's parkland dedication requirement through the payment of in-lieu fees equivalent to 1.43 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 50% credit for private recreational opportunities provided on-site and shall be pro-rated at a per dwelling unit cost prior to the issuance of each building permit requested. Prior to Certificate of Occupancy: 98. The developer shall provide permanent measures acceptable to the Department of Public Works for the protection of the Santa Gertrudis Recreational Trail from silt and drainage. OTHER AGENCIES 99. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal February 18, 1999, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 100. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal January 7, 1999, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Rancho California Water Districts transmittal January 11, 1999, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in Eastern Information Centers transmittal January 11, 1999, a copy of which is attached. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 19 103. 104. 105. The applicant shall comply with the recommendations set forth in Riverside Transit Agency transmittal January 12, 1999, a copy of which is attached. The applicant shall comply with the recommendations set forth in CALTRANS transmittal February 3, 1999, a copy of which is attached. The applicant shall comply with the recommendations set forth in CALTRANS transmittal February 17, 1999, a copy of which is attached. PLANNING COMMISSION 106. The applicant shall prepare, and submit for the approval of the Planning Manager, a disclosure statement identifying the adjacent high school use and those uses reasonably anticipate to occur on the high school site. The applicant shall provide a copy of the approved disclosure statement to each person occupying a unit in the project. (Added by the Planning Commission 6~2~99) By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 20 EXHIBIT B PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 3 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 21 NICOLAS/WINCHESTER PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.120 Title Sections 17.22.120 through 17.22.128 shall be known as "PDO-3" (NicolasANinchester Planned Development Overlay District). 17.22.122 Purpose and intent The NicolasANinchester Planned Development Overlay District (PDO-3) is intended to provide regulations for the safe and efficient operation, and creative design of a unique commercial area within the city. The area is significantly constrained with easements, flood plains, potential fault zones, and adjacent residential development. This special overlay zoning district regulation is intended to permit a range of low impact business, office and commercial uses. Supplemental performance standards have also been provided to ensure compatibility with the adjacent neighborhoods and to protect adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially objectionable impacts. It is the intent of the City to use these special regulations to supplement the regulations of land uses and development already existing within the adopted Development Code. 17.22.124 Relationship with the Development Code and Citywide Design Guidelines A. The list of permitted, conditionally permitted, and prohibited uses for the NicolasANinchester Planned Development Overlay District is contained in Table 17.22.126. B. Except as modified by the provisions of Section 17.22.128, the following rules and regulations shall apply to all planning applications in this area. 1. The development standards in the Development Code that would apply to any development within a Business Park zoning district that are in effect at the time an application is deemed complete. 2. The citywide Design Guidelines that are in effect at the time an application is deemed complete. 3. The approval requirements contained in the Developmen~ Code that are in effect at the time an application is deemed complete. 4. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.126 Use Regulations The list of permitted land uses for the NicolasANinchester Planned Development Overlay district is contained in Table 17.22.126. Where indicated with a letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a "-", the use is prohibited within the zone. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 22 Automobile Automobile Automobile Automobile Automobile Automobile Automobile Automotive Automotive car wash B Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use I PDO-3 A Adult business Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.) Aerobics/dance/gymnastics/jazzercise/martial arts studios (greater than 5,000 sq. ~.) Airports Alcoholism or drug treatment facilities Alcohol and drug treatment (outpatient) Alcoholic beverage sales Ambulance services Animal hospital (indoor only) Antique restoration Antique sales Apparel and accessory shops Appliance sales and repairs (household and small appliances) Arcades (pinball and video games) Art supply stores Auction houses Auditoriums and conference facilities Automobile dealers (new and used) sales (brokerage)-showroom only (new and used)-no outdoor display Oil Change/Lube Services with no major repairs painting and body shop repair services rental salvage yards/impound yards service stations with or without an automated car wash parts -sales service stations selling beer and/or wine -with or without an automated Bakery goods distribution Bakery retail Bakery wholesale Banks and financial institutions P \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 23 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use }PDO-3 Barber and beauty shops P Bed and breakfast - Bicycle (sales, rentals, services) - Billlard parlor/pool hall - Binding of books and similar publications - Blood bank P Blueprint and duplicating and copy services P Bookstores - Bowling alley Building material sales Butcher shop C Cabinet shop Camera shop (sales/minor repairs) Candy/confectionery sales Car wash, full service Carpet and rug cleaning Catering services Clothing sales Coins, purchase and sales Cold storage facilities Communications and microwave installations Communications equipment sales P Community care facilities P Computer sales and service P Congregate care housing for the elderly~ P Construction equipment sales, service or rental Contractor's equipment, sales, service or rental Convenience market Costume rentals Crematoriums Cutlery - D Data processing equipment and systems P \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 24 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use PDO-3 Day care centers C Delicatessen P Discount/department store Distribution facility Drug store/pharmacy Dry cleaners P Dry cleaning plant E Emergency shelters Equipment sales and rentals (no outdoor storage) Equipment sales and rentals (outdoor storage) F Feed and grain sales Financial, insurance, real estate offices P Fire and police stations P Floor covering sales Florist shop P Food processing Fortune telling, spiritualism, or similar activity Freight terminals Fuel storage and distribution Funeral parlors, mortuary Furniture sales Furniture transfer and storage G Garden supplies and equipment sales and service Gas distribution, meter and control station General merchandise/retail store less than 10,000 sq. ft. Glass and mirrors, retail sales Governmental offices less than 5,000 sq. ft. P Grocery store, retail Grocery store, wholesale - Guns and firearm sales - \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 25 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use J PDO-3 H Hardware stores Health and exercise clubs (less than 5,000 sq. ft.) Health and exercise clubs (greater than 5,000 sq. ~.) Health food store Health care facility Heliports Hobby supply shop Home and business maintenance service Hospitals Hotels/motels I Ice cream parlor Impound yard Interior decorating service J Junk or salvage yard K Kennel L Laboratories, film, medical, research or testing centers Laundromat Laundry service (commercial) Libraries, museums and galleries (private) Liquefied petroleum, sales and distribution Liquor stores Lithographic service Locksmith M Machine shop Machinery storage yard Mail order businesses P P P P \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 26 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use I PDO-3 Manufacturing of products similar to, but not limited to, the Following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft. with no outside storage Massage Medical equipment sales/rental Membership clubs, organizations, lodges Mini-storage or mini-warehouse2 Mobile home sales and service Motion picture studio Motorcycle sales and service Movie theaters Musical and recording studio N Nightclubs/taverns/bars/dance club/teen club Nurseries (retail) Nursing homes/convalescent homes O Office equipment/supplies, sales/services Offices, administrative or corporate headquarters with greater than 50,000 sq. ft. Offices, professional services with less than 50,000 sq. ft., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance. P C C P P P \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT%511-512pa98 CC Appl 7-13-99.doc 27 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use PDO-3 P Paint and wallpaper stores Parcel delivery services Parking lots and parking structures Pawnshop Personal service shops Pest control services Pet grooming/pet shop Photographic studio Plumbing supply yard (enclosed or unenclosed) Postal distribution Postal services Printing and publishing (newspapers, periodicals, books, etc.) Private utility facilities (Regulated by the Public Utilities Commission) Q Reserved R Radio and broadcasting studios, offices Radio/television transmitter Recreational vehicle parks Recreational vehicle sales Recreational vehicle, trailer, and boat storage within an enclosed building Recreational vehicle, trailer and boat storage-exterior yard Recycling collection facilities Recycling processing facilities Religious institution, without a day care or private school Religious institution, with a private school Religious institution, with a day care Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) Residential, multiple-family housing Restaurant, drive-in/fast food Restaurants and other eating establishments Restaurants with lounge or live entertainment P P P P \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 28 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use Retail support use (15 percent of total development square footage in BP and I'1) Rooming and boarding houses S Scale, public Schools, business and professional P Schools, private (kindergarten through Grade 12) P Scientific research and development offices and laboratories P Senior citizen housing (see also congregate care)3 P Solid waste disposal facility Sports and recreational facilities Swap Meet, entirely inside a permanent building Swap Meet, outdoor Swimming pool supplies/equipment sales T Tailor shop P Taxi or limousine service Tile sales Tobacco shop Tool and die casting Transfer, moving and storage Transportation terminals and stations Truck rentals (no sales or/service) TV/VCR repair U Upholstery shop I ' V Vending machine sales and service - W Warehousing/distribution - Watch repair - Wedding chapels - Welding shop - Welding supply and service (enclosed) - PDO-3 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 29 Y Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use PDO-3 Reserved Z Reserved 1. See Section 17.06.040. Dwelling units per net acre, High Density Residential 2. See Section 17.080.050(R), special standards for self-storage or mini-warehouse facilities. 17.22,128 Supplemental Design and Setback Standards A. All development within PDO-3 shall also comply with the following supplemental buffering requirements: When adjacent to residential uses: a transitional landscaped area, not less than five feet in width shall be installed. The landscaping shall include (at a minimum) tree~, shrubs, and appropriate ground cover and should be located outside of the walls used to screen these business, office and commercial uses. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 30 ATTACHMENT 2 CITY COUNCIL ORDINANCE NO. 99- \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT\511-512pa98 CC Appl 7-13-99.doc 31 ATTACHMENT NO. 2 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA CITY FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY; ALSO KNOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT PA98-0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 (PLANNING APPLICATION NO. PA98-0511) THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The changes to the land use district as shown on the attached Exhibit "A" is hereby approved and ratified as part of the Official Zoning Map, and Exhibit "B" is hereby approved and ratified as part of the Official Development Code for the City of Temecula as adopted by the City and as many be amended hereafter from time to time by the City Council of the City of Temecula. The City of Temecula Official Zoning Map is amended by placing in affect the zones as described in Planning Application PA98-0511 and listed below: A. For the parcels identified as Parcel "A" of Lot Line Adjustr~ent PA98-0477, previously Assessor's known as Assessor's Parcel No. 911-170-078 and 911-170-085: change the Zoning Designation from Planned Development Overlay (PDO) to Professional Office (PO); and, Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Findinqs The City Council, in approving Planning Application No. PA98-0511 (Zoning Amendment) hereby makes the following findings: A. The change is compatible with the health, safety and welfare of the community. Planning Application No. PA98-0511 (Zoning Amendment) as proposed is compatible with the health, safety and welfare of the community. The change in land use is in conformance with all applicable requirements of State law and other Ordinances of the City. B. The change is consistent with the approved revisions to the General Plan Land Use Map. The General Plan Land Use Designation has been changed to Professional Office and the requested Zoning Amendment will change the zoning to Professional Office, which is consistent with the General Plan Land Use Map. C. The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed amendment will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. \\TEMEC_FS201 \DATA\DEPTS\PLANNI NG\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 32 Section 4. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. Section 5. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally anticipated for the City General Plan. Two areas, circulation, and air quality impacts, are expected to see small reductions in the anticipated environmental impacts because there are fewer trips generated by senior housing than that potentially generated by professional offices. As a result, the Planning CommiSsion determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 6. 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. 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. \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 33 Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this __ day of ,1999. ATTEST: Steven J. Ford, 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 , 1999, 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 ,1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk \\T E M E C_FS201 \DATA\D E PTS\P LAN N I N G\STAF FRP'R511-512 pa 98 CC Appl 7-13-99. doc 34 ATTACHMENT NO. 3 APPEAL OF PLANNING APPLICATION NO. PA98-0511 AND PA98-0512 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 35 City of Temecula Comm,mity Development Department 43200 Business Park Drive · Temecula · CA · 92590 P.O. Box 9033, Temecula · CA · 92589-9033 (909) 694-6400 · FAX (909) 694-6477 Appeal Original Case Number(s) A. PURPOSE The purpose of the appeal procedure is to provide a method of recourse for persons aggrieved by or dissatisfied with an action taken by an administrative agency of the City in the administration or enforcement of any provisions of the Development Code. B. FILING REQUFREM'RNTS 1. Development Application. 2. Appeal Form. 3. Filing Fee. C. NOTICE OF APPEAl, - ~ 1 ,IMIT A notice of an appeal by any individual who is aggrieved by or dissatisfied with a decision made by him or in his behalf, or with any action, order, requirement, decision or determination shall not be acted upon unless fled within fifteen (15) calendar days after service of written notice of the decision. D. NOTICE OF APPEAL- CONTENTS Appealingthedecisionof: f)htvtv'~'~ C~,~s,o,u '~Yu'~e, :~. ]c)9~ (Specify Director of Planning or Plenning Commission AND Action Date) Specify exactly what is being appealed: R:\FAGA~AppLIC\APp. App 7/16/97 klb 1 Reason or justification to support the appeal. Appellant must submit with this appeal each issue which the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. (Attach separate sheet of paper if necessary). r~'6P~S L/4tg e U ~ {- In the event any Notice of Appeal applicant fails to answer any information set forth above, then the request will be returned to the appellant, with a statement of the deficiencies. The appellant shall be allowed five (5) calendar days in which to refile the notice of appeal. C 2/o: "' R:\FAGAi~XPPLIC\XPPoXPP 7/16/97 klb 2 ATTACHMENT NO. 4 PLANNING APPLICATION NO. PA98-0511 AND PA98-0512 STAFF REPORT TO THE PLANNING COMMISSION DATED JUNE 2, 1999 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~511-512pa98 CC Appl 7-13-99.doc 36 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 2, 1999 Planning Application No. PA98-0511 (Zoning Amendment, Planned Development Overlay) Plyinning Application No. PA98-0512 (Development Plan) Prepared By: Thomas K. Thornsley, Project Planner RECOMMENDATION: The Community Development Department - Planning Division recommends the Planning Commission: ADOPT Resolution No:. 99- recommending approval of Planning Application No. PA98-0511 (Zoning Amendment, Planned Development Overlay) based upon the Analysis and Findings contained in the Staff R~port; ADOPT the Mitigated Negative Declaration. for Planning Application Numbers PA98-0511 (Zoning Amendment, Planned Developmen;t Overlay) and PA98-0512 (Development Plan); ADOPT the Mitigation Monitoring Program for Planning Application Number PA98-0512 (Development Plan); APPLICATION INFORMATION ADOPT Resolution No. 99- approving Planning Application No. PA98-0512 (Development Plan); based upon the Analysis and Findings contained in the Staff Report and subject to the attached ConditionS' of Approval:. APPLICANT: Curt Miller, Pacific Gulf Properties, Inc. PROPOSAL: Planning Application No. PA98-0511: a request to amend the Zoning Map designations of property totaling 12.3 acres, from Business Park (BP) to Planned Development Overlay. Planning Application No. PA98-0512: a Development Plan proposal to build a 244 unit senior housing complex with two and three story apartment buildings on 8.3 acres· R:\STAFFRPT~511-512pa98 pc2a.doc LOCATION: Located on the northwest corner of Nicolas Road and Winchester Road (Parcel "A" of Lot Line Adjustment PA98- 0477 previously Assessor's Parcel Numbers 911-170-078 and 911-170 085) GENERAL PLAN DESIGNATION: BP (Business Park) EXISTING ZONING: BP (Business Park) SURROUNDING ZONING: North: M (Medium Density Residential) South: PI' (Public Institutional) East: NC (Neighborhood Commercial); SP Estates Specific Plan) West: M (Medium Density Residential) and Institution) (Roripaugh PI (Public EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Residential South: Chaparral High School East: Vacant West: Residential and Chaparral High School PROJECT STATISTICS Total Area Gross: Total Area Net: Total Building Area Building Footprint: Landscape Area: Paved Area: Hardscape: 361,548 355,580 217,900 90,400 126,770 100,810 37,600 sc suare feet sc uare feet sc uare feet sc uare feet sc uare feet sc uare feet sc uare feet (8.3 acres) (8.1 acres) 25.42% 35.66% 28.35% 10.57% Parking Required: Senior Housing' (¼ covered .spaces per unit) 122 +1 uncovered space per 5 units for auest parkinq 49 Total 171 spaces spaces spaces Parking Provided: Building Height: Covered 122 spaces Uncovered 151 spaces Handicapped 8 spaces Total 281 spaces 30 feet for two story building 42 feet for three story buildings BACKGROUND Planning Applications No. PA98-0511 and PA98-0512 were brought before th~ Planning Commission on March 17, 1999. Planning Application No. PA98-0511 was a request for a General Plan Amendment and Zoning Amendment and Planning Application No. PA98-0512 was a R:\STAFFRP'R511-512pa98 pc2a.doc Development Plan for senior apartments. The Planning Commission raised a number of issues regarding these projects at that meeting and continued this item to the April 21, 1999, meeting. At the Apdl meeting the Commission continued this item off-calendar. Staff distributed a revised Initial Study and re-noticed the projects for the June 2, 1999 Planning Commission hearing. The following issues were raised by the Commission: traffic, potentially permitted and conditionally permitted uses, and development standards. Traffic concerns dealt with the con0icts between the senior apartments, the high school, and the future development on the remainder of the site. Also of concern was the possibility that the project might not be built and any. one of a number of more intensive uses allowed under the Professional Office (PO) Zone could be developed at this site further impacting traffic conditions. Additionally, the PO zone would allow 75 foot tall structures, which would impact the neighboring residential development. Staff was directed to address these concerns when the project was brought back before the Commission. During the re-evaluation of Planning Application PA98-0511 (General Plan Amendment and Zoning Amendment) staff determined that this application should be changed to a Planned Development Overlay (PDO) with defined uses and development standards for this property. The establishment of the PDO would be adopted through a Z. oning Amendment only, therefore, the applicant withdrew his request for General Plan Amendment. Planning ApplicatiOn PA98-0512 for the senior apartments has remained virtually the same with the exception of a new driveway being added on Winchester Road to help with traffic circulation. PROJECT DESCRIPTION Planning Application No. PA98-0511 is a request for a Zoning Amendment to change the City's Zoning designations on 12.3 acres of property from Business Park (BP) to Planned Development Overlay (PDO) and amend the Development Code, adding PDO-3. Planning Application No. PA98-0512 (Development Plan) is a request for the construction of a 244 unit senior housing complex, consisting of two and three story apartment buildings on 8.3 acres. The remaining four acres, being re-designated to PDO, are not being proposed for development at this time. ANALYSIS Zoninq Amendment - Planned Development Overlay The applicant had sought a location for senior housing in this community. They found there was a limited amount of available property within the city that permits their type of development and also met their criteria to be centrally located to goods and services, on a main transportation route, and on flat terrain. The proposed site meets their needs, but is designated Business Park (BP) under the General Plan Land Use Map and the Zoning Map, which does not permit senior housing. By re-zoning the property for a PDO, senior housing and congregate care housing could be permitted uses. By creating a PDO at this location, the City and the applicant can propose uses that meet the needs of the community. In addition, the PDO will establish a list of uses that are less impacting that those currently permitted. Staff and the applicant worked together to establish a list of uses that would be allowed under the PDO. Our criterion was to select uses that would not be intensive traffic generators nor would conflict with the surrounding land uses [Exhibit B (PDO-3, Schedule of Permitted Uses) of Draft City Council Ordinance]. The development standards have remained consistent with the standards that are currently in effect under the Business Park zoning designation. The developer feels satisfied R:\STAFFRPT~511-512pa98 pc2a.doc that there are a sufficient variety of uses to allow versatility for the use of the undeveloped portion of the site should they be unable to find a developer for an assisted living project. Development Plan Planning Application No. PA98-0512 proposes to build 244 dwelling units for senior housing (55 years of age and older) on 8.3 acres. There will be four building on the site with'one building, the 'largest, designed as a two story structure and the remainder being three' story structures. The facility will have a mix of one and two bedroom units with a kitchen, dining area, living room, and one or two baths. ,, This facility is designed for active seniors and will p'rovide amenities like any apartment complex. The applicant does not propose to offer any assisted living services in this complex. Site Desicln and Circulation The project originally took irs only access directly across form the high school's-student parking. To provide for better circulation a second driveway on Nicolas Road will be opened for tenants and a new tenant access will be installed on Winchester Road. With three points of,ingress and egress tenants will have an opportunity to avoid the traffic congestion dudrig the schools peak traffic times. All three points of ingress and egress will have card key gates located far enough into the site to prevent vehicle stacking back onto the readways. The Winchester Road access will be shared with the undeveloped portion of the site north of the senior apartments when it is dev. eloped. Caltrans has consented to this access on the condition that it is right-in and right-out only. The applicant is currently in the process of securing the design standard and proper permits from Caltrans. Four buildings make up this complex (reference Exhibit D). The main building, is a two story building and is located on the corner of Nicolas and Winchester Roads and is the largest with an east and west wing. Each wing is rectangularity shaped with an internal courtyard. Building two is located to the west of building one and is an "L" shaped three story structure. To the north, buildings 'three and four are placed at angles away for the center of building one providing an internal space between the three buildings. In this area are a pool, spa, patio, and. garden areas. Access to all of the apartments will be from inside the structure with outside access at the ends or the middle of the building. No units are .designed to have direct outside entries. Courtyards, patios, and walkways will connect the buildings. The walkways meander between the buildings through gardens and landscaped areas. Building two is located adjacent to a putting green. Between buildings two and three and three and four are decorative patio areas that function as entry points into the complex and provide access for emergency services. Parking Analysis The City's Development Code requires ~ covered spaces per unit (244 / ¼ = 122) and one uncovered space per five units for guest parking (244 / 5 = 49). As designed the applicant is proposing 122 covered stalls, 8 handicapped and 153 additional stalls for a total of 283 parking stalls. The site provides 112 more parking stalls than required. The applicant indicates that they need one space for each unit in the complex and that reduces the number of extra spaces down to thirty-nine. R:\STAFFRPT~511 ~512pa98 pc2a.doc 4 Architecture & Colors The design of the apartments takes elements of the "Craftsman" style with clean lines, exposed beams, low sloping roofiines with gables, and neutral tones. The fascias of the buildings will be finished with a wood float stucco finish in light shades of gray, beige, and tan. To add relief, the exterior walls will have multiple planes giving the building fascia depth. The windows will be recessed and the second and third floors will appear to step back from the lower floors., Each unit will have either a patio or a balcony with stucco walls on the ground floor patios'~nd wrought iron on the upper floor balconies. Building one is the main building with its entry facing the driveway from Nicolas Road. A 'fountain will be the focal point into the building. Stacked sandstone veneer will enhance this entrance and the other entry points around the buildings. Roof colors will be a mix of light and dark grays and grayish-tan concrete tiles. The exposed wood fascia and outlooker beams will be finished with light olive green for accent coloring. As designed, the building will be very distinctive and appealing. The carports proposed are post and beam design with a metal. trimmed roof that will have a finished color to match the building stucco color. Staff felt that the carports should incorporate some additional features such as the outlookers and utilize accent colors used on the main building. The applicant has requested to maintain the simple unaccented look of the carport so that they are less noticeable. Some of the carports are located along Winchester and Nicolas Roads were they will be visible. Staff has added a condition of approval to assure that-the styling of the carports be more articulated to be consistent with the main building. Landscapinq Thirty-five percent (35.66%) of the site has been landscaped. This exceeds the twenty-five percent minimum landscaping requirement in the PO (Professional-Office) zone. The bulk of the landscaping is provided along the two street frontages (Winchester Road and Nicholas Road) and around the. perimeter of the buildings. A twenty-five foot landscape buffer has been provided between the streets and the buildings. The street trees will be African Sumac (Rhus lances) and dominant trees throughout the property are Carrotwood (Cupaniopsis Anacordioides), California Sycamore (Pantanus Racemosa), African Sumac (Rhus Lancea), and Bottle Tree (Brachychiton Populneus). Additional landscaping is provided between the buildings including landscaped paths and gardens and two landscaped courtyards in building one. Traffic Study The Commission directed staff to address the following concems pertaining to tra~c. The following information was gleaned from a traffic study prepared by the applicant. 1. Compatibility with Chaparral High School: According to the study, traffic at the "high school is a discreet and predictable event that happens during the same time every weekday." The peak traffic is from 7:00-7:15 AM in the morning and 2:30-2:45 PM in the afternoon. When the high school is at full capacity and the senior apartments are in full operation the peak traffic volumes indicate that left turn movements into the student parking lot at the high school will be at level "C". This is the lowest rating at any driveway during the entire day. R:\STAFFRP'r%511-512pa98 pc2a.doc 5 2. Senior Housing -vs- Business Park Uses: The study also provides a comparative assessment of the volume of traffic that could be generated under the Business Park designation. The study indicates that the trip generation for the .senior apartments would be 890 trips per day while business park uses could be 1,218 tdps per day. The comparative study further analyzes the AM and PM peak hours. According to the study, the AM peak traffic hour would have 11 tdps for senior housing versus 135-in-bound trips for Business Park uses. The afternoon traffic is negligible · because the senior housing's peak PM traffic occurs later than the school's mid-afternoon peak, Therefore, the peak AM traffic would have the greatest direct conflict with the' high school.. In summary, the traffic study concludes: 1 ) only two shod (30 minutes) peak traffic times will occur on Nicolas Road during the AM & PM hours; 2) the senior apartments will generate only six to nine outbound trips per hour; and 3) other potential uses found under the Business Park designation would generate more traffic than senior housing dudrig peak commuter periods. ENVIRONMENTAL DETERMINATION An Initial Study has been prepared for this project. The Initial Study determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval for the project. Any impacts will be mitigated to levels less than significant. In addition, because the site has been previously disturbed, it contains no biological resources. As a result staff is recommending that a De Minimus Impact Finding be made. EXISTING GENERAL PLAN AND ZONING DESIGNATION The current General Plan land use designation and the zoning classification is Business Park (BP). Planning Application PA98-0511 (Zoning Amendment) is proposing to amend the Zoning Map, for the requested 12.3 acres, to Planned Development Overlay (PDO-3). SUMMARY/CONCLUSIONS The development of the requested senior housing complex (PA98-0512) requires a change to the City's Zoning Map and amendment to the Development Code. By changing the designation (PA98- 0511 ) from Business Park to Planned DevelOpment Overlay many of the least intensive uses currently allowed will be permitted including senior housing. This project provides a specialized housing need in the community that is not being met elsewhere. Converting this site to a residential use is consistent with the varied mix of surrounding uses. Additionally, this site is in proximity to a wide variety of community services that will be convenient to the future residents. Therefore, the proposed Zoning Amendment (PA98-0511 ) will create zoning that is compatible with the surrounding land uses without impacting the community. The Development Plan (PA98-0512) for senior housing can be considered compatible and consistent with the surrounding area of Nicolas Road and Winchester Road. With the approval of the Zoning Amendment the proposed project will therefore be consistent with the City's General Plan and Development Code. Staff, therefore, recommends that the Planning Commission recommend approval of PA98-0511 (Zoning Amendment) to the City' Council and approve PA98-0512 (Development Plan) for a senior housing project. R:\STAFFRPT~511-512pa98 pc2aodoc 6 FINDINGS -ZONING AMENDMENT The Planning Commission, in recommending approval of this Zoning Amendment- Planned Development Overlay, makes the following findings: The change is compatible with the health, safety and welfare of the community. Planning Application No. PA98-0511 (Zoning Amendment) as proposed is compatible with 'the health, safety and welfare of the community, The change in land use is in conformance with all applicable requirements of State law and other Ordinances of the City, . The change is consistent with the General 'Plan Land Use Map. The General Plan Land Use Designation is Business Park and the requested Zoning Amendment will change the zoning to Planned Development Overlay, which is consistent with the amended General Plan Land Use Map. The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed amendment will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan· FINDINGS -DEVELOPMENT PLAN The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project is consistent with all City Ordinances, including; the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. The overall development of the land is designed for the protection of the public health, safety and welfare. The project as proposed complies with all City Ordinances and meets thestandards adopted by the City of Temecula designed for the protection of the public health,-safety and welfare. An Initial Study was prepared for the project and has determined that, although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and street improvements.have already been installed on site. There are no native. species of plants, no unique, rar. e, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. R:\STAFFRPT~511-512pa98 pc2a,doc 7 Attachments: 4. 5. 6. PC Resolution No. 99- - (PA98-0511 ) - Blue Page 9 Exhibit A - (Draft Ordinance No. 99- ) - Blue Page 13 Exhibit A - Vicinity Map - Blue Page 17 Exhibit B - Planned Development Overlay District No. 3 - Blue Page 19 PC Resolution No. 99- - (PA98-0512) - Blue .Page 29 Exhibit A - Conditions of Approval - Blue Page 33 Initial Environmental Study - Blue Page 46 Mitigation Monitoring Program - Blue Page 67 Correspondence - Blue Page 73 Exhibits - Blue Page 74 A. Vicinity Map B. Zoning Map C. General Plan D. Site Plan E. Elevations F. Landscape Plan G, Floor Plans H. Rendering R:\STAFFRPT~511-512pa98 pc2a.doc 8 ATTACHMENT NO. 1' PC RESOLUTION NO. 99- R:'~STAFFRP'1~511-512pa98 pc2a,doc ATTACHMENT NO. 1 PC RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA' AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA CITY FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY; ALSO KNOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT PA9'8- 0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085. (PLANNING APPLICATION NO. PA98-0511 )" WHEREAS, Curt Miller, of Pacific Gulf Properties, Inc., initiated Planning Application No. PA98-0511, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Applicatiori'No. PA98-0511 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Applications No. PA98-0511 and PA98-0512 on March 17, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the Planning Commission continued Planning Applications No. PA98:0511 and PA98-0512 to April 21, 1999, to allow the applicant time to address concerns and issues raised at the March 17, 1999, Planning Commission Hearing; WHEREAS, the Applicant withdrew the request for a General Plan Amendment, opted to pursue a Planned Overlay District, and requested that Planning Applications PA98-0511 and PA98- 0512 be continued off calendar while revisions were being made; WHEREAS, the Planning Commission re-considered Planning Application No. PA98-0511 on June 2, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning AppliCation No. PA98-0511; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:\STAFFRP~511-512pa98 pc2a.doc 10 Section 2. Findings. A. The Planning Commission, in recommending approval of this General Plan Amendments, make the following findings: B. The Planning Commission, in recommending approval of this Zoning Amendment, Planned Development Overlay, makes the following findings: 1. The change is compatible with the health, safety and welfare of the community. Planning Application No. PA98-0511 (Zoning Amendment) as proposed is compatible with, the health, safety and .welfare of the community. The change in land use is in c0nf. ormance with all applicable requirements of State law and other Ordinances of the City. 2. The change is consistent with the approved revisions to the General Plan Land Use Map. The General Plan Land Use Designation is Business Park and the requested Zoning Amendment will change the zoning to Planned Development Overlay, which is consistent with the amended General Plan Land Use Map. 3. The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed amendment will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. 'Section 3. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally anticipated for the City General Plan. Two areas, circulation, and air quality impacts, are expected to see small reductions in the anticipated environmental impacts because there are fewer trips generated by senior housing than' that potentially generated by professional offices. As a result, the Planning Commission determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 4. The City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA98-0511 (Zoning Amendment) and recommends that the City Council do the following: A. Adopt an Ordinance entitled "An Ordinance of the City Council of the City of Temecula. Amending the Zoning Map of the City of Temecula City for Property known as Lots 166 and 181 of the Temecula Land and Water Company, also Parcel "A" of Lot Line Adjustment PA98- 0477, previously Assessor's known as Assessor's Parcel No. 911-170-078 and 911-170-085 (Planning Application No. PA98-0511 )" substantially in the form that is attached to this Resolution as Exhibit A. R:\STAFFRPT~511-512pa98 pc2a.doc 11 PASSED, APPROVED, AND ADOPTED this 2"d day of June 1999. Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 2nd .day of June, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRP~511-512pa98 pc2a.doc 12 EXHIBIT A DRAFT ORDINANCE NO. 99- R:\STAFFRPT~511-512pa98 pc2a.doc . 13 EXHIBIT A ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT CODE OF THE CITY OF TEMECULA CITY FOR · PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY; ALSO KNOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT PA98-0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 AND 911-170-085 (PLANNING APPLICATION NO. PA98-0511 ) THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California? pursuant to the. Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The changes to the land use district as shown on the attached Exhibit "A" is hereby approved and ratified as part of the Official Zoning Map, and Exhibit "B" is hereby approved and ratified as part of the Official Development Code for the City of Temecula as adopted by the City and as many be amended hereafter from time to time by the City Council of the City of Temecula. The City of Temecula Official Zoning Map is amended by placing in affect the zones as described in Planning Application PA98-0511 and listed below: A. For the parcels identified as Parcel "A" of Lot Line Adjustment PA98-0477, previously Assessor's known as Assessor's Parcel No. 911-170-078 and 911-170-085: change the Zoning Designation from Planned Development Overlay (PDO) to Professional Office (PO); and, Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Findings The City Council, in approving Planning Application No. PA98-0511 (Zoning Amendment) hereby makes the following findings: A. The change is compatible with the health, safety and welfare of the community. Planning Application No. PA98-0511 (Zoning Amendment) as proposed is compatible with the health, safety and welfare of the community. The change in land use is in conformance with all applicable requirements of State law and other Ordinances of the City. B. The change is consistent with the approved revisions to the General Plan Land Use Map. The General Plan Land Use Designation has been changed to Professional Office and the requested Zoning Amendment will change the zoning to Professional Office, which is consistent with the amended General Plan Land Use Map. R:\STAFFRPT~511-512pa98 pc2a.doc 14 C. The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed amendment will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. Section 4. Taking Effect. This ordinance shall take effect 30 days after the date of its ado_ption. Section 5. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the-City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally anticipated for the City General Plan. Two areas, circulation, and air quality impacts, are expected to see small reductions in the anticipated environmental impacts because there are fewer trips generated by senior housing than that potentially generated by professional offices. As a result, the Planning Commission determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 6. 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. 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. R:\STAFFRPT~511-512pa98 pc2a.doc 15 Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this __ day of ,1999. ATTEST: Steven J. Ford, 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 , 1999, 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 ,1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\STAFFRP~511-512pa98 pc2a.doc 16 EXHIBIT A VICINITY MAP R:\STAFFRPT~511-512pa98 pc2a.doc 17 EXHIBIT A CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0511 (Zoning Amendment - Planned Development Overlay PDO-3) EXHIBIT A PLANNING COMMISSION DATE - June 2, 1999 VICINITY MAP R:\STAFFRPT~511-512pa98 pc2a.doc 18 EXHIBIT B PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 3 R:~,STAFFRPT~511-512pa98 pc2a.doc 19 · NICOLAS/WINCHESTER PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.120 Title Sections 17.22.120 through 17.22.128 shall be known as "PDO-3" (NicolasANinchester Planned Development Overlay District). 17~22.122 Purpose and intent The NicolasNVinchester'Planned Development Overlay District (PDO-3) is intended to provide regulations for the safe and efficient operation, and creative design of a unique commercial area within the city. The area is significantly constrained with easements, flood plains, potential fault zones, and adjacent residential development. This special overlay zoning distdct regulation is intended to permit a range of neighborhood convenience uses, with selected outdoor storage and other appropriate rural serving commercial uses. Supplemental performance standards have also been provided to ensure compatibility with the adjacent neighborhoods and to protect adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially objectionable impacts. It is the intent of the City to use these special regulations to supplement the regulations of land uses and development already existing within the adopted Developmen[ Code. 17.22.124 Relationship with the Development Code and Citywide Design Guidelines A. The list of permitted, conditionally permitted, and prohibited uses for the NicolasNVinchester Planned Development Overlay District is contained in Table 17.22.126. B. Except as modified by the provisions of Sectior~ 17.22.128, the following rules and regulations shall apply to all planning applications in this area. 1. The development standards in the Development Code that would apply to anydevelopment within a Noighborhood Commcrcial zoning district that are in effect at the time an application is deemei:l complete. 2. The cityWide Design Guidelines that are in effect at the time an application is deemed complete. 3. The approval requirements contained in the Development Code'that are in effect at the time an application is deemed complete. 4. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.126 Use Regulations The list of permitted land uses for the Nicolas/Winchester Planned Development Overlay district is contained in Table 17.22.126. Where indicated with a letter "P" the use shall be a permitted use. A letter ~'C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a "-", the use is prohibited within the zone. R:\STAFFRP'R511-512pa98 pc2a.doc 20 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use A Adult business _ Aerobicsldancelgymnasticsljazzerciselmartial ads studios (less than 5,000 sq: ft.) C Aerobics/dance/gymnastics/jazzercise/martial arts'studios (greater than 5,000 sq. ft.) - Airports _ Alcoholism or drug treatment facilities Alcohol and drug treatment (outpatient) Alcoholic beverage sales Ambulance services Animal hospital (indoor only) Antique restoration Antique sales Apparel and accessory shops Appliance sales and repairs (household and small appliances) - Arcades (pinball and video games) _ Art supply stores _ Auction houses _ AuditoriUms and conference facilities _. Automobile Automobile Automobile Automobile Automobile Automobile Automobile Automobile Automotive Automotive car wash dealers (new and used) sales (brokerage)-showroom only (new and u'sed)-no outdoor display Oil Change/Lube Services with no major repairs painting and body shop repair services rental salvage yards/impound yards service stations with or without an automated car wash parts -sales service stations selling beer and/or wine -with or without an automated Bakery goods distribution Bakery retail Bakery wholesale Banks and financial institutions B R:\STAFFRPT%511-512pa98 pc2a.doc 21 J. PDO-3 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Barber and beauty shops 'Bed and breakfast Bicycle (sales, rentals, services) Billlard parlor/pool hall Binding of books and similar publications Blood bank Blueprint and duplicating and copy services Bookstores Bowling' alley Building material sales Butcher shop Cabinet shop Camera shop (sales/minor repairs) Candy/confectionery sales Car wash, full service Carpet and rug cleaning Catering services Clothing-sales. Coins, purchase and sales Cold storage facilities Communications and microwave installations Communications equipment sales Community care facilities Computer sales and service Congregate care housing for the elderly~ Construction equipment sales, service or rental Contractor's equipment, sales, service or rental Convenience market Costume rentals Crematoriums Cutlery Data processing equipment and systems R:\STAFFRP"R511-512pa98 pc2a.doc Description of Use C D 22 I PDO-3 P P P P P P P I P Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District 'Day cam centers Delicatessen Discount/department store Distribution facility' Drug store/pharmacy Dry cleaners Dry cleaning plant Description of Use E Emergency shelters Equipment sales and rentals (no outdoor storage) Equipment sales and rentals (outdoor storage) F Feed and grain sales Financial, insurance, real estate offices Fire and police stations Floor covering sales Florist shop Food processing Fortune telling, spiritualism, or similar activity Freight terminals Fuel storage and distribution Funeral parlors, mortuary Furniture sales Furniture transfer and storage G Garden supplies and equipment sales and service Gas distribution, meter and control station General merchandise/retail store less than 10,000 sq. ~. Glass and mirrors, retail sales Governmental offices less than 5,000 sq. ~. Grocery store, retail : Grocery store, wholesale Guns and firearm sales I.PDO-3. C .P P P R:\STAFFRPT~511-512pa98 pc2a.doc . 23 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use H Hardware stores Health and exercise clubs (les~ than 5,000 sq. ft.) P Health and exercise clubs (greater than 5,000 sq. ft.) Health food store - Health care facility P Heliports - Hobby supply shop - Home and business maintenance service - Hospitals - Hotels/motels - Ice cream parlor Impound yard Interior decorating service Junk or salvage yard J K Kennel L Laboratories, film, medical, 'research 'or testing centers Laundromat Laundry service (commercial) Libraries, museums and galleries (private) Liquefied petroleum, sales and distribution Liquor stores Lithographic service Locksmith Machine shop Machinery storage yard Mail order businesses M PDO-3 P R:\STAFFRPT~511-512pa98 pc2a.doc 24 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use I PDO-3 Manufacturing of products similar to, but not limited to, the Following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, s~orage and wholesaling from the premises of unrefined, raw Dr semirefined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft. with no outside storage Massage Medical equipment sales/rental Membership clubs, organizations, lodges Mini-storage or mini-warehouse2 Mobile home sales and service Motion picture studio Motorcycle sales and service Movie theaters Musical and recording studio Nightclubs/taverns/bars/dance club/teen club Nurseries (retail) Nursing homes/convalescent homes N O Office equipment/supplies, sales/services Offices, administrative or corporate headquarters with greater than 50,000 sq. ft. P C C P P R:\STAFFRP'R511-512pa98 pc2a.doc 25 -' Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use Offices, professional services with less than 50,000 sq. ft., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, 'architectural, p engineering, real estate, insurance. P Paint and wallpaper stores Parcel .delivery services Parking lots and parking structures Pawnshop Personal service shops Pest control services Pet grooming/pet shop Photographic studio Plumbing supply yard (enclosed or unenclosed) Postal distribution Postal services Printing and publishing (newspapers, periodicals, books, etc.) Private utility facilities (Regulated by the Public Utilities Commission) Q Reserved ' R Radio and broadcasting studios, offices Radio/television transmitter Recreational vehicle parks Recreational vehicle sales Recreational vehicle, trailer, and boat storage within an enclosed building Recreational vehicle, trailer and boat storage-exterior yard Recycling collection facilities Recycling processing facilities Religious institution, without a day care or private school Religious institution, with a private school Religious institution, with a day care Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business)' PDO-3 P R:\STAFFRP'R511-512pa98 pc2a.doc 26 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use I PDO-3 Residential, multiple-family housing - Restaurant, drive-in/fast food - Restaurants and other eating establishments P Restaurants with lounge or live entertainment - Retail support use (15 percent of total development square footage in BP and LI) - Rooming and boarding houses - S Scale, public Schools, business and professional Schools, private (kindergarten through Grade 12) Scientific research and development offices and laboratories Senior citizen housing (see also congregate care)3 Solid waste disposal facility Sports and recreational facilities Swap Meet, entirely inside a permanent building Swap Meet, outdoor Swimming pool supplies/equipment sales Tailor shop- Taxi or limousine service Tile sales Tobacco shop Tool and die casting Transfer, moving and storage Transportation terminals and stations Truck rentals (no sales or/service) TVNCR repair Upholstery shop rending machine sales and service Warehousing/distribution T U V W P P P P P R:\STAFFRPT~511-512pa98 pc2a.doc 27 Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas & Winchester Roads Planned Development Overlay District Description of Use Watch repair Wedding chapels Welding shop Welding supply and service (enclosed) Reserved Reserved Y Z See Section 17.06.040. Dwelling units per net acre, High Density Residential PDO-3 See Section 17.080.050(R), special standards for self-storage or mini-warehouse facilities. 17.22.128 Supplemental Design and Setback Standards A. All development within PDO-3 shall also comply with the following supplemental buffering requirements: 1. When adjacent to residential uses: a transitional landscaped area, not less than five feet in width shall be installed. The landscaping shall include (at a minimum) trees, shrubs, and appropriate ground cover and should be located outside of the walls used to screen these commercial uses. R:\STAFFRPT~511-512pa98 pc2a.doc 28 ATI'ACHMENT NO. 2 PC RESOLUTION NO. 99- R:\STAFFRPT~I 1-512pa98 pc2a.doc 29 ATI'ACHMENT NO. 2 PC RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0512 (DEVELOPMENT PLAN) A PROPOSAL TO BUILD A 244 UNIT SENIOR HOUSING COMPLEX WITH TWO AND THREE STORY APARTMENT BUILDINGS ON 8.3 ACRES;. LOCATED ON THE NORTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD,. KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY; ALSO KNOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT PA98-0477, PREVIOUSLY ASSESSOR'S PARCEL NO. 911-170-078 and 911 - 170-085 WHEREAS, Curt Miller, of Pacific Gulf Properties, Inc.,.~led Planning Application No. PA98- 0512, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0512 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Applications No. PA98-0511 and PA98-0512 on March 17, 1999, at a duly noticed public he.adng as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the Planning Commission continued Planning Applications No. PA98-0511 and PA98-0512 to April 21, 1999, to allow the applicant time to address concerns and issues raised at the March t 7, 1999, Planning Commission Hearing; WHEREAS, the Applicant withdrew the request for a General Plan AmendmenL opted to pursue a Planned Overlay DiStrict, and requested that Planning Applications PA98-051,1 and PA98- 0512 be continued off calendar while revisions were being made; WHEREAS, the Planning Commission considered Planning Application No. PA98-0512, on June 2, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission headng and after due consideration of the testimony, the Commission approved Planning Application No. PA98-0512; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:\STAFFRPT~511-512pa98 pc2a.doc 30 Section 2. Findings. The Planning Commission, in approving Planning Application No. PA98-0512 (Development Plan) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project is consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar 'Lighting Ordinance), and the City's Water Efficient Landscaping provisions. B. The overall development of the land is designed for. the protect. ion of the public health, safety and welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. C. An Initial Study was prepared for the project and it has determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. D. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and streetscape installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Section 3. Environmental Compliance. An Initial Study was prepared for this project and indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described ih the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration with a DeMinimus impact finding, therefore, is hereby adopted.. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA98-0512 (Development Plan) a proposal to build a 244 unit senior housing complex with two and three story apartment buildings on 8.3 acres, located at the northeast corner of Nicolas Road and Winchester Road, and known as Parcel "A" of Lot Line Adjustment PA98-0477, previously assessor's parcel no. 911-170-078 and 911-170- 085, and subject to the project specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference. R:\STAFFRPT~511-512pa98 pc2a.doc 31 PASSED, APPROVED AND ADOP'I:ED this 2nd day of June, 1999. Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 2nd day of June, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISS'IONERS: Debbie Ubnoske, Secretary R:\STAFFRP~511-512pa98 pc2a.doc 32 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFRPT%511-512pa98 pc2a.doc . 33 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA98-0512 (Development Plan) Project Description: A proposal to build a244. unit senior housing complex with. two and three story apartment-buildings on 8.3 acres. LOcated on the northwest corner of Nicolas Road and Winchester Road. Development Impact Fee Category: Multi-Family Assessor's Parcel No.: Approval Date: Expiration Date: 911-170-078 and 911-170-085 June 2, 1999 June 2, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this' Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period {he applicant has not delivered to the Community Development Department - Planning Division the check as required above,' the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality-thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take,any and,all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:\STAFFRP~511-512pa98 pc2a.doc 34 This development plan approval date is contingent upon City Council approval of the Zoning Amendment and the date the implementing ordinance goes into effect. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. o The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. The development of the premises shall conform substantially to Exhibit D (Site Plan), approved with Planning Application No. 98-0512, or as amended by these conditions. The development of the building shall conform substantially to Exhibit E (Elevations), approved with Planning Application No. 98-0512, or as amended by these conditions. o Landscaping shall conform substantially with the approved Conceptual Landscape Plan, Exhibit F, or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the satisfaction of the Planning Manager and the Development Code. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. , The colors and materials used for this industrial building shall conform substantially to the approved color and material board, or as amended by these conditions. Material Color Exterior Plaster in wood float sand finish Wood Fascia and exposed wood trim Accent Color on handrails,' gutters & downspouts Tile Roof La Habra Plaster Co. #x9511 .(grey) La Habra Plaster Co. #x3713 (beige) La Habra Plaster Co. #x80220 (tan) Olympic Satin "Outside White" Frazee 4904D (light olive green) Pioneer Concrete Roof Tiles WS-503 (dark grey) Pioneer Concrete Roof Tiles WS-516 (medium grey) Pioneer Concrete Roof Tiles WS-472 (tan/grey) Prior to the Issuance of Grading Permits 10. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints each of the Color and Materials Board and the colored architectural Elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 11. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. R:\STAFFRP~511-512pa98 pc2a.doc 35 12. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. Prior to the Issuance of Building Permits 13. 14. Lot Line Adjustment PA98-0477 shall be recorded. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. 15. The carports shall be redesigned to include architectural elements and color enhancements similar to the main structures. 16. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 17. 18. The perimeter landscaping shall provide shrubs, berms and/or walls to screen the parking areas. Three (3) copies of detailed Construction Landscaping, and Irrigation Plans shall be submitted to the Planning Department for review approval. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance and conform substantially to the approved Exhibit "F" Conceptual Landscape Plan or as amended by these conditions. The cover page shall identify the total square footage of the landscaped area for the site. The.plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total.. cost estimate of plantings and irrigation (in accordance with the approved plan). Prior to the Issuance of. Occupancy Permits 19. 20. The development of a bus stop as requested by the Riverside Transit Authority shall be done so at no expense to the City. The developer shall be responsible for obtaining all required encroachment permits. Separate building permit applications for the installation of signage shall be submitted in conformance with City Ordinances, Design Guidelines, and Development Code. 21. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Performance securities, in amounts to be determined by the Planning Manager, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plans, shall be filed with the Community Development Department - Planning Division .for one year'from final certificate of occupancy. After that year, if the R:\STAFFRPT~511-512pa98 pc2a.doc 36 landscaping and irrigation system have been maintained in a condition .satisfactory to the Planning Manager, the bond shall be released. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed re~ectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a. minimum ' height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each .entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000.". ' In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. BUILDING AND SAFETY DEPARTMENT 24. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 25. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not-to shine directly upon adjoining property or public rights-of-way. 26. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 27. Obtain all building plans and permit approvals prior to commencement of any construction work. 28. The Occupancy classification of the proposed buildings shall be R-1. 29. Obtain street addressing for all proposed buildings prior to submittal for plan review. 30. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 31. Provide disabled access from the public way to the main entrance of the building. 32. Provide van accessible parking located as close as possible to the main entry. R:\STAFFRPT~511-512pa98 pc2a .doc 37 33. Show path of accessibility from parking to furthest point of improvement. 34. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 35. Restroom fixtures, number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 36. 37. Provide an approved automatic fire sprinkler system. Provide appropriate stamp of a registered professional with originar signature on plans submitted for plan review. 38. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 39. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 40. 41. Provide precise grading plan for plan check submittal to check for handicap accessibility. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 42. Trash enclosures, patio covers, light standard and any block walls require separate approvals and permits PUBLIC WORKS DEPARTMENT 43.. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to .any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 44. A Grading Permit for either rough and/or precise grading, including all on-site fiat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 45. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 46. An Encroachment Permit shall be obtained from the Califomia Department of Transportation prior to commencement of any construction within an existing or proposed State Right-of- Way. 47. The vehicular movement for the driveway on Winchester Road is restricted to right in/right out. R:\STAFFRP'R511-512pa98 pc2a.doc 38 48. All improvement plans, grading plans'shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 49. A copy of the grading, improvement plans, along with supporting hydrologic'and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water- Conservation District for approval prior to the issuance of any permit. 50. A permit from Riverside County Flood Control and Water Conservation District is i'equired for work within their Right-of-Way. 51. A permit from Army Corps of Engineers is required for any work within the Santa Gertrudis Channel. 52. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 53. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion' control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 54. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 55. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 56. The Developer must comply with the requirements of the National Pollutant Dischai'ge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 57. The Developer shall obtain an encroachment permit from Caltrans prior to commencement of any construction, including the proposed driveway, within the existing State Right-of- Way. 58. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: R:\STAFFRPT~511-512pa98 pc2a.doc 39 'a. San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Army Corps of Engineers Planning Department 59. Permanent landscape and irrigation plans shall be submitted to the. Planning Department and the Department of Public Works for review and approval. ' 60. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 61. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 62. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 63. Improvement plans and/or precise grading plans shall conform to applicable City of Temecuta Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P,C.C. and 1.00% minimum over A.C. paving.. Driveways 'shall Conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 401. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 64. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: R:\STAFFRPT~511-512pa98 pc2a.doc 40 Improve Winchester Road (Urban Arterial Highway Standards - 134' R/W) to include installation of sidewalk, street lights and utilities (including but not limited to water and sewer. 65. The Developer shall construct the following public improvements in conformance with applicable Standards and subject to approval by the Director of the Department of Public Works. Street improvements, which may include, but not limited to: sidewalks, drive approaches and street lights Storm drain facilities Sewer and domestic water systems 66. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works. 67. All access rights, easements for sidewalks for public uses shall be submitted to and approved by the Director of the Department of Public Works for dedication to the City where sidewalks meander through private property. 68. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 69. The Developer shall obtain an easement for ingress and egress over the adjacent property. 70. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 71. The existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended to allow a dght in/right out vehicular movement onto Winchester Road. 72. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 73. Corner property line cut off shall be required per Riverside County Standard No. 805. 74. All public improvements, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. R:\STAFFRPT~511-512pa98 pc2a.doc 41 75. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired. or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 76. 77. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the Uniform Building Code (UBC), Uniform Fire Code (UFC), and related codes which are in force at the time of building plan submittal. The Fire Prevention Bureau is r~quired to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 2000 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 2400 GPM with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (UFC 903.2, Appendix Ill.A) 78. The Fire Prevention Bureau is required to set minimum fire hydrant distances per UFC Appendix Ill.B, Table A-IIIoB-1. A combination of on-site and off-site super fire hydrants (6" x 4" × 2-2 "outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be, spaced at 450 feet apart and shall be located no more than 225 feet from any point on the street or Fire Department access rOad(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (UFC 903.2, 903'.4.2, and Appendix Ill-B). 79. As required by the Uniform Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (UFC 903.2). 80. If construction is phased, each phase shall provide approVed access and fire protection prior to any building construction. (UFC 8704.2 and 902.2.2) 81. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 70,000 Ibs GVW. (UFC 8704.2 and 902.2.2.2). 82. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any R:\STAFFRP'R511-512pa98 pc2a.doc 42 portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 70,000 Ibs. GVW with a minimum AC thickness of .25 feet. ( UFC sec 902 and Ord 95-15). 83. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (UFC 902.2.2.1 and Ord 95-15). 84. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (UFC 902.2.2.4). 85. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (UFC 902.2.1). 86. Prior to 'issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (UFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ). 87. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (UFC 901.4.3). 88. Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building..The numerals shall be minimum twelve (12) inches in height for buildings and six (6)inches for suite identification on a' contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (UFC 901.4.4 and Ord 95-15). 89. Prior to issuance of a Certificate of Occupancy' or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 90. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10, UBC Chapter 9 and Ord 95-15). 91. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alar. m system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10). R:\STAFFRPT~511-512pa98 pc2a.doc 43 92. 93. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (UFC 902.4). All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (UFC 902.4) TEMECULA COMMUNITY SERVICES' DEPARTMENT The TCSD has reviewed the aforementioned development plan and conditions the project as follows: General Conditions: 94. 95. Prior to installation of arterial street lighting, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said street lighting into the respective TCSD maintenance program. During construction, the developer shall provide temporary measures acceptable to the Department of Public Works for the protection of the Santa Gertrudis Recreational Trail from any silt, drainage, or other construction debris. 96. All parkway landscaping and slope areas adjacent to the development shall be maintained by the property owner. Prior to Issuance of Building Permits: 97. The developer shall satisfy the City's parkland dedication requirement through the payment of in-lieu fees equiyalent to 1.43 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 50% credit for private recreational opportunities provided on-site and shall be pro-rated at a per dwelling unit cost prior to the issuance of each building permit .requested.. Prior to Certificate of Occupancy: 98. The developer shall provide permanent measures acceptable to the Department of Public Works for the protection of the Santa Gertrudis Recreational Trail from silt and drainage. OTHER AGENCIES 99. Flood protection shall be provided in accordance withthe Riverside County Flood Control District's transmittal February 18, 1999, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area d rainage plan fee. 100. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal January 7, 1999, a copy of which is attached. R:\STAFFRPT~511-512pa98 pc2a.doc 44 101. 102. 103. 104. 105. The applicant shall comply with the recommendations set forth in the Rancho California Water Districts transmittal January 11, 1999, a copy of which is attached. The applicant shall comply with the recommendations set forth in Eastern Information Centers transmittal January 11, 1999, a copy of which is attached. The applicant shall comply with the recommendations set forth in Riverside Transit Agency transmittal January 12, 1999, a copy of which is attached. The applicant shall comply with the recommendations set forth in CALTRANS transmittal February 37 1999, a copy of which is attached. The applicant shall comply with the recommendations set forth in CALTRANS transmittal February 17, 1999, a copy of which is attached. By placiag my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to' the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed R:\STAR~RP'R511-512pa98 pc2a.doc 45 DAVr-D P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February18,1999 1995 MARKET STREET RIVERSIDE, CA 92501 909/955 - 1200 909/788-9965 FAX Mr. Thomas Thomsley City. of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Thomsley: Re:' PA 98-0512 The District does not normally recommend conditions for land divisions. or other land use cases in incorporated Cities. The District also does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue. PA 98-0512 is a proposal for a development of a 244 unit senior apartment complex with two and three story buildings on an 8.13 acre lot located on the northeast comer of Winchester Road and Nicholas Road. This project is adjacent to Santa Gertrudis Channel. The applicant should ensure that the grading of the site would not create a levee condition in relationship to the channel. If a levee condition is created it would jeopardize the District's CLOMR-#91-09-48R for Santa Gemdis Channel. Any work that involves the District's right of way, easements or facilities, will require an encroachment permit fi'om the District. The City should condition the applicant to provide all studies, calculations, plans or other information needed to meet FEMA requirements. This project is located within the limits of the District's Murrieta Creek/Santa Gertrudis Creek Area Drainage Plan for which drainage fees have been adopted. Applicable fees should be paid to the Flood Control District, at the time of issuance of building and grading permits. i~' ~ rB ~' 2 3 s999 Mr. Thomas ThornsIcy '2- Re: PA 98-0512 February 18, 1999 Questions regarding this matter may be directed to me at 909/955-1214. Very truly yours, STUARTE. MCKIBBIN Senior Civil Engineer SM:mcv PC\55938 TO: FROM: COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: January. 7, 1999 CITY OF TEMECULA PLANNING DEPARTMENT 'LC~~as T~o , nmental Health Specialist III.. PLOT PLAN NO. PA98-0512 The Department of Environmental Health has reviewed the Plot Plan PA98-0512 and has no objections. Sanitary sewer and water services may be available in this area. PRIOR TO ANY PLAN CHECK SUBMITTAL for health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 694-5022. " c) A clearance letter from the Hazardous Services Materials Management Branch (909) 694-5055 will be required indicating that the project has been cleared for: · Underground storage tanks, Ordinance #617.4. · Hazardous Waste Generator Services, Ordinance #615.3. · Hazardous Waste Disclosure (in accordance with Ordinance #651.2). · Waste reduction management. 3. Waste Regulation Branch (Waste Collection/LEA). CH:dr (909) 955-8980 NOTE: Any current additional requirements not covered, can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson stand3b.doc W ter Board or Directors: Ralph H, Daily Doug Kulberg St. Vice President Lisa D. Herman Csaba F. Ko Scott A. Mclntyre Jeffrey L, Minkler George M. Woods Officers: John F. Hennigar General Manager Phillip L. Forbes Direcwr of Finance- Treasurer E. P. '~ob" Lemons Director of Eng~neenng Kenneth C. Dealy Director of Operations & Maintenance Perry fL Louck Controller Linda M. Frsgoso Di'stnct Secretary/Admtnistrauve Services Manager C. Michael Cowett Best Best & Krieger LLP General Counsel Janua~ 11,1999 Thomas Thornsley, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PORTION OF LOT NO. 181 MAP BOOK 8, PAGE 359, SAN DIEGO APN 911-170-085 AND APN 911-170-078 PLANNING APPLICATION NO. PA98-0512 Dear Mr. Thornsley: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency A~reement which assigns water management rights, if any, to RCWD. ~ you h--v" on,, questiens, p!ease "ont~,'t an Engineering S"n,ir'=s Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 99\SB:mc011 ~F012-T6/FCF C: Laurie Williams, Engineering Services Supervisor Ran6ho California Water District 42135 Winchester Road · Post Office Box 9017 · Temecula. California 92589-9017 · t909~ 676-4101 · F,~X '909) 676-0615 CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM ilJ~'EI~IDE Eastern InformaUon Center Department of Anthropology University of California Riverside, CA 92521-0418 Phone (909) 787-5745 Fax (909) 787-5409 January 1!, 1999 Thomas Thomsley City of Temecula Planning Department P. O. Box 9033 Temecula, CA 92589-9033 Case No.: Applicant: PA98-0512 Curt Miller, Pacific Gulf Properties Dear Mr. Thomsley: Please find enclosed our comments for one project transmittal as requested by the Planning Department. If you have any questions, please contact the Eastern Information Center at (909) 787-5745. PA98-0512 ....................................... Jan. 19, 1999 Sincerely, Martha Smith Information Officer Enclosure(s) ' ~ i: !", ; jAN ] 2 1999 3y 'CALIFORNIA HISTORICAL RESOURCES iNFORMATION .SYSTEM 'Eastern Information Center Department of Anthropology University of California Riverside, CA 92521-0418 Phone (909) 787-5745 Fax (909) 787-5409 CULTURAL RESOURCE REVIEW DATE: (,z~.,. '~ / RE: Case Transmittal Reference Designation: P/~ '~ F~- 19~/~__//'~/::'/J ~//- / Records at the Eastern Information Center of the California Historical Resources Information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources: The proposed project am has not been surveyed for cultural resources and contains or is adj~iccnt to known cultural resource(s). A Phase I study is recommcnde, xt. Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase I study is recommended. A Phase I cultural resource study (MF # ) identified one or more cultural resources. The project area contains, or has the possibility of containing, cultural resources. However, due to the nature of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further study is not recommended. V/""/A Phase I cultural resource study (MF # ~G ) identified no cultural resources. Further study is not recommended. There is a low probability of cultural resources. Further study is not recommended. ~"if, 'during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeoiogist evaluates the finds and makes recommendations. Due to the archaeological sensitivity of the area, earthmoving during construction should be mohitored by a professional archaeologist. The submission of a cultural resource management report is recommended following guidelines for Archaeological Resource Management Reports prepared by the California Office of Historic Preservation, Preservation Planning Bulletin 4(a), Decen;ber 1989. Phase I Phase II Phase 1II Phase IV Records search and field survey Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.] Mitigation [Data recovery by excavation, preservation in place, or a combination of the two.] Monitor earthmoving activities COMMENTS: If you have any questions, please contact us. Eastern Information Center EICXFRMS\TRANSMIT January12,1999 Riverside Transit Agent'y 1825 Third Street P.O. Box 59968 Riverside. CA 92517 Phone: (909) 684-0850 Fax: (909) 684-1007 Mr. Thomas Thornsley City of Temecula Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Thornsley: RE: PA98-.051tF RTA presently provides transit service on Winchester Road via RTA Route 23A. We currently do not have a bus stop serving the area in the proposed senior apartment development site, however, based on the size of this development and our own plans for future growth, we are requesting that a bus turnout be incorporated into the general design. Ideal site for the bus turnout would be on Winchester Road farside the future access driveway adjacent to the proposed Building Four. If possible, we would also like to request that pedestrian openings be provided near the turnout locations specified above. Paved, lighted and handicapped accessible pedestrian accessway consistent with ADA standards should be provided between the stop and the project site. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review this project. Please keep us updated on the status-of this request and should you require additional information, please call me at (909)684-0850. Sincerely, ~e~'mentef~~, Transit Planner jsc/PDEV#248 STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, 464 W. 4th STREET, 6th FLOOR SAN BERNARDINO, CA 92401-1400 Gray Davis, Governor February 3, 1999 08-RiV-79-R3.98 Mr. Thomas Thornsley Assistant Planner 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mr. Thornsley: Planning Application No. PA98-0512 Thank you for forwarding the preliminary site and grading plans to this office. We have completed our review of the documents and have the following comments: The preliminary grading plan submitted to this office depict a median on Winchester Road (State Route 79), but does not indicate whether that median is raised or not. Section A-A doesn't indicate any median. After reviewing the Memorandum of Understanding (MOU) between the State of California, Department of Transportation (Caltrans) and the City of T~mecula which was finalized on November 13, 1995, the proposed access driveway on the future Care Facility parcel will only'be allowed if the median Winchester Road is in fact a raised median. In addition, 1/8 mile spaclng is required for limited access driveways and shall be right-in, right-out only. This project may require an encroachment permit if there is any work, including work pertaining to: access, grading, or drainage; within, abutting or impacting the State highway right of way. The Department of Transportation would be a responsible agency and may require certain measures be provided as a condition of permit issuance. If an encroachment permit is required, it can be obtained from the District 8 Permits Office pri~r beginning of work Their address and phone n~,~~ listed below: January12,1999 Riverside Transit Agency 1825 Third Street P.O. Box 59968 Riverside, CA 92517 Phone: (909) 684-0850 Fax: (909) 684-1007 Mr. Thomas Thomsley City of Temecula Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Thornsley: RE: PA98-.051tr RTA presently provides transit service on Winchester Road via RTA Route 23A. We currently do not have a bus stop serving the area in the proposed senior apartment development site, however, based on the size of this development and our own plans for future growth, we are requesting that a bus turnout be incorporated into the general design. Ideal site for the bus turnout would be on Winchester Road farside the future access driveway adjacent to the proposed Building Four. If possible, we would also like to request that pedestrian openings be provided near the ramout locations specified above. Paved, lighted and handicapped accessible pedestrian accessway consistent with ADA standards should be provided between the stop and the project site. I can indicate the exact location for the turnout as the project progresses. Thank you for the opportunity to review this project. Please keep us updated on the status-of this request and should you require additional information, please call me at (909)684-0850. Sincerely, Transit Planner jsc/PDEV#248 STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, 464 W. 4th STREET, ~th FLOOR SAN BERNARDINO, CA 92401-1400 Gray Davis. Governor Mr. Thomas Thornsley Assistant Planner 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mr. Thornsley: February 3, 1999 08-Riv-79-R3.98 Planning Application No. PA98-0512 Thank you for forwarding the preliminary site and grading plans to this office. We have completed our review of the documents and have the following comments: The preliminary grading plan submitted to this office depict a median on Winchester Road (State Route 79), but does not indicate whether that median is raised or not. Section A-A doesn't indicate any median. After reviewing the Memorandum of Understanding (MOU) between the State of California, Department of Transportation (Caltrans)'and the City of T~mecula which was finalized on November 13, 1995, the proposed access driveway on the future Care Facility parcel will onlybe allowed if the median on.. Winchester Road is in fact a raised median. In addition, 1/8 mile spacLng is required for limited access driveways and shall be right-in, right-out only. This project may require an encroachment permit if there is any work, including work pertaining to: access, grading, or drainage; within, abutting or impacting the State highway right of way. The Department of Transportation would be a responsible agency and may require certain measures be provided as a condition of permit issuance. If an encroachment permit is required, it can be obtained from the District 8 Permits Office pri~r t~ beginning of work Their address and phone ~ ~ ~ listed below: ~ u= ~ ltil F~B ~ 15e~' U~ Mr. Thomas Thornsley February 3, 1999 Page 2 Office of Permits California DeparEment of Transportation 464 West Fourth Street, 6th Floor, MS619 San Bernardino, CA 92401-1400 (909) 383-4526 (909 If you have any questions, please contact Jim Betty at 383-4473 or FAX (909) 383-5936. Sincerely, LINDA GRIMES, Chief Office of Forecasting/ Development Review CC: CC: Hideo Sugita, RCTC Naidu Athuluru, Encroachment Permits, Riv Co., D8 b'rATE OF OALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, 464 W. 4th STREET, 6th FLOOR SAN BERNARDINO, CA 92401-1400 Gray Dmvis, Governor Mr. Thomas Thornsley Assistant Planner 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mr. Thornsley: February 17, 1999 08-Riv~79-R3.98 Planning Application No. PA98-05!2 This letter is in response to our conversation on Tuesday, February 16, 1999. I received your letter from the Riverside Transit Agency (RTA) via FAX requesting a bus turnout on the above-mentioned project. A bus turnout will be allowed only if it meets Caltran's approval. Please submit previously requested plans in a letter dated February 3, 1999 from this office which includes the bus turnout design. All previously requested items in that letter still apply. For sight distance safety it is recommended that PROPOSED FAR-SIDE BUS TURNOUT ADJACENT TO BUILDING NUMBER 4, begin its ,approach taper' a minimum distance of 50' (feet).to the west from the proposed access driveway on the proposed future'Care Facility property. This is very near the property line between the Care ~acitity and the Senior Apartment Complex. This project will require an encroachment permit if there is any work, including work pertaining to: access, grading, or drainage; within, abutting or impacting the State highway Right of Way. The Department of Transportation would be a responsible agency and may require certain measures be provided as a condition of permit issuance. If an encroachment permit is required, it can be obtained from the District 8 Permits Office prior to beginning of work. Their address listed below: and phone nUF~.~cr a%~ Mr. Thomas Thornsley February 17, 1999 Page 2 (909 CC: Office of Permits California Department of Transportation 464 West Fourth Street, 6th Floor, MS6!9 San Bernardino, CA 92401-1400 (909) 383-4526 If you have any questions, please contact Jim Belty at 383-4473 or FAX (909) 383-5936.. Sincerely, LINDA GRIMES, Chief Office of Forecasting/ Development Review Hideo Sugita, RCTC Naidu Athuluru, Encroachment-Permits, Riv Co.,'Dg ATTACHMENT NO. 3 INITIAL ENVIRONMENTAL STUDY R:~STAFFRFr~511-512pa98 pc2a.doc 46 Proj.ect Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation (Current) Zoning (Current) Description of Project PA98-0511 (Zoning Amendment, Planned Development Overlay) Description of Project PA98-0512 (Development Plan) Surrounding Land Uses and Setting Other public agencies whose approval is required City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Planning Application No. PA98-051 t (Zone Change, Planned Development Overlay) and Planning Application PA98-0512 (Development Plan) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Thomas Thornsley (909) 694-6400 Located on the northwest corner of Nicolas Road and Winchester Road (Assessor's Parcel Numbers 911-170-078, 911-170-085) Curt Miller, Pacific Golf Properties 4220 Von Karman, Newport Beach, CA 92660 Business Park (BP) Business Park (BP) A request to change the land uses and development standards on three parcels totaling 12.3 acres with a current Zoning Map designation of Business Park (BP) by creating a Planned Development Overlay (PDO) zone with defined uses and development restrictions. A proposal to develop a 244 unit senior housing complex with two and three story apartment buildings on an 8.3 acre site. This will be a permitted use under the PDO zone. Although the density for the apartments is at the maximum 30. units per acre the actual population will be less intensive than regular apartments because each unit is likely to house only one or two people. The project is separated from single family homes to the north and west by the San Gertrudis Creek (channeled), by Nicolas Road and Chaparral High School to the south, and vacant commercial land in Roripaugh Estates Specific Plan to the east. Riverside County Fire Department, Riverside County Health Department, Temecula Police Departmerit, Eastern MUnicipal Water District, Rancho California Water District, Southern California Gas Company, Southern California Edison Company, General Telephone Company, and Riverside Transit Agency R:\STAFFRP'R511-512pa98 pc2a.doc 47 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the folldwing pages. X X Land Use Planning Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological, Resources Energy and Mineral Resources X X Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find' that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1 ) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. May 13, 1999 Signature. Date: Thomas K. Thornsley For,: The City of Temecula R:\STAFFRP~511-512pa98 pc2a.doc 48 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 1. LAND USE AND PLANNING. Would the proposal: 1.a. 1.c. 1.e. Conflict with general plan designation or zoning? Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the vicinity? Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source 1, Figure 5-4, Page 5-17) Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? X X X X X Comments: 1 .a., C. The Zoning Amendment (ZA) is a proposal, that upon approval, creates a specialized Zoning Designation overlaying the current Business Park (BP) zoning with Planned Development Overlay (PDO). The PDO is confined within the City's Development Code. The impact of the ZA is e~pected to be less than significant because the uses being permitted under the PDO will be equal to or less intensive than most of those currently allowed under BP. The mix of uses proposed will be compatible the other commercial designations in the vicinity with senior housing as a permitted use under the PDO.. The Development Plan for senior apartments is also compatible with the residential uses in the surrounding area. As a consequence, the impacts associated with this Development Plan are expected to be less than significant. 1.b It is not anticipated that the ZA will conflict with applicable environmental plans or polices adopted by agencies with jurisdiction over the project. The environmental impact of the proposed ZA and the proposed Development Plan are expected to be less than significantbecause the PDO includes use comparable with Business Park zoning and they are equal or less intensive uses. Impacts from all General Plan Land Use Designations were originally analyzed in the Environmental Impact Report for (EIR) the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. All agencies with jurisdiction over these projects are now being given the opportunity to comment on them at this time. It is anticipated that they will make the appropriate comments as to how the ZA and Development Plan relate to their specific environmental plans or polices. The Development Plan site has been previously graded and services have been extended into the area. There will be limited, if any environmental effects on environmental plans or polices adopted by agencies with jurisdiction over the Development Plan.' No significant effects are anticipated as a result of this project. 1.e Neither the ZA nor the Development Plan will disrupt or divide the physical arrangement of an established community (including low-income or minority community). It will provide for a specific housing need in the community. No impacts are anticipated as a result of this project. R:\STAFFRPT~511-512pa98 pc2a.doc 49 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 2. POPULATION AND HOUSING. Would be proposal: 2.a. 2.c. Cumulatively exceed official regional or local population projections? (Source 1, Page 2-23) Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped .area or extension of major infrastructure)? Displace existing housing, especially affordable housing? (Source 1, Figure 2-1, Page 2-17) X X X Comments: 2.a. The ZA will not cumulatively exceed official regional or local population projections. The Development Plan will result in the construction of senior apartments. It is likely that this project will bdng some people to the City that currently live elsewhere, while some people will relocate within the City. The residential land uses in the City have maintained their target densities j~s the have developed. Although this site has a high potential density, the average occupancy for each apartment will be one or two persons. The proposed development will not be a significant contributor to population growth that would cumulatively exceed official regional or local population projections. Therefore, less that significant effects are anticipated as a result of this project. 2.b. 2.c. The ZA and the Development Plan will not induce substantial growth in the area either directly or indirectly. The Development Plan may cause some people to relocate to Temecula, but will also accommodate the needs of existing residents (see 2.a.). Therefore, the Development Plan will not induce substantial growth in the area, and no significant effects are anticipated as a result of this project. The ZA will not effect exiting housing. The Development Plan proposes senior.housing which will expand the existing housing inventory within the city. No significant effects are anticipated as a result of this project. R:\STAFFRPT~511-512pa98 pc2a.doc 50 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 3. GEOLOGIC PROBLEMS. Would the proposal result in or Expose people to potential impacts involving? 3.a. 3.b. 3.c. 3.d. 3.e. 3.f. 3.g. 3.h. 3.i. Fault rupture? (Source 1, FigUre 7-1, Page 7-6 ) Seismic ground shaking? Seismic ground failure, including liquefaction? (Source 1, Figure 7-2, Page 7-8) Seiche, tsunami, or volcanic hazard? Landslides or mudflows? (Source 1, Figure 7-2, Page 7-8) Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? Subsidence of the land? (Source 1, Figure 7-2, Page 7-8) Expansive soils? Unique geologic or physical features? X X X X X X X X Comments: 3.b.,f., The ZA will not have an effect but the proposed Development Plan may expose people to some potentially significant impacts involving seismic ground shaking and to erosion, changes in topography or unstable soil conditions from excavation, grading or fill. The project site is located in Southern California, an area that is seismically active, and any potential impacts are mitigated through building construction that is consistent with Uniform Building Code standards. In addition, this site will require fill to raise the site in compliance with the Riverside County Flood Control District. Preliminary soil reports have been submitted and reviewed as part of the application submittal and recommendations contained in this report will be used to determine appropriate conditions of approval. The soils reports will also contain recommendations for the compaction of the soil which will serve to mitigate any potentially Significant impacts from seismic ground shaking, erosion, changes in topography or unstable soil conditions from excavation, grading or fill. After mitigation measures are performed, less than significant impacts are anticipated as a result of this project. 3.c.,g. The ZA and the Development Plan site is located within an area delineated as a liquefaction/subsidence hazard zone. Potentially significant impacts associated with the development of this site will be mitigated through building construction, which is consistent with Uniform Building Code standards. In addition, preliminary soil reports have been submitted and reviewed as part of the application submittal and recommendations contained in this report will be used to determine appropriate conditions of approval prior to the issuance of grading permits. The conclusions and recommendations contained in this report will be utilized in the development of this site, which will serve to mitigate any potentially significant impacts from liquefaction. After mitigation measures are performed, no significant effects are anticipated as a result of this project. 3.d. The ZA and the Development Plan will not expose people to a seiche, tsunami or volcanic hazard. The project is not located in an area where any of these hazards could occur. No impacts are anticipated as a result of this project. R:\STAFFRP~511-512pa98 pc2a.doc 51 3.e. 3.h. 3.i. The ZA and the Development Plan will not expose people to landslides or mudflows. The Final Environmental Impact for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. No impacts are anticipated as a result of this project. This site should not be subject to expansive soils. Soils test in the general area have not indicated that the conditions or mineral elements exist that create and/or cause there to be problems with, expansive soils. Therefore, no impacts are anticipated as a result of this project. The project will not impact unique geologic or physical features. No unique geol;3gic features Or physical features exist on the site. No impacts are anticipated as a. result of this .project. Issues and Supporting Information Sources Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 4. WATER. Would the proposal result in: 4.a. 4.b. 4.c. 4.d. 4.e. 4.f. 4.g. 4.h. 4.i. Changes in absorption rates, drainage patterns: or the rate and mount of surface runoff? Exposure of people or property to water related hazards such as flooding? (Source 1, Figure 7-3, Page 7-10; Figure 7-4, Page 7-12 and Source 5) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? Change in the quantity of ground waters, 'either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? Impacts to groundwater quality? Substantial reduction in the amount of groundwater. Otherwise available for public water supplies? (Source 2, Page 263) X X X X X X X X X Comments: 4.a. This land ZA will not have an effect, however, the proposed Development Plan of the site will result in changes in absorption rates, drainage patterns and the rate and amount of surface runoff. While absorption rates and surface runoff will change, potential impacts will ultimately be mitigated through site design. Drainage conveyances will be required at the time that a development proposal is proposed to safely and adequately handle runoff that is created. The impact as a result of this project will be less than significant, and mitigated to a level less than significant. R:\STAFFRP'R511-512pa98 pc2a.doc 52 4.b. 4.c. 4.d. ,e. This ZA will not expose people to water related hazards. The site is located in Zone A of the Temecula Creek floodplain (areas within the 100-year floodplain) as identified by Flood Insurance Rate Map Panel No. 060742-0005-B (November 20, 1996). As a consequence the proposed Development Plan will be required to comply with Riverside County Flood Control measures to mitigate the development from potential flooding hazards. This site is also located within a dam inundation area as identified in the City of Temecula General Plan Final Environmental Impact Report. Impacts will be mitigated by utilizing existing emergency response systems and by assudng that these systems continue to maintain adequate service provision as the City develops. Impacts associated with this project with respect to the threat of flooding can be mitigated to levels that will be less than significant. The ZA does not effect discharge into surface waters. The Development Plan for this site may have a potentially significant effect on discharges into surface waters and alteration of surface water quality. Prior to issuance of a grading permit for a development proposal on this site, the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant as a result of the development of this site. This ZA will not effect the amounts of surface water in any water bodies nor changes in currents, or the course or direction of water movements. The ultimate development of the site; however, may have a less than significant impact in changes to the amount of surface water in any water body or impact currents, or impact the course or direction of water movements. Consequently any impact as a result of the change in land use designations is considered less than significant. The ZA will not have any effects on ground water. The ultimate development of the site will have a less than significant impact with respect to the change in the quantity and quality of ground waters. Issues and Supporting Information Sources Potentially Significant Potentially Unless Less Than Significant Mitigation Significent Impact Incorporated Impact No Impact 5. AIR QUALITY. Would the proposal: 5.a. 5.b. 5.c. 5.d. Violate any air quality standard or contribute to an existing or projected air quality violation? (Source 3, Page 6-11, Table 6-2) Expose sensitive receptors to pollutants? Alter air movement, moisture or temperature, or cause any change in climate? Create objectionable odors? X X X X Comments: 5.a The proposed ZA will not violate any air quality standard or contribute to an existing or projected air quality violation because the potential uses of the site are .similar to uses considered in the EIR for the City's General Plan. The proposed Development Plan will not violate nor contribute to existing or projected air quality violations as defined by the AQMD Standards (ref. Source 3, Table 6-2) As a consequence no .impacts are anticipated as a result of this project. R:\STAFFRPT~511-512pa98 pc2a.doc 53 5.b.,d. 5.c. The ZA. will not expose sensitive receptors to pollutants or objectionable odors. There is a sensitive receptor, Chaparral High School, adjacent to the Development Plan site. The development of this site may create dust and/or objectionable odor during the grading and construction phas. e of the project. These impacts will be of short duration and are not considered significant over the long term. No other odors are anticipated once the project is built and occupied. The impact as a result of this project will be less than significant. Neither the proposed ZA nor the proposed temperature, or cause any change in climate. Development Plan will alter air-movement, moisture or No impacts are anticipated as a result of this project. Issues and Supporting Information Sources Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: 6.a. 6.b. 6.c. 6.d. 6.e. 6.f. Increase vehicle trips or traffic congestion? Hazards to safety from design features (e.g. sharp curves or dangerous intersections or incompatible uses)? Inadequate emergency access or access to nearby uses? Insufficient parking capacity on-site or off-site? Hazards or barriers for pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Source 4, Table 17.24.040, Pg. 125) Rail, waterborne or air traffic impacts? X X X X X X X Comments: 6.a. The changes in the allowed land uses for the PDO/ZA are of a similar nature to the uses currently allowed and will not have an additional impacts on traffic. The development of the site will add new traffic to the area because the site is currently vacant. However, the EIR has already addressed the anticipated traffic volumes generated by the development of this property under Business Park uses. Based on the trip generation data of the General Plans Circulation Element and the project's traffic report the proposed senior housing Development Plan has nearly half the daily trip rates of the current land uses permitted under the Business Park designation. This location also provides the residents with convenient access to community amenities with out the need to drive. Therefore, this project will create less traffic congestion that previous anticipated in the Circulation Element and the EIR for the General Plan. It is anticipated that the senior housing project will contribute a tow to three percent (2-3%) increase in existing volumes during the AM peak hour and PM peak hour time frames to the intersections of Winchester Road and Nicolas Road. The applicant will be required to pay traffic signal mitigation fees and public facility fees as conditions of approval for the project. After mitigation measures are performed and development impact fees paid, less than significant impacts are anticipated as a result of this project. R:\STAFFRPT~511-512pa98 pc2a.doc 54 6.b. 6.c. 6.6. 6.f. 6.g. The ZA will not result in hazards to safety from design features. The Development Plan is designed the site to current City standards and does not propose any hazards to safety from design features. There will be three points of ingress and egress to the property to accommodate access and avoid increase traffic conflicts. The internal circulation does not propose and hazards in its design.. Because of the design features contained within the project design, there will be less than significant impacts as a result of this project. The-ZA and the Development Plan will not result in inadequate emergency access or access to nearby uses. This project is designed to current City standards and has three points of entry providing adequate emergency access. No impacts are anticipated as a result of this project. The ZA and the Development Plan will not result in hazards or barriers for pedestrians or bicyclists. Hazards or barriers to bicyclists have not been included as part of the project. No impacts are anticipated as a result of this project. The ZA and the Development Plan will not conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks). The development of the site will provide parking and storage for bicycles. A condition of approval of the project requires that a bus turnout be provided on Winchester Road as requested by the Riverside Transit Authority. No impacts are anticipated as a result of this project, The ZA and the Development Plan will not result in impacts to rail, waterborne or air traffic since none exists currently in the immediate proximity of the project. No impacts are anticipated as a result of this project. R :\STAFFRPT~511-512pa98 pc2a.doc 55 Issues and Supporting Infom'mtion Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: 7.a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals . and birds)? (Source 1, Pg. 5-15, Figure 5-3 & Source 4) X 7.b. 7.c. 7.d. 7.e. Locally designated species (e.g.heritage trees)? (Source 1 Pg. 5-15, Figure 5-3) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? Wetland habitat (e.g. marsh, riparian and vemal pool)? Wildlife dispersal or migration corridors? X X Comments: 7.a. The project site for the ZA and the Development Plan does not lie within in an area designated by the U.S. Fish and Wildlife Service as potential habitat for any Federally listed endangered species. This site is with in the urbanized area of the city and has been continuously disced for weed abatement and has little vegetation left to provide for potential habitat. As a result, no impacts are anticipated at this time. 7.b.-e. The ZA has no effect on these biological resources and the Development Plan site is currently disturbed and undeveloped. There are no locally designated communities, wetland habitat areas, or wildlife corridors on or around the site. As a result, no impacts are anticipated with the proposed development of this site. R:~STAFFRP'D,511-512pa98 pc2a.doc 56 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 8. ENERGY AND MINERAL RESOURCES. Would the proposal:. 8.a. 8.c. Conflict with adopted energy conservation plans? Use non-renewal resources in a wasteful and inefficient manner? Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? X X X Comments: 8,a. Neither the ZA nor the Development Plan will impact and/or conflict with adopted energy conservation plans. The Development Plan will be reviewed for compliance with all applicable laws pertaining to energy conservation during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. No impacts are anticipated as a result of this project. 8.b. The ZA will not effect non-renewable resources and the Development Plan will result in a less than significant impact for the use of non-renewable resources in a wasteful and inefficient 'manner. While there will be an increase in the rate of use of any natural resource and in the depletion of nonrenewable resource(s) (construction materials, fuels for the daily operation, asphalt, lumber) and the subsequent depletion of these non-renewable natural resources. Due to the scale of the proposed development, these impacts are not seen as significant. 8.c. The ZA does not effect mineral resources and the Development Plan will not result in the loss .of availability of a known mineral resource that would be of future value to the region and the residents of the State. No known. mineral resource that 'would be of future value to the region and the residents of the State are located at this project site. No impacts are anticipated as a result of this project. R:\STAFFRP~511-512pa98 pc2a.doc 57 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 9. HAZARDS. Would the proposal involve: 9.a. 9.b. 9.c. 9.d. 9.e. A risk of accidental explosion or release of hazardous substances (including, but not. limited to: oil, pesticides, chemical or radiation)? Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazard? Exposure of people to existing sources of potential health hazards? Increase fire hazard in areas with flammable brush, grass, Or trees? X X X X X Comments: 9.a. The ZA and the DeVelopment Plan will not result in an impact due to dsk of explosion, or the release of'any hazardous substances in the event of an accident or upset conditions since none are proposed in the request. Development must receive clearance from the Department of Environmental Health prior to any plan check submittal and must also receive clearance from the Fire Department prior to the issuance of a building permit. This applies to storage and use of hazardous materials. No impacts are anticipated as a result of this project. 9.b. 9.c. The ZA and the Development Plan will not interfere with an emergency response plan or an emergency evaluation plan. The subject site is not located in an area, which could impact an emergency response plan. The Development Plan proposes to. take access from maintained streets and will therefore not impede any emergency response or emergency evacuation plans. No impacts are anticipated as a result of this project. The ZA and the Development Plan will not result in the creation of any health. hazard 'or potential health hazard. The Development Plan will be reviewed for compliance with all applicable health laws during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. Reference response 9.a. No impacts are anticipated as a result of this project. 9.d. The ZA and the Development Plan will not expose people to existing sources of potential health hazards. No health hazards are known to be within proximity of the project. No impacts are anticipated as a result of this project. 9.6. ZA and the Development Plan will not result in an increase to fire hazard in an area with ~ammable brush, grass, or trees. The project site is in an area of existing uses and proposed commercial uses. The project is not located within or proximate to a fire hazard area. No impacts are anticipated as a result of this project. R:\STAFFRP'R511-512pa98 pc2a.doc 58 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 8. ENERGY AND MINERAL RESOURCES. Would the proposal:. 8.c. Conflict with adopted energy conservation plans? Use non-renewal resources in a wasteful and inefficient manner? Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? X X Commerlts: 8.a. Neither the ZA nor the Development Plan will impact and/or conflict with adopted energy conservation plans. The Development Plan will be reviewed for compliance with all applicable laws pertaining to energy conservation during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. No impacts are anticipated as a result of this project. 8.b. The ZA will not effect non-renewable resources and the Development Plan will result in a less than significant impact for the use of non-renewable resources in a wasteful and inefficient 'manner. While there will be an increase in the rate of use of any natural resource and in the depletion of nonrenewable resource(s) (construction materials, fuels for the daily operation, asphalt, lumber) and the subsequent depletion of these non-renewable natural resources. Due to the scale of the proposed development, these impacts are not seen as significant. 8.c. The ZA does not effect mineral resources and the Development Plan will not result in the lossof availability of a known mineral resource that would be of future value to the region and the residents of the State. No known mineral resource that 'would be of future value to the region and the residents of the State are located at this project site. No impacts are anticipated as a result of this project. R:\STAFFRP~511-512pa98 pc2a.doc 57 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 9. HAZARDS. Would the proposal involve: 9.a. 9.b. 9.c. 9.d. 9.e. A risk of accidental explosion or release of hazardous substances (including, but not. limited to: oil, pesticides, chemical or radiation)?' Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazard? Exposure of people to existing sources of potential health hazards? Increase fire hazard in areas with ~ammable brush, grass, Or trees? 'X X X X X Comments: 9.a. The ZA and the DeVelopment Plan will not result in an impact due to dsk of explosion, or the release of'any hazardous substances in the event of an accident or upset conditions since none are proposed in the request. Development must receive clearance from the Department of Environmental Health prior to any plan check submittal and must also receive clearance from the Fire Department prior to the issuance of a building permit. This applies to storage and use of hazardous materials. No impacts are anticipated as a result of this project. 9.b. 9.c. The ZA and the Development Plan will not interfere with an emergency response plan or an emergency evaluation plan. The subject site is not located in an area, which could impact an emergency response plan. The Development Plan proposes to take access from maintained streets and will therefore not impede any emergency response or emergency evacuation plans. No impacts are anticipated as a result of this project. The ZA and the Development Plan will not result in the creation of any health. hazard'or potential health hazard. The Development Plan will be reviewed for compliance with all applicable health laws during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. Reference response 9.a. No impacts are anticipated as a result of this project. 9.d. The ZA and the Development Plan will not expose people to existing sources of potential health hazards. No health hazards are known to be within proximity of the project. No impacts are anticipated as a result of this project. 9.e. ZA and the Development Plan will not result in an increase to fire hazard in an area with flammable brush, grass, or trees. The project site is in an area of existing uses and proposed commercial uses. The project is not located within or proximate to a fire hazard area. No impacts are anticipated as a result of this project. R:\STAFFRP'R511-512pa98 pc2a.doc 58 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 10. NOISE. Would the .proposal result in: .. 1 o.a. Increase in existing noise levels? (Source 1, page 8-9) lO.b. Exposure of people to severe noise levels? (Source 1, Figure 8-5) X Comments: 10.a. The ZA will not have an effect on noise and Development Plan will result in a less than significant increase to existing noise levels. The site is currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. Long-term noise generated by this Development Plan would be similar to existing and proposed uses in the area. No significant noise impacts are anticipated as a result of this project in either the short or long-term. 10.b. The ZA will not expose people to severe noise levels. However, the Development Plan site is adjacent to State Highway 79, (Winchester Road), which is designated on the City's General Plan as an access restricted six-lane urban arterial roadway. Ambient noise levels 100 feet from centerline are 70.2 to 75.2 CNEL for Highway 79. This Development Plan will require an acoustical survey for noise mitigation. Site design and building methods can mitigate the ambient ·noise to acceptable levels. The development of this project may expose people to severe noise levels during the development/construction phase (short-term). Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet which is considered very annoying and can cause hearing damage from steady 8-hour exposure. This source of noise will be of short duration and therefore will not be considered significant. There will be no long-term exposure of people to noise. Less than significant impacts are anticipated as a result of this project. R :\STAF FRPT%511-512pa98 pc2a, doc 59 11. '11.a. 11.b. 11.c. 11.d. i11.e. Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? Police protection? Schools? Maintenance of public facilities, including roads? Other governmental services? X X X X X Comments: 11.a., b. ZA and the Development Plan will have a less than significant impact upon, or result in a need for new or altered fire or police protection. The Development Plan may consolidate seniors who are more likely to need emergency services but will only incrementally increase the need for fire and police protection. The development of this project will contribute its fair share to the maintenance of service provision from these entities· through Development Impact Fees and increase property taxes. No significant impacts are anticipated as a result of this project. 11.c. The ZA and the Development Plan will have no impact upon, or result in a need for new or altered school facilities. The Development Plan is for senior housing and this segment of the population does not generally generate a need for school. As a result of this project will not cause significant numbers of people requiring schools to relocate within or to the City of Temecula and therefore will not result in a need for new or altered school facilities. No impacts are anticipated as a result of this project. 11.d. The ZA and the Development Plan will have a less than significant impact for the maintenance of public facilities, including roads. Funding for maintenance of roads is derived from the Gasoline Tax, which is distributed to the City of Temecula from the State of CalifOrnia. Impacts to current and future needs for.. maintenance of roads as a result of development of the site will be incremental, however, they will not be considered significant. The Gasoline Tax is sufficient to cover any of the proposed expenses. No significant impacts are anticipated as a result of this project. 11 .e. The ZA and the Development Plan will not have an effect upon, or result in a need for new or altered governmental services. No impacts are anticipated as a result of this project. R:\STAFFRPT~511-512pa98 pc2a.doc . 60 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 12. UTILITIES AND SERVICES SYSTEMS: Would the proposal Result in a need for new systems or supplies,. or substantial Alterations to the following utilities: 12.a. 12.b. 12.c. 12.d. 12.e. 12.f. 12.g. Power or natural gas? Communications systems? Local or regional water treatment or distribution facilities? Sewer or septic tanks? (Source 2, Pgs. 39-40) Storm water drainage? Solid waste disposal? Local or regional water supplies? X X X X X X X Comments: 12,a. The ZA and-the Development Plan will not result. in a need for new systems or supplies, or substantial alterations to power or natural gas. These systems are currently being delivered in proximity to the site. No significant impacts are anticipated as a result of this project. 12.b. The ZA and the Development Plan will not result in a need for new systems or. supplies, or substantial alterations to communication systems (reference response No. 12.a. No significant impacts are anticipated as a result of this project. 12.c. The ZA and the Development Plan will not result in the need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities. No significant impacts are anticipated as a result of this project. 12.d. 12.e. The ZA and the Development.Plan will not result in a need for new systems or supplies, or substantial alterations to sanitary sewer systems or septic tanks. While the Development Plan will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "both EMWD and RCWD have indicated an ability to supply as much water as is required in their services areas (p. 39)." The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services (p. 40)." It is anticipated that the proposal to change the designation from Office to Commercial, and the limited nature of future development under this designation, would not significantly increase the demand for systems or supplies. No significant impacts are anticipated as a result of this project. The ZA and the Development Plan will result i'n a less than significant need for new systems or supplies, or substantial alterations to storm water drainage. The Development Plan will need to provide some additional on-site drainage systems. The drainage system will be required as a condition of approval for the project and will tie into the existing system. No significant impacts are anticipated as a result of this project. 12.f. The ZA and the Development Plan will not result in a need for new systems or substantial alterations to solid waste disposal systems. Any potential impacts from solid waste created by this development can be mitigated through participation in any Source Reduction and Recycling Programs that are implemented by the City. No significant impacts are anticipated as a result of this project. R:\STAFFRP~511-512pa98 pc2a.doc 61 12.g. The ZA and the Development Plan will not result in a need for new systems or supplies, or substantial alterations to local or regional water supplies. Reference response 12.d. No significant impacts are anticipated as a result of this project. Issues and Supporting Information Sources Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 13. AESTHETICS. Would the proposal: 13.a. 13.b. 13.c. Affect a scenic vista or scenic highway? Have a demonstrable negative aesthetic affect? Create light or glare? X X X Comments: 13.a. The ZA and the Development Plan will-not affect a scenic vista or scenic highway. The project is not located in an area where there is a scenic vista. Further, the City does not have any designated scenic highways. No impacts are anticipated as a result of this project. 13.b. The ZA and the Development Plan will not have a demonstrable negative aesthetic effect. The Development Plan consists of multiple apartment building in an area of mixed uses and aesthetic styling. These buildings are consistent with the City's Design Guidelines and provide a well articulated design. No significant impacts are anticipated as a result of this project. 13.c. The ZA and the Development Plan will have a less than a significant impact from light and glare. The Development Plan will produce and result in light/glare, as all development of this nature results in new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. The Development Plan will be conditioned to be consistent with Ordinance No. 655 (Ordinance Regulating Light Pollution). No significant impacts are anticipated as a result of this project. R:\STAFFRPT~511-512pa98 pc2a.doc 62 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 14. CULTURAL RESOURCES. Would the proposal: 14.a. 14.~.. 14.c. 14.d. 14.e. Disturb paleontological resources? (Source 2, Fig. 15, Pg. 70) Disturb archaeological resources? (Source 2, Fig. 14, Pg. 67) Affect historical resources? Have the potential to cause a physical change which would affect unique ethnic cultural values? Restrict existing religious or sacred uses within the potential impact area? X X X X X Comments: 14.c. The ZA and the Development Plan will not have an impact on historical resources. The site has been previously graded and resources would have been disturbed at that time. No historic resources exist at the site or are proximate to the site. No impacts are anticipated as a result of this project. 14.d. The ZA and the Development Plan will not have the potential to cause a physical change that would affect unique ethnic cultural values. Reference response 14.c. No impacts are anticipated as a result of this project. 14.e. The ZA and the Development Plan will not restrict existing religious or sacred uses within the potential impact area. No religious or sacred uses exist at the site or are proximate to the site. No impacts are anticipated as a result of this project. R:\STAFFRP~511-512pa98 pc2a.doc 63 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 15. RECREATION. Would the proposal: 15.a. 15.b. Increase the demand for neighborhood or regional parks or other recreational facilities? Affect existing recreational opportunities? X X Comments: 15.a., b. The ZA and the Development Plan is a residential facility that will cause some people to relocate within or to the City of Temecula. However, this will cause only an incremental impact or increase in demand for neighborhood or regional parks or other recreational facilities because the Development Plan for the senior housing will provide some amenities for the tenants. Although this prdject will provide some recreational amenities they are required to contribute park mitigation fees. For the amenities provided this project will therefore be conditioned to pay an adjusted rate of that fee.' The same is true for the quality or quantity of existing recreational resources for opportunities. No significant impacts are anticipated as a result of this project. R:\STAFFRPT~511-512pa98 pc2a.doc 64 Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 16. MANDATORY FINDINGS OF SIGNIFICANCE. 16.a. 16.b. 16,c. 16.d. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short- term, tO the disadvantage of long-term,-environmental goals? Does the project have impacts that area individually limited, but cumulatively considerable? CCumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: 16.a-d No impacts are anticipated as a result of this ZA and the Development Plan. Less Than Significant Impact No Impact X X X X EARLIER ANALYSES. None R:\STAFFRPT~511-512pa98 pc2a.doc 65 SOURCES 2. 3. 4. City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Quali.ty Management District CEQA Air Quality Handbook. U.S: Fish and Wildlife Service Quino Checkerspot Butterfly Habitat Map (compiled by the Riverside County Transportation and Land Management Agency [TLMA] GIS Division.- dated June 4, 1998) Flood Insurance Rate Map Panel No. 060742-0005-B (November 20, 1996) .Traffic Impact Analysis, The Fountains Senior Housing, Prepared by: Linscott, Lay, & Greenspan dated December 21, 1998 Traffic Impact Analysis, The Fountains Senior Housing, Prepared by: Linscott, I'ay, & Greenspan dated April 21, 1999 R:\STAFFRP'R511-512pa98 pc2a,doc 66 ATTACHMENT NO. 4 MITIGATION MONITORING PROGRAM R:~,STAFFRP'T'~I 1-512pa98 pc2a.doc 67 Mitigation Monitoring Program Planning Application No. PA98-0511 and PA98-0512 (Zoning Amendment and Development Plan for Senior Housing) Geoloqic Problems General Impact: Erosion, changes in topography or unstable soil conditions from excavation, grading or fill. Mitigation Measures: Planting of slopes and undeveloped portions consistent with Ordinance No. 457. Specific Processes: Submit erosion control plans for approval by the Department of Public Works. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works. General Impact: Mitigation Measures: Specific Processes: Mitigation Milestone: Responsible Monitoring Party: Erosion, changes in topography or urlstable soil conditions from excavation, grading or fill. Planting of on-site landscaping that is consistent with the Development Code. Submit landscape plans that include planting of slopes and undeveloped portions of the site to the Planning Department for approval. Prior to the issuance of a building permit. Planning Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Ensure that soil compaction is to City standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building. pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading permits and building permits. Depai'tment of Public Works and Building & Safety Department. R:\STAFFRPT~511-512pa98 pc2a.doc 68 General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Exposure-of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Utilize construction techniques that are consistent with the Uniform Building Code. Submit construction plans to the Building & Safety Department for approval. Prior to the issuance of building permits. Building & Safety Department Water General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The project will result in changes to absorption rates, drainage patterns and the rate and amount of surface runoff. Methods of controlling runoff, from' site so that it will not negatively impact adjacent properties, including drainage conveyances, have been incorporated into site design and will be 'included on the grading plans. Submit grading and drainage plan to the Department of Public Works for approval. Prior to the issuance of grading permit. Department of Public Works. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Exposure of people or property to water related h~azards such as flooding. Comply with the recommendations of County Flood Control for flood proofing the building by raising the finish floor one foot above the stated flood level. The applicant shall modify the grading plan and comply with the building standards. Prior to the issuance of a grading permit and building permit. Department of Public Works and building and Safety. R:\STAFFRPT~511-512pa98 pc2a.doc 69 General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Transportation/Circulation General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity). An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination SyStem (NPDES) requirements. " The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Prior to the issuance of a grading permit. Department of Public Works and SDRWQCB (for SWPPP). Increase in vehicle trips or traffic congestion. Payment of Development Impact Fees, which contribute to road improvements and traffic signal installations. Pay fees as computed by the Building Department. Prior to the issuance of building permits. Department of Public Works. Increase in vehicle trips or traffic congestion. Payment of Traffic Signal Mitigation Fee. Pay pro-rata share for traffic impacts to be determined by the Director of Public Works. Prior to the issuance of occupancy permits. Department of Public Works. R:\STAFFRP~511-512pa98 pc2a,doc 70 Bioloaical Resources General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds). Pay Mitigation Fee for impacts to Stephens Kangaroo Rat. Pay $500.00 per acre of disturbed area of Stephens Kangaroo Rat habitat. Prior to the issuance of a grading permit. Department of Public Works and Planning Department Public Services General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: An incremental effect upon and a need for new/altered governmental services regarding fire protection. The project will incrementally increase the need for fire protection; however, it will contribute its fair share to the maintenance of service provision. Payment of Development Impact Fees. Pay current mitigation fees with the Riverside County Fire Department. Prior to the issuance of building permit. Building & Safety Department General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: An incremental effect upon and a need for new/altered schools. No significant impacts are anticipated. Payment of School Fees. Pay current mitigation fees with the Temecula Valley Unified School District. Prior to the issuance of building permits. Building & Safety Department and Temecula Valley Unified School District. R:\STAFFRPTL511-512pa98 pc2a.doc 71 General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: 'Responsible MonitOring Party: Aesthetics General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: An incremental effect upon and a need for maintenance of public facilities, including roads. Payment of Development Impact Fee for mad improvements, traffic impacts, and public facilities. Pay fees computed by the Department of Public Works. Prior to the issuance of building permits.- Department of Public Works. The creation of new light sources will result in increased light and glare that could affect the Palomar Observatory, Use lighting techniques that are consistent. with Ordinance No, 655, Submit lighting plan to the Building and Safety Department for approval, Prior to the issuance of a building permit, Building & Safety Department, R:\STAFFRPT~511-512pa98 pc2a.doc 72 ATTACHMENT NO~ 5 CORRESPONDENCE R:%STAFFRPT%511-512pa98 pc2a.doc 73 Phone (619) $42-0086' WM 11 Partners, LP 2398 San Diego Avenue San Diego, CA 92110 To: City of Temecula Planning Commission Mayl4, 1999 From: Peter Sterling, Manager Senior Housing Project/Winchester & Nicholas PA 980512 and 980511 We are the current owners of the subject property where Pacific Gulf Properties is proposing to build a senior housing complex. We strongly support this project for a number of reasons. When we first approached the City of Temecula Planning Director and Staff regarding the most appropriate use of the property, we were all perplexed. The existing BP zoning and permitted uses were not ideal for many reasons, especially traffic next to the high school. In the course of many discussions (and. given the need in the marketplace) we concluded that a seniors housing use would be the most isuitable and have the least impact on the high school and surrounding neighbors. Thus, it was out of careful consideration and discussions with the City that we approached Pacific Gulf Properties. If the senior housing use i~ not permitted, we will either develop the property ourselves or sell it to another developer. in today's market, the most likely use will be smaller industrial/ manufacturing buildings under 20,000 SF. The existing BP Zone permits uses under 20,000 SF for the following purposes: "Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services, and terminals, storage and wholesaling from the premises of un- refined, raw or semi-refined products requiring further processing or manufacturing..." The existing BP Zone also permits the following without a building size limitation: "Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, fumiture, art objects, clothing, labor intensive manufacturing, assembly, and repair processes which do not involve frequent truck traffic." Our preliminary plans indicate a BP Zone project size of between 140,000 SF and 190,000 SF. In addition to truck docks and truck doors, we would have employee and visitor park!ng in excess of 500 spaces. Page I of 2 Any of these uses will involve significant trucking and many more cars. The hours of operation for these industrial/manufacturing uses will conflict with the 7:00 a.m. to 7:45 a.m. school traffic. Instead of a few seniors in cars, we will have to deal with many employees coming to work and truck deliveries and pick-up. In addition, the concrete tilt-up construction with flat roofs and roo.f equipment will not provide an attractive view for the neighbors above. I sincerely hope that you will conclude, as we did, that the most benign and least intrusive use for this site is a seniors housing complex. Pacific Gulf has, sincerely and in good faith, tried to accommodate your suggestions and concerns from the last meeting. They will be good neighbors. Lastly, looking at the seniors for a moment, they will be within walking distance from the new Ralphs/Rite-Aid shopping center at Marrgarita and Winchester as well as the Regional Mall. They will be able to make use of the walkway along the Santa Gemdis Creek to go to and from stopping and to just stroll along this footpath. Pacific Gulfs revised application for a rezone to PDO (Planned Development Overlay) is the right approach to achieve a quality senior housing project, which is the right use for this parcel. We thank you for your consideration. Thank you, WM 11 Partners SPT Holdings LLC, General Partner Peter Sterling M~~ger . Manager Page 2 of 2 ARCHITECT AIA IS375 Barrenca Pkwy. Suite FIOT Irvine California 92618-2207 949 450 1088 949 450 1072 fax Transmittal .City of Temecula Planning Department 43200 Business Park Drive Temecula, Ca. 92589-9033 Attn: Thomas Thornsley Re: The Fountains at Temecula Sent via: Fed 'X' May 24, 1999 Thomas, Enclosed with this letter are eleven folded copies of the revised preliminary design package for The Fountains. These plans are for your distribution to the various agencies and commissioners. The architectural site plan and landscape plan have been changed to add the new driveway at Winchester. All other sheets within this set are unchanged. I recently sent you a letter which addresses the concerns of one of the Planning Commissioners and the changes we have made to the design of the project. Please include a copy of this response in your packages that are sent to the commissioners. I also will be sending you eleven reduced copies of a computer generated rendering .that we have had prepar. ed. These will be sent in overnight delivery tomorrow. Please include one of these in each of the commissioner's packages. This rendering will clearly show the quality that Pacific Gulf Properties is bringing to this project and I trust that it will help communicate the design intent to the commissioners. We will have an enlarged version of this rendering at the Planning Commission Meeting as well as a 'bird's eye view" rendering. I believe this addresses all of the outstanding concerns on this project. if you need any additional information or if you have any questions. Sincerely, James Mickartz cc: file, Curt Miller Please call me ARCHITECT AIA 15375 hrrmucu Pkwy. Suite 1:101 Irviue Celiferuia '92618-2207 949 450 1088 949 450 1072 fax City of Temecula Planning Department 43200 Businsee Park Drive Temecula, Ca. 92589-9033 Attn: Thomas Thornsley Re: The Fountains at Temecula April 21, 1999 Thomas, We have received the comments from one of the planning commissionel that you sent to our office. The following are our response to these comments. m Consider relocating the project to another area of the site. We have considered all areas of this property in the development of this project. It is our belief that the site plan we have developed is the best use for the property that is adjacent to the high school. The traffic generated by a senior apartment project is far less than traffic generated by other potential uses., especially now that we have provided three driveway alternatives for our residents. office uses. The traffic report that we are submitting will identify the greater impact by other poten~al uses. Landscape median and texture paving. The' preliminary landscape plan has shown the use of interlocking textured concrete pavers at the project entry. We have chosen to not provide a median at this drive approach because of the increased widths that are required by .t, he fire department and the potential for traffic congestion at this point. Show and identify monumnet signs The low level monument signs have been shown on the site plan. and approval for these signs will be under a separate sign permit. The design 4. Provide on site shuttle van parking and loading areas We have revised the site plan to accommodate two shuttle van parking spaces near the entry. The Entrance Lobby is within 40 feet of these spaces and we feel it is better for our residents to wait for the shuttle buses inside the building in a heated or air conditioned space, rather than waiting outdoors. 5. Provide a detail of stucco trim around the window Please refer to the enlarged elevation on sheet #10 of this package. You will see The Fountains at Temecula April 21, 1999 Page Two that it is our intention to have the windows attain a recessed appearance by furring the walls adjacent to the windows. We will provide a plaster screed around the windows to add detail definition. 7'he computer generated rendering that we will have at the Planning Commission Meeting will help illustrate this concept, The sandstone veneer should be used for a more complete craftsman style. The use of this simulated stone veneer is a costly item. A project of this type is directed at senior citizens, most of which are on fixed incomes. We have to be very sensitive to the budget on a project like this for this reason. It is our belief that extra design enhancements are best to be applied to other elements in the project L e. increased landscaping, benches, fountains, etc. This project makes reference to a California craftsman style .through the use of roof mateials, roof shapes and pitch as well as the overhangs and architectural detailing. We have designed this project to be as true as it possibly can to this style, given the nature of the buildings. The "blank" end walls need more architectural improvements It is our belief that the end walls are not "blank" We have added a furred base to all of these conditions as well as stone veneer at the entrances, roof overhangs for shadow relief and architectural brackets. The landscape is enhanced at all locations, including these locations. There is no possiblity for ' additional .windows at these walls due to the limited furniture space that is available within these Units. The three dimensional design of these areas will be clearly illustrated in the computer generated rendering that we will have available at the Planning Commission Meeting.. The carports need exposed wood rafter Mils. We have submitted the proposed design of the carports that we would like to use for this project. These are the "Rustic Port" design by Baja Carports. These carports do have rafter tails as shown in the previously submitted photographs. As I discussed at the Planning Commission hearing, it is our belief that it is better to not call attention to carports and let the main buildings provide the architectual interest in the project. The use of tile roofs on carports is extremely cost prohibitive due to the structural seismic requirements imposed by the added weight of roof tiles. & Identify the city approved street trees. We have requested that the city identify the type of st½eet trees that should be The Fountains at Temecula APril 21, 1999 Page Three used along Winchester. There is a discrepency between the street trees to the north and to the south. We are willing to install whatever trees the city determines need to be installed. 10. Change the sycamore trees to a London plane tree. We have changed the sycamores to London plane trees on the revised preliminary landscape plan. I hope this letter and the revised site plan addresses these concerns, We will be able to discuss these issues with the Planning Commision when we meet in May. Please call me if you have .any questions cc: file, Curt Miller ATTACHMENT NO. 6 EXHIBITS R:~STAFFRP'I'~511-512pa98 pc2a.doc 74 CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0511 (Zoning Amendment) and PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT A VICINITY MAP PLANNING COMMISSION DATE - June 2, 1999 R:\STAFFRPT%511-512pa98 pc2a.doc CITY OF TEMECULA EXHIBIT B DESIGNATION - BP (BUSINESS PARK) M M · LM- LM LM NC EXHIBIT C DESIGNATION - BP (BUSINESS PARK) PLANNING APPLICATION NO. PA98-0511 (Zoning Amendment) PLANNING COMMISSION DATE - June 2, 1999 R:\STAFFRPT~511-512pa98 pc2a.doc ZONING MAP GENERAL PLAN CITY OF TEMECULA PLANNING APPLICATION NO. PA98-05i2 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - June 2, 1999 SITE PLAN R: \STAFFRPT\511-512pa98 pc.doc CITY OF TEMECULA J PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - June 2, 1999 SITE PLAN R:\STAFFRPT~511-512pa98 pc2a,doc CITY OF TEMECULA East Elevation from Winclzester Road Partial North Elevation from tire Pool Area Partial South Elevation from Nicolas Road ~.Z..!:.~.,~?I Bailding One Exterior Elevations '5:'.7.(77.'~' The Fountains at Temecula :::':..':.';. Pacific Gulf Properties PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT E PLANNING COMMISSION DATE - June 2, 1999 BUILDING ONE ELEVATIONS R:\STAFFRPT\511-512pa98 pc.doe CITY OF TEMECULA West Elevation East Elevation South Elevation from Nicolas Road N o r t h E I e v a t i o n PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT E PLANNING COMMISSION DATE - June 2, 1999 BUILDING TWO ELEVATIONS R:\STAFFRPT\511-512pa98 pc.doc CITY OF TEMECULA North Elevation South Elevation Similar . North Elevation West Elevation East Elevation Building Three Exterit~r Elevations The Fountains at Temecula Pacific Gul.[ Properties. PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT E PLANNING COMMISSION DATE - June 2, 1999 R:\STAFFRPT~I 1-512pa98 pc.doc BUILDING THREE ELEVATIONS CITY OF TEMECULA North Elevation South Elevation Similar West Elevation East Elevation PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT E PLANNING COMMISSION DATE -June 2, 1999 R:\STAFFRPT~511-512pa98 pc.doc BUILDING FOUR ELEVATIONS CITY OF TEMECULA WINCHESTER ROAD P__~AN' LEGEND -~-E~ ~ Si= ~,,.-~,, GROUND COVE~ PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT F PLANNING COMMISSION DATE - June 2, 1999 LANDSCAPE PLAN R:\STAFFRPT\511-5 12pa98 pc .doc CITY OF TEMECULA PLANNING APPLICATION NO. PA98-O512. (Development Plan) EXHIBIT G PLA;NNING COMMISSION DATE- June 2, 1999 FLOOR PLANS R:\STAFFRPTX511-512pa98 pc.doe CITY OF TEMECULA PLANNING APPLICATION NO. PA98-0512 (Development Plan) EXHIBIT H PLANNING COMMISSION DATE - June 2, 1999 RENDERING R:\STAFFRPT~511-512pa98 pc2a.doc ATTACHMENT 5 MINUTES OF MARCH 17, 1999, PLANNING COMMISSION \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 37 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 17, 1999 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday March 17, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Ddve, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Naggar. X:)(:X At this time, City Clerk Jones duly swore in the newly re-appointed Planning Commissioner, Linda Fahey. ROLL CALL Present: Commissioners Fahey, Naggar, *Soltysiak, Webster, and Chairman Guerdero. Absent: None. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Cudey, Senior Planner Fagan, Assistant Planner Anders, Project Planner Thornsley, and Minute Clerk Hansen. *(Commissioner Soltysiak ardved at 6:35 P.M.) PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. Approval of AQenda Commissioner Webster recommended agendizing the issue of appointing a Vice-Chairman for the Planning Commission at a future meeting. MOTION: Commissioner Naggar moved to approve the agenda. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval with the exception of Commissioner Fahey who abstained and Commissioner Soltysiak who was absent. 2. Approval of Minutes-February 11, 1999 MOTION: Commissioner Naggar moved to approve the minutes. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval with the exception of Commissioner Soltysiak who was absent. PUBLIC HEARINGS 3. Plannin.~ Application No. PA98-0517 (Development Plan) Request to design, construct and operate a 32,000 square foot office, warehouse and manufacturing building on two parcels (0.94acresiparcel) totaling 1.88 acres. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. By way of overheads and color renderings, Assistant Planner Anders presented the staff report (of record); for Commissioner Naggar, noted that the loading zone would be screened with landscaping, specifying the dimensions of the landscape buffer, further clarified the location of the chain-linked fencing, relaying the location of the existing, adjacent chain-linked fencing; and for Commissioner Fahey, clarified the rationale for the California Environmental Quality Act (CEQA) exemption, relaying that the proposed project was consistent with the General Plan. Mr. Allan Young, the applicant, was available for questions. Mr. Kenneth Keane, representing the applicant, specified, for Commissioner Naggar, that the material of the canopy would be a painted dark gray metal, coordinating with the color of the building; presented the proposed building's design and articulation; and clarified the location of the loading zone, specifying the location of the slope, the landscape provisions, and the adjacent undeveloped property. Mr. Lon Brusegard, representing the applicant, relayed, for Commissioner Fahey, that the company currently employees 27 people, proposes to increase employment to 30 at the time of relocation, and forecasted the employment rate to be at 35 within a year; noted the hours of operation from 7:00 A M. to 3:30 P.M., with the potential of an extension of operating hours after relocation; and further clarified, with regard to Commissioner Naggar's comments, the specifications of the chain-linked fencing, relaying that the slatting material would be plastic; noted the location of the landscape buffer, relaying the plan to install 15-gallon pine trees to buffer the view of the loading area; and noted that the aforementioned area of discussion is located adjacent to an undeveloped parcel. Commissioner Naggar recommended that the chain-linked fence be replaced with a wrought iron fence, and that additional articulation be added on the building's frontage (i.e., sandblasting or textudng) for the provision of additional visual interest. Assistant Planner Anders reiterated the location of the existing chain-linked fencing on the adjacent property; and specified the difference between wood slats and plastic slats with regard to maintenance and visual appearance. The applicant further relayed that due to the location, the proposed fencing would not be visible from the street; and specified the building design, relaying the architectural accents and articulation, noting that he was not in favor of adding additional articulation to the building's frontage, specifically sandblasting. Commissioner Fahey relayed that due to staffs clarification, she was not opposed to this particular project's chain-linked fencing. MOTION: Commissioner Fahey moved .to close the public headng; adopt Resolution No. 99- 008 approving Planning Application No. PA98o0517 based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval; and adopt a Notice of Exemption for Planning Application No. PA98-0517 per the California Environmental Quality Act Guidelines Section 15332. PC RESOLUTION NO. 99-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0517 (DEVELOPMENT PLAN) FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A TWO-STORY, 32,000 SQUARE FOOT OFFICE, WAREHOUSE AND MANUFACTURING BUILDING ON TWO PARCELS TOTALING 1.88 ACRES LOCATED ON THE SOUTH SIDE OF RIO NEDO, APPROXIMATELY 1300 FEET SOUTHWEST OF THE INTERSECTION OF TIERRA ALTA WAY AND RIO NEDO AND KNOWN AS ASSESSOR'S PARCEL NOS. 909-290-043 AND 909-290-044. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval with the exception of Commissioner Soltysiak who was absent. 4. Plannin.cl Application No. PA98-0511 (General Plan Amendment and Zone Chan.qe) Request to Change the General Plan Land Use designation from Business Park (BP) to Professional Office (PO) and change the Zoning designation from Business Park (BP) to Professional Office (PO) for a proposed development of a 244 unit senior's only apartment complex. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. It was noted that Commissioner Soltysiak arrived at the meeting at 6:35 P.M. By way of overheads, Project Planner Thomsley presented the staff report (per agenda material); highlighted architecture, access, parking, and landscaping, relaying that thirty-five percent (35%) of the site would be landscaped; for the record, noted that staff had received five letters (four pdor to the headng) in opposition to the project from adjacent property owners, relaying that the pdmary concern expressed was the obstruction of their view; presented a line- of-sight drawing, clarifying that due to the change in elevations at the site, the proposed project would not impede the view of the adjacent neighbors; relayed that staff is requesting that the Conditions of Approval be modified to reflect a revision in the Development Impact Fee category from Multi-family to Professiona/Office; and noted that staff recommends the addition of an additional Condition of Approval (COA), regarding the permitted use of the property (read into the record, as follows: This approval is issued and granted to "Senior Citizen Housing Development" as the same is defined in the California Civil Code. No other residential use. except as permitted by California Civil Code 51.2, 51.3. and 51.4 in relation to Senior Citizen Housing Development is authotfzed or permitted to occur by or through this approval. Any other residential use will require further review and action under the laws of the City of Temecula.) For Commissioner Naggar, Project Planner Thomsley clarified that while the permitted use of the amended zoning map would allow both types of facilities, that this particular project would be for the provision of a Senior Housing Fadlity, and not for congregate care; relayed that while there is a need in the City of Temecula for this type of use, that residents of this particular project could potentially come from outside areas; specified the potential generated tdp counts, as follows: Business Park Zoning (as currently zoned) would generate 180 tdps a day, and Senior Housing would generate 129 tdps a day; and clarified that the projecrs proposed density would not exceed the permitted high-density residential use, referencing the Development Code (under Residential Section, under permitted uses for Senior Citizen Housing, page 39) For Commissioner Naggar, Attomey Cudey relayed that there were two issues before the Commission, as follows: 1 ) a legislative Land Use decision to amend the Zone Designation and the General Plan, as well as, 2) the proposed Development Plan; noted that the law has made provision for Senior Citizen facilities, designed to meet the specific needs of Seniors, enabling those facilities to limit the residential occupancy to qualifying residents of a specific age (55 years or older), relaying that this particular project was designed as a Senior Citizen facility, limiting its occupancy to qualifying senior citizens (age 55 years or older); and cited Civil Cede Sections 51.2, 51.3, and 51.4, relaying the criteda for the aforementioned facility, specifying the design of the use would be for the provision of accommodating the needs of senior citizens. In response to Commissioner Fahey's querying, Deputy Director of Parks advised that the current proposed project would have a less than significant impact upon traffic due to this type of facility pdmadly not utilizing peak hour access; and noted that if this particular proposed Development Plan did not go forward, while the amended Zone Designation changed the zoning from Business Park (BP) to Professional Office (PO), and at a future point in time was fully developed under permitted uses for Professional Office (PO) Zoning, the uses would have a greater traffic impact, noting that there has been no study to determine precisely what the traffic impact would be, or if the Level of Service (LOS) would be affected. For Commissioner Fahey, Project Planner Thomsley relayed the uses permitted under Business Park (BP) Zoning, and Professional Office (PO) Zoning, noting that PO Zoning permits a less intensive use; advised what while this particular project would generate less traffic, the PO Zoning, generally generates a higher tdp count, specifying that BP Zoning (current zoning) would generate additional traffic at peak hours, and less activity dudng work hours, while PO Zoning would generate additional traffic dudng vadous hours of the day; confirmed that if the project was approved in conjunction with approval of the proposed Zone change, and if at a future point in time the developer chose not to develop this particular project, the Zone change could potentially permit a use generating a higher traffic impact; and specified the generation of trips, as follows: the current Business Park (BP) Zoning would potentially generate 180 trips, per acre, per day; Professional Office (PO) Zoning would potentially generate 240 trips, per acre, per day; Senior Housing would potentially generate 129 trips, per acre, per day; and Multifamily would potentially generate 2f0 tr/ps, per acre, per day; relayed that with regard to traffic, noise and pollutants, this particular project would generate a less negative impact on the adjacent neighbors than current permitted uses under the existing Zoning; with regard to the potential future school stadium project on the adjacent School Distdct property, relayed that the School District responded two days before the headng on March 15, 1999 via letter correspondence (per agenda material), stating that a lighted stadium may be built at a future point in time, advising that the owner of the property be informed of the proposed stadium project For Commissioner Soltysiak, Deputy Director of Public Works Parks relayed that the potential School Districts stadium project would be permitted by the State, not the City, noting that the potential project would be subject to cooperation with the State's Architect, and would go through the process of an Environmental Study. In response to Commissioner Naggads comments with regard to the Environmental Study for the potential School Distdct's stadium project, Attorney Cudey relayed that the proposed Senior Housing Facility could conceivably hinder the project. For Commissioner Soltysiak, Project Planner Thomsley relayed that the permitted height of development permitted for uses under the existing BP Zone would be 50 feet (50'), and under the proposed PO Zoning would be 75 feet (75'). For Commissioner Webster, Project Planner Thomsley clarified the Environmental Study Report (of record), regarding the acoustical survey (page 46, Section: Noise.) For Commissioner Webster, Planning Manager Ubnoske advised that the 25-foot easement on the Site Plan was a portion of the property granted to the City of Temecula for provision of a future transportation corridor, noting it was part of the General Plan. For Commissioner Webster, regarding Condition No. 60, Deputy Director of Public Works Parks relayed that the pad for this particular project had been previously graded to raise it to the existing level, specifying the grading on the adjacent School Distdct property. For Chairman Guerriero, Deputy Director of Public Works Parks clarified that Nicolas Road is a pdvate road, noting that the street had been voluntarily built by the developer; relayed that the road is not maintained by the City; and advised that maintenance of the road easement, additionally, would involve the School District. Project Planner Thornsley noted that the developer had created the easement, and granted access dghts to the School District Chairman Guerdero opened the public headng; and for the record reiterated that staff and the Commission had received five letters, relaying opposition to the project from the following individuals: Mr. Jeff Sechler, Mr. Chito Topacio, Mr. Arthur C., Ms. Brenda Bickerstaff, and William and Cindy Walker. For the record, an additional letter expressing opposition to the project was submitted to the clerk from Ms. Patdcia Madano, who spoke at the headng. Mr. Curtis Miller, the applicant, relayed a bdef history of the Pacific Gulf Properties Inc., relaying the rationale for the development of active Senior Housing Facilities; noted that a similar project recently completed in Rancho Santa Margadta (166 units) was 100% leased within a month of project completion; noted that the bulk of the residents occupying that facility came from the immediate area or had family located in that area; specified the intedor building design, inclusive of eight elevators, billlard rooms, activity rooms, creating an environment for provision of the needs of the residents; for Commissioner Fahey, clarified the rationale for the location of this type of use, noting the preference to locate adjacent to residential areas, creating a home-like setting for the occupants; and relayed that the landscape buffedng and circumferential gating will inhibit cross traffic problems with the adjacent high school. In response to Commissioner Naggar's comments, Attomey Cudey advised that the Senior Project could not be conditioned to have the residents of the facility waive their dghts to oppose the potential school stadium project, relaying that the occupants could be noticed of the potential stadium project pdor to leasing, providing assurance that the residents would be cognizant of the School Distdct's plan; and for Commissioner Webster, clarified that the State Statute sets the minimum age for residents at this type of facility at 55 years. Mr. James Mickartz, architect representing the applicant, further clarified the buffer between the project and the adjacent residential property (via photographs), specifying the approximate 40 foot differential in the elevations, noting the distance of over 300 feet between this particular project and the adjacent property; advised that the project would have no negative effect with regard to noise, differentiating this particular use from the current permitted uses which could potentially have a negative effect with regard to noise; further clarified the design of the project; advised that there are no pdmary peak hours of traffic use by this type of facility, relaying that a study relayed that at maximum peak this use would generate approximately 11 tdps per hour, alleviating the concern of the high school's current traffic impact dudng peak hours; and addressed the querying of the Commissioners, as follows: For Commissioner Soltysiak, specified the location of the gating on the project; cladfled the portion of the property to be developed for this particular project; advised that the intent for the undeveloped portion of the property was for separate ownership at a future point in time, specifying the design for provision of access on that parcel. For Commissioner Webster, specified the stucco coloring, additionally, relaying the articulation at the base of the building and the window detail for provision of additional visual interest; noted the rationale for the lack of windows and additional articulation on Building No. 2; and relayed the dimensions of the balconies. For Commissioner Fahey, noted that the peak traffic generated from the adjacent high school, specifically between 7:00 A.M. and 7:30 A.M. would not be significantly impacted by this use, indicating that an alternate permitted use under the current zoning would potentially generate additional peak hour traffic; and clarified that access to the site was directed by Caltrans. · For Commissioner Naggar, relayed that the Fire and Police Departments would direct the specifications of the address identification. · For Chairman Guerdero, relayed that the applicant would be agreeable to modify the secondary access point, for provision of access to the residents; and cladfled the architectural rationale for the carport design and colodng to detract attention, relaying that if it was the desire of the Commission, the applicant would be agreeable to adding additional color, or striping. Commissioner Fahey commended the architect for his excellent work with regard to the building design. Mr. Peter Stealing, the current owner of the project's property, clarified for Commissioner Webster, that both Rodpaugh and Nicolas Roads have been privately developed, relaying that there is a joint maintenance agreement with the School District to maintain the aforementioned roads. At 8:01 P.M. a short recess was taken, and the meeting reconvened at 8:13 P.M. The following individuals spoke in opposition to the project as currently proposed: Patricia Madano Chito Topacio Glen Zdanowski Rick Fila Jeff Sechler 39750 Knollridge Ddve 39726 Knollridge Ddve 39614 Knollridge Drive 39680 Knollridge Ddve 39714 Knollridge Ddve The above-mentioned individuals spoke in opposition to the project for the following reasons: ra Location (adjacent to the high school) Concern for the safety of the seniors ddving in an area heavily impacted with teenage ddvers and the dsk of additional accidents Noise Additional traffic The potential for non-seniors residing in the facility Height of the three-story building obstructing the view Concern regarding development of alternate permitted uses if the Zoning Designation modification was adopted and this particular project was not developed ca Concern regarding the lack of community involvement by the project's representatives, specifically with the adjacent homeowners ~ Location of the air conditioning units For Commissioner Naggar, Mr. Curtis Miller relayed the rationale for the signage, advertising for an assisted-care facility use for the undeveloped portion of the property. Mr. Curtis Miller, addressed the voiced and wdtten concerns of the community, as follows: VV'td~ regard to traffic and noise, relayed that an alternate permitted use under the current Business Park Zoning could create a greater negative impact for the adjacent property owners, With regard to the height of this particular project, reiterated that the line-of-sight diagram clarified that due to the change in elevations and the distance from the project to the adjacent property, that the homeowners would not have their view impeded. With regard to traffic issues, relayed the potential for additional generation of traffic tdps dudrig the high school's peak hours would be impacted by approximately ten to f~een percent of the working residents, occupying the senior facility, specifically by approximately 24 people; and advised that if there was a significant impact due to the additional generation of traffic, the applicant was agreeable to placing a reciprocal easement restriction on the adjacent site for provision of access to Winchester Road, if approved by Caltrans. With regard to the issue of safety dudng construction, relayed that dudng construction there would be on-site fencing, on-site superintendent supervision, and on-site safety control. · ,' With regard to property values, noted that this particular project would generate a less negative impact than alternate permitted Business Park uses. Commissioner Naggar expressed that although he concurred with the need for this type of facility in the City of Temecula, recommended that the project not be located at this particular site, relaying concern with regard to the Zoning Redesignation, as follows: a) incompatibility with the existing land use (specifically, adjacent to the existing high school), b) the potential of development at the site with uses being permitted at a height of 75 feet under the amended PO Zoning, and c) the impact of additional traffic in a currently heavily impacted area; and clarified that if additional studies were provided (i.e., traffic studies, Environmental Impact Report) addressing the aforementioned concerns he could support the project. W'rth regard to the General Plan Amendment, Commissioner Fahey expressed concem with the potential of uses permitted under the proposed PO Zoning; relayed the rationale for the current BP Zoning, noting that this particular area would need provision of access to Winchester Road for adequate circulation, specifying that one allowable access would be potentially permitted by Caltrans with uses zoned under the current BP Zoning, relaying that access would provide compatibility with the existing use; advised that the potential for PO permitted uses would not provide provision for the aforementioned access, rendering a condition whereby use for this particular parcel generates a negative impact with regard to circulation; with regard to this particular Development Plan, expressed concern with respect to incompatibility, specifically, regarding traffic and circulation; relayed that although this particular project was designed well, it was incompatible on this particular site, due to the following: a) negative environmental impact with regard to height, and traffic intensity, b) negative impact with regard to ingress and egress, and c) incompatibility with the adjacent uses, specifically with noise and the potential future development of the School District; and specified that she could not support the General Plan Amendment or the proposed Development Plan due the aforementioned concerns. With regard to the issue of incompatibility with the existing high school use, Commissioner Soltysiak queded the Commission as to what type of use developed under the current zoning would be compatible on this particular parcel; and advised that if a potential Business Park use was proposed there would be a greater negative impact with regard to peak hour traffic. Chairman Guerdero concurred with the potential negative impact a permitted BP use could 9enerate in comparison with the impact this particular project proposes. Commissioner Naggar relayed that any future development on this particular parcel would come before the Planning Commission for approval and would be approved or denied on the medt of that particular project and its particular impact. Commissioner Webster relayed that this particular project would not have a negative impact with respect to the issues of concern voiced by the adjacent property owners; regarding the Development Plan, recommended that there be minor modifications with respect to the architectural and site design; and with respect to the General Plan Amendment expressed concurrence with the aforementioned Commission comments, specifically, as follows: a) incompatibility with the existing land uses, and b) the impact the Zone Redesignatjon would generate under PO Zoning with respect to increase in traffic counts, Floor Area Ratio (FAR) increase, and building height. MOTION: Commissioner Webster moved to deny approval of the change in the General Plan; and deny the change in the Zoning designation for the proposed development. (This motion ultimately died due to lack of a second.) Planning Manager Ubnoske advised that due to the difficulties associated with the particular site and the General Plan Amendment recommended that the General Plan not be amended; recommended that the Commission reconsider the project subject to adoption of a Plan Development Overlay (PDO) Zone, which would enable the applicant to address the issues of concern (i.e., height, compatibility); relayed that the PDO Zone would provide flexibility for provision of necessary standards for this particular project (i.e., height, buffering, access); and clarified that the recommendation would be to continue the matter, allowing the applicant to withdraw the General Plan Amendment, submit a Zone Change to PDO and bring the matter back to the Planning Commission at a future point in time. For Commissioner Webster, with regard impacts the PDO Zone Change would generate, Planning Manager Ubnoske provided clarification. Commissioners Guerriero and Soltysiak expressed concurrence with Planning Manager Ubnoske's recommendation to continue the matter. Commissioner Fahey relayed that if the PDO Zone change would provide for provision of ingress and egress of the development in alternate locations, rather than at the high school, utilizing both parcels to provide adequate access she could support the recommendation to continue the matter. Chairman Guerriero relayed his comments, as follows: with regard to land use issues, noted that this particular project would create a less negative impact than other permitted uses, with regard to property values, relayed that property values in Temecula were rising; noted that while the adjacent property owners have a desire to leave this particular parcel vacant, growth and development are inevitable; advised that additional traffic control be added between this parcel and the high school; recommended that access to the private roads should be granted to the Police Department; advised that with regard to noise, this particular project would provide provision of a noise barrier;, with regard to the air conditioning units, relayed that the applicant has adequately addressed the issue in the building design and the distance barrier; noted that the City of Temecula has a need for this type of facility, enriching the quality of life in Temecula, providing provision for seniors in the community, and family members of community residents; and relayed that he could support the recommendation to continue the matter for consideration of a PDO Zone change. In response to Commissioner Naggar's comments, Planning Manager Ubnoske clarified that the expressed concerns of the Commission would be addressed when the matter was brought back before the Commission. Commissioner Naggar relayed his support of the recommendation to continue the matter. The applicant relayed that a continuance to the Apdl 21, 1999 Planning Commission meeting would be agreeable. MOTION: Commissioner Webster moved to close the public headng; and continue the matter to the Apdl 21, 1999 Planning Commission meeting. The motion was seconded by Commissioner Fahey and voice vote reflected unanimous approval. PLANNING MANAGER'S REPORT Planning Manager Ubnoske introduced the new Project Planner, Mr. Steve Gdffin. Chairman Guerdero welcomed him aboard. Bo Ms. Ubnoske presented the specific uses proposed on the outlots; relayed that she will continue to update the Commission regarding these uses since they will not come before the Commission. Chairman Guerdero expressed a desire to ensure that the design of the uses was consistent with the City's Standards, and not to adopt the particular uses prototyped designs if there is a negative visual effect. Attorney Cudey relayed the legal constraints with regard to corporate signage. Regarding the issue of illegal parking of vehicles in the City for the provision of selling the vehicles, Ms. Ubnoske relayed that there is an Ordinance prohibiting this display of such vehicles, noting that it is a Police Department issue; and advised the Commission to specifically relay problem areas for further addressing. Chairman Guerdero relayed that the problem is profuse in the City of Temecula, advising that the issue be addressed on a regular basis. Do Senior Planner Fagan presented the comer monument design for the Power Center, at Margarita and Winchester Roads; relayed that the name for the Development has been designated The Commons at Temecula; and noted the specification of the design, clarifying the representation of the design. !t was the consensus of the Commission that the design of the monument would provide a negative visual effect Mr. Fagan advised that he would forward the Commissioners comments. COMMISSIONER REPORTS Commissioner Webster relayed that numerous Diesel trucks are being parked on Diaz Road. Planning Manager Ubnoske relayed that the issue will be addressed. Commissioner Naggar relayed that he will be absent from the Apdl 7, 1999 Planning Commission due to family vacation plans, noting a desire for provision of the agenda packet for the particular meeting. With regard to CEQA modifications, Commissioner Naggar relayed a desire for provision of informational data regarding the changes. 10 Mr. Naggar relayed for informational purposes that the City of Temecula is currently hosting 30 Japanese foreign exchange students. Chairman Guerriem expressed concem with the apartment complex on Rancho California Road (east of Momga Road) with regard to the pad location, with respect to the proximity of the sidewalk. 11 ADJOURNMENT At 9:23 P.M. Chairman .(~uerriero formally adjourned this meeting to Wednesday, April 7, 1999 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. 12 ATTACHMENT NO. 6 DRAFT MINUTES OF JUNE 2, 1999, PLANNING COMMISSION \',TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'R511-512pa98 CC Appl 7-13-99.doc 38 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JUNE 2, 1999 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday June 2, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Ddve, Temecula, Califomia. ALLEGIANCE The audience was led in the Flag salute by Commissioner Webster. ROLL CALL Present: Commissioners Fahey, Naggar, Webster, and Chairman Guerdero. Absent: Commissioner Soltysiak. Also Present: Planning Manager- Ubnoske, Deputy Director of Public Works Parks, Attorney Cudey, Senior Planner Fagan, Senior Planner Hogan, Associate Planner Donahoe, Project Planner Thomsley, and Minute Clerk Hartsen. PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. Al~proval of A.Qenda MOTION: Commissioner Naggar moved to approve the agenda. The motion was seconded by Commissioner Fahey and voice vote reflected approval with the exception of Commissioner Soltysiak who was absent. 2. Apl~roval of Minutes-April 21, 1999 MOTION: Commissioner Naggar moved to approve the minutes, as wdtten. The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Commissioner Soltysiak who was absent and Commissioner Fahey who abstained. 3. Commissioner Attendance ~. Council Meetinas Planning Manager Ubnoske queded the Commission for their input regarding establishment of a policy regarding designation of one member of the Planning Commission to attend the City Council Meetings and an alternate member to serve in their stead should the initial member not be able to attend. It was the consensus of the Commission to establish a policy designating the Chairperson of the Planning Commission tO attend City Council Meetings; and recommended that in his or her inability to attend that the Vice-Chairperson would attend. 4. Public Convenience or Necessity for Trader Joe's Senior Planner Fagan presented the staff report (of record); specified the proposed location of this particular use; relayed that the use proposes to sell beer, wine, and liquor, noted that State Law requires a local finding of public convenience or necessity pdor to the issuance of an alcoholic beverage sales license; indicated that the third response on the questionnaire (denoted on page 1 of the agenda material) should be corrected to indicate within proximity to the Winchester MarketPlace in lieu of within the Winchester MarketPlace; for Commissioner Webster, provided additional clarification regarding vadance in licensed establishments, relaying the difference between ddnking establishments (i.e., bars) and markets and restaurants; and for Chairman Guerdero, relayed that there will be no consumption of alcoholic beverages on site at this particular use. MOTION: Commissioner Naggar moved to approve the finding, based upon the analysis provided. Commissioner Fahey seconded the motion. (This motion was ultimately amended.) For Commissioner Webster, Attomey Cudey provided clarification as to the Commission's charge with regard to the specifidty of the finding, relaying that although it was not necessary, if it was the desire of the Commission the motion could include the specific cdteda that the finding was based on. Chairman Guerriero recommended that the motion encompass the Commission's rationale as to the cdteda for determination of the finding for this particular use, relaying that he could support the finding due to the use being a specialty store. MOTION: (Amending his odginal motion) Commissioner Naggar moved to approve the finding of convenience and necessity based on the following: the use being a specialty store, on the responses to the questionnaire, and upon the analysis provided. (This motion ultimately died for lack of a second.) Commissioner Fahey relayed that she could not support a finding of necessity. MOTION: Commissioner Naggar moved to approve the finding of convenience based on the following: the use being a specialty store, on the responses to the questionnaire, and upon the analysis provided. Commissioner Fahey seconded the motion and voice vote reflected approval with the exception of Commissioner Soltysiak who was absent. 5. Power Center Comer Monument ~ SWC Mar.Qadta Winchester Roads Associate Planner Donahoe presented the preliminary re-design plan for the Power Center Comer Monument; relayed that the materials for this particular project would be similar to the approved freestanding multi-tenant sign; specified that the balloon and backdrop portion of the monument would be constructed of mosaic tile; and highlighted the landscape design. Mr. Cyril Cook, architect representing the applicant, provided additional clarification regarding the design of the project; specified the lighting of the monument, providing a dramatic effect; for Commissioner Webster, relayed the rationale for the placement of the logo and the address entities, noting that the address portion of the monument would not be lighted; for Chairman Guerdero, provided clarification as to the size of the monument in proportion to the building size; and relayed the general landscape plan, inclusive of berming, shrubbery, and the dense installation of trees. Commissioner Webster recommended removal of one of the listed entities, specifically the logo or the address portion of the lettering on the monument design. In concurrence, Commissioner Fahey, echoed by Commissioners Naggar and Guen'iero, recommended specifically, removal of the stone brown lettering, indicating the address. Chairman Guerdero expressed a desire to have provision of a line-of-sight diagram at the time the project is brought back to the Commission, relaying concern with respect to the view of the loading docks from Margarita Road. Senior Planner Fagan relayed the rationale of bringing this particular design forward to the Commission, solely in order to receive input, affirming Commissioner Fahey's comments that the project has 'already been approved. 6. Capital Improvement Pro~3ram-Project Descriptions and Maps Senior Planner Hogan presented the staff report (per agenda material); relayed that the City's Capital Improvement Program (CIP) is a five-year plan, regarding infrastructure, park issues, housing issues, and issues related to the continued development of Old Town; specified that the projects have been designated in terms of pdodty levels; noted that it was the Commission's charge to review the CIP for consistency with the City of Temecula's General Plan; and for Commissioner Webster, clarified the rationale of listing projects that are currently under construction. Planning Manager Ubnoske clarified the Planning Commission's purview with regard to review of the CIP; and confirmed, for Commissioner Webster, that as a community member he could present his pdodty concerns to the City Council at the June 10, 1999 CIP Workshop. With regard to Commissioner Webster's comments querying the CIP's lack of inclusion of various projects that have been recommended by the Publicrrraffic Safety Commission, Deputy Director of Public Works specified that the Rancho California Road Widening Project between Ynez and Moraga Roads would be addressed by the Public/Traffic Safety Commission in approximately two months; and relayed that although numerous circulation projects have not been listed in the CIP, that the projects have been approved by the City Council and will be initiated after completion of review. In response to Commissioner Fahey's querying as to the timing of the projects, Planning Manager Ubnoske relayed that the City Council would be reviewing and re- pdodtizing the projects, which would culminate into the final determination of timing and pdodty schedules for the listed entities. Providing additional clarification as to the timing of the projects, Deputy Director of Public Works Parks relayed that for the projects that encompass the first two years of the five-year CIP, funding has been established. In response to Chairman Guerdero's comments, regarding the Bddge Crossing Project from Diaz Road to Jefferson Avenue, Deputy Director of Public Works Parks relayed that a bddge between Rancho Califomia Road and Winchester Road has been identified, relaying that this particular project will be designed next year; and noted that the second bddge crossing that would be funded for design would be located north of Winchester Road, extending from Diaz Road to either Date Street or Cherry Street. Having reviewed the CIP for consistency with the General Plan, Chairman Guerriero relayed that no formal action was necessary with regard to this agenda item. PUBLIC HEARING ITEMS ' Planninf3 Application No. PA98-0511 (Zone Chan.~e) and Plannine Application No. PA98-0512 (Development Plan) PA98-0511: Request to change the Zoning designation at this location from Business Park (BP) to Planned development Overlay (PDO); and, PA98-0512: Request to develop a 244 unit senior's only apartment complex with a two and three story buildings on 8.3 of the 12.3 acre site. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. By way of overheads and color renderings, Project Planner Thomsley presented the staff report (of record); provided the rationale for bdnging this particular project back before the Commission after reevaluation, relaying that staff has determined that this application should be modified to include a Planned Development Oveday (PDO) which would permit less intensive uses; noted that the PDO is proposed to be adopted through a Zoning Amendment; highlighted the location, the site design, the landscape plan, amenities, architecture, and parking; relayed that additional access points have been added for the purpose of improved circulation, specifically, the addition of a second driveway on Nicolas Road, and an alternate key gate access; and noted that the traffic studies for this particular project revealed that at AM peak traffic hours (between 7:00 and 7:15 A.M.) the Senior Housing Project would generate an additional 11 tdps per hour. Project Planner Thomsley addressed the Commissioners comments, as follows: For Commissioner Naggar, clarified that the daily overall trip generation for this particular project would be between 800 and 900 trips per day; and provided additional clarification with regard to the conditional permitting of a Religious Institution use (denoted on page 26 of the staff report, Section: Schedule of Permitted Uses). For Commissioner Webster, provided additional information regarding the carports on the site design; relayed that this project would be classified as high density (30 units per acre); noted that the applicant has provided a noise study which has been ceded to the Building Department for their review; and clarified that the Development Standards would remain consistent with the standards that are currently in effect under the Business Park zoning designation, referencing page 20, Section B1, of the staff report; and indicated that the footnotes denoted on pages 25 and 27 (per agenda material) should be corrected to indicate "1 ." For Chairman Guerdero, with regard to the recommendation to install a median in the entranceway of the project, provided additional information regarding the restrictions imposed by emergency access requirements. For Commissioner Naggar, Attomey Curley further clarified the proposed zoning permitted uses with respect to the PDO, relaying that the proposed zoning amendment would not permit conversion of this project to Multiple Family Housing units. For Commissioner Fahey, Planning Manager Ubnoske advised that any future development at the high school would not require City approval, relaying that a potential project would be permitted by the State; and' advised that a Condition of Approval (COA) could be added to require that the tenants of this particular senior housing project be notified of the potential projects at the adjacent high school (i.e., stadium). VVith regard to the State approval of future projects at the high school site, Attorney Cudey advised that the process would subject the project to adherence to CEQA requirements, relaying that there would be noticing of any future proposed projects. For Commissioner Webster, Planning Manager Ubnoske provided additional information with respect to the closed dght-in and right-out access located at the high school site on Winchester Road, relaying that this closure is associated with the School District, and not the City of Temecula. For Commissioner Naggar, with regard to permitted uses in the PDO, specifically as it relates to Religious Institutions, Planning Manager Ubnoske provided additional clarification with respect to that particular use being conditionally permitted in every distdct of the City of Temecula. Mr. Curtis Miller, representing the applicant, addressed the concems and comments of the Commission, as follows: for Commissioner Webster, relayed that while this project does not have particular designated affordable housing units at this time, the project could potentially accommodate such housing; with respect to the noise impact generated from the study, relayed general mitigating measures that may be required for this particular project; for Commissioner Fahey, addressed the noise impact from the high school; and for Chairman Guerdero, specified the location of the air conditioning units. Mr. James Mickhartz, architect representing the applicant, addressed the concems and comments of the Commission, as follows: for Commissioner Webster, provided additional clarification regarding the carports, relaying that the intent of the design was to detract attention from the carports, directing visual focus to the building design due to the enhanced articulation (i.e., balconies, recessed windows); confirmed that the photograph representation presented by Project Planner Thomsley is consistent with the carport design for this particular project; in response to Chairman Guerriero's comments with regard to further articulation on the end walls, advised that the design intent was to implement enhancements that would affect the quality of life for the residents (i.e., landscaping, pool and recreational areas); relayed the specifications of the stone application at the entdes; for Commissioner Fahey, noted that due to the small size of the units, the addition of windows on the end walls would restdct needed wall space for the tenants; advised that from an architectural standpoint the suggestion to add pop-outs for additional articulation would not be desirable due to the intent to provide a visual appearance reflecting solidity; relayed that the landscaping would ultimately provide some screening of the end walls; further specified the enhanced articulation on alternate building elevations; for Commissioner Webster, specified the paint application (via the color board); provided the approximate location of the transit stop; specified the location of the easement, relaying that if at a future point in time the entire transportation corridor was utilized, the remaining landscape easement would be approximately five (5) to six (6) feet; and provided additional clarification with respect to the roof-mounted air conditioning units. For Commissioner Webster, regarding the open space requirement associated with Multiple Family Housing, Planning Manager Ubnoske clarified that this project would not need to adhere to that requirement due to the following: the applicable PDO standards, the extensive landscaping, and the fact that this project is categodzed as Senior Housing, and not Multiple Family Housing. Attomey Cudey provided additional information with respect to the standards and requirements associated with the PDO for this proposed project, reiterating that this particular project would not be categodzed as Multiple Family Housing. Mr. John Boarman, transportation engineer representing the applicant, addressed the concerns and comments of the Commission, as follows: for Commissioner Webster, relayed that the Level of Service (LOS) at Nicolas and Winchester Roads is currently at Level C dudng peak pedods, noting that this LOS would not be modified by this particular project; advised that at build-out the LOS would be at Level D dudng peak pedods; in response to Commissioner Naggar's comments with respect to the traffic impact due to weekend and evening school activities, relayed that the Traffic Study did not address weekend and night impact due to the insignificance of the impact, noting that Roripaugh Road would be accessible to accommodate the traffic associated with weekend and evening activities; in response to Chairman Guerdero's and Commissioner Fahey's expressed concem with respect to the open entranceway accessed on Nicolas Road potentially being utilized by high school traffic, advised that the residents could utilize alternate exits dudng peak traffic hours; and relayed that the entranceway would prohibit left-tums out of the project onto Nicolas Road during peak hours. For Chairman Guerdero, Project Planner Thornsley spedfled the location of the gates on the site plan. The following individuals spoke in opposition to the project: Ms. Shad Crall Ms. Debby Fischer Mr. Glen Zdanowski 31524 Bdtton Circle 31251 Felicita Road 39614 Knollridge Ddve The aforementioned individuals voiced their concems, as follows: · ,' The potential for this project to impede the proposed high school's stadium · ,' The traffic impact associated with the project -,' Mixing of teenage ddvers with senior ddvers · / Incompatible with the adjacent use, specifically the high school · ,' The height of the building · -' Recommended installation of a stop sign on Rustic Glen Ddve Ms. Crall relayed that the previously discussed dosed ddveway at the high school site was due to a Caltrans determination. For Ms. Crall, Commissioner Webster queded whether notification to the Senior Housing tenants regarding the school's proposed stadium project would allay her conceITIS. With respect to Ms. Crall's comments, Attorney Cudey provided clarification as to the effect of providing disclosure of the proposed stadium project on the rental agreements for the Senior Housing tenants, which would limit the recourse the tenants would have to impede the proposed high school projects. For Mr. Zdanowski, Project Planner Thomsley clarified that the additional ddveway would allow only dght-in and right-outs, per Caltrans' and the City's recommendation. The following individuals spoke in favor of the project: z~ Mr. Peter Steding landowner of the property in discussion 'z:7 Mr. Wayne Hall 42131 Agena Street z~ Mr. Wayne Bershaw 30149 Corte Cantera The aforementioned individuals expressed their comments, as follows: · ,' The proposed project is a more compatible use with the adjacent uses than other current permitted uses (i.e., business park) ,,,' The shopping centers proximate location to the Senior Center previding easy access for the Seniors ,,' Commended the design of the project Recommended that the project be conditioned to participate in the Affordable Senior Housing Program The need for this type of facility in the City of Temecula With respect to Commissioner Webster's querying whether the applicant would be agreeable to participate in the construction of a pedestrian overpass at Winchester Road, Mr. Miller advised that further analysis would be required before the applicant could relay agreement to participate in the proposal, Deputy Director of Public Works Parks advised that there is a Capital Improvement Project that will be initiated next fiscal year that would extend the Santa Gertrudis trevelway underneath the bddge at Winchester Road; and relayed that there will be prevision of crossing Winchester Road without accessing the street. With respect to conditioning the project to participate in the Affordable Senior Housing Project, Attomey Cudey relayed additional clarification as to placing this particular requirement on the project without provision of further analysis. Project Planner Thomsley relayed that staff had received numereus calls from the public, expressing comments in favor of the project, noting that one phone call relaying opposition to the project was received. Mr. Curtis Miller noted that the applicant has worked diligently to address the Commission's concerns which were relayed at the Maroh 17, 1999 Planning Commission meeting; and thanked the Commission for their consideration. Commissioner Fahey relayed that the additional altemate exit onto Winchester Road adequately addressed her concern with regard to access; recommended that the project be conditioned to appropriately notify the tenants of the preposed high school projects; and advised that she could support the project. After thorough review of the project, Commissioner Webster noted that this particular use was compatible with the adjacent land uses; in order to obtain Commission input, relayed concern with respect to the width of the landscape easement if the transportation corridor was utilized at a future point in time; concurred with Commissioner Fahey's recommendation to condition the project to provide tenant disclosure with regard to the existing uses and future uses at the high school site; with respect to the mitigating CEQA requirements, recommended an additional mitigation measure, regarding the noise study; with respect to the high school parking lot, suggested that the City initiate discussion with Caltrans regarding consideration to open the closed ddveway on Winchester Road at the high school which would alleviate traffic concerns; and relayed that the additional landscaping, and the two-color paint application will adequately buffer the previously discussed end walls. While acknowledging the diligent efforts of the applicant in attempting to address the concerns of the Commission, Commissioner Naggar relayed that due to the concern with regard to this use being incompatible with the adjacent use, specifically the high school (i.e., proposed lighted stadium, noise impact, numerous school activities), with great reluctance relayed that he could not support this project at this particular location. Chairman Guerdero recommended that at the main entranceway off Nicolas Road, the applicant work with staff to investigate design of a median with additional stop signs controlling outbound traffic. Project Planner Thomsley specified that the ddveway is currently 30 feet wide, that due to required provision for emergency access the recommended project would need to encompass two 20-foot driveways, and then additional width for provision of a median. Chairman Guerdero recommended that staff investigate mitigating measures to slow down the in-and-out traffic at the aforementioned entranceway. Per Commissioner Webster's suggestion, Project Planner Thomsley advised that the radius of the curvature in the area of discussion is required to provide provision for the turning radius of the Fire Department trucks, relaying that this turning radius could not be lessened. The applicant relayed that he would be agreeable to work with staff to investigate measures to address Chairman Guen'iero's concern with regard to the entranceway. With respect to Chairman Guerdero's comment regarding the landscaping issue along Winchester Road, Project Planner Thornsley provided additional clarification with respect to the long-range ineffectiveness of increasing the tree size. Commissioner Fahey expressed reluctance to require additional landscaping along the Winchester corridor due to the requirement not being placed on other projects; and suggested that a specific width landscape easement be maintained, ensuring an adequate buffer if the transportation corridor was utilized. In concurrence with Commissioner Fahey, Planning Manager Ubnoske relayed a reluctance to require provisions for this particular project in light of other uses not being conditioned for those requirements. For Chairman Guerdero, Deputy Director of Public Works Parks advised that there would be adequate provision for acceleration with respect to exiting the driveway onto Winchester Road, relaying that due to the approaching signal at Nicolas Road the traffic would be slowing down; and with respect to the transportation corridor, relayed that the potential transportation system in the corddor may not utilize the complete corddor (i.e., a monorail system). While concurring with Commissioner Webster's recommendation to construct a pedestrian overpass, Commissioner Fahey advised that she would not recommend placing a nexus on this particular project. Commissioner Webster clarified that it was his desire that the City initiate the process of designating the specific location for the overpass project, and to then initiate the design portion of the project; and recommended adding the project to the CIP. Mr. Miller suggested that the landscape easement be modified to incorporate a denser landscape buffer, in lieu of a wider one. Commissioner Webster relayed that it was his recommendation that the applicant work with staff to create a landscape easement that would be consistent with the General Plan, providing adequate width if the transportation corddor was developed. For Commissioner Webster, Attomey Cudey advised that if it was the desire of the Commission to address the aforementioned landscape easement in the COA's that on page 35, Condition No., additional language could be added to reflect "Landscaping shall conform substantially with the approved Conceptual Landscape Plan, Exhibit F, and with the General Plan..." Planning Manager Ubnoske recommended that an additional COA be added to state that the project shall comply with the mitigation measures contained in the noise study prior to the issuance of building permits. With regard to the Commission's desire to condition the project with respect to disclosure, Attorney Cudey read into the record an additional Condition, as follows: Condition No. 106: The applicant shall prrepare and submit for the approval of the Planning Manager a disclosure statement identifying the adjacent high school use, and those uses and activities thereon reasonably anticipated to occur. The applicant shall provide a copy of the approved disclosure statement to each person occupying a unit in the project;, and clarified the rationale for the use of broad language. The applicant expressed agreement to the aforementioned Condition No. 106. MOTION: Commissioner Fahey moved to close the public hearing; adopt Resolution No. 99-015 recommending approval of Planning Application No. PA98-0511 (Zoning Amendment, Planned Development Overlay) based upon the Analysis and Findings contained in the Staff Report; adopt the Mitigated Negative Declaration for Planning Application Nos. PA98-0511 (Zoning Amendment, Planned Development Overlay) and PA98-0512 (Development), including mitigation measures for the noise study; adopt the Mitigation Monitoring Program for Planning Application No. PA98-0512 (Development Plan), addressing the new study as well; and adopt Resolution No. 99-016 approving Planning Application No. PA98-0512 (Development Plan) based upon the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. 10 RESOLUTION NO. PC 99-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY. COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP AND DEVELOPMENT · CODE OF THE CITY OF TEMECULA FOR PROPERTY KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY; ALSO KNOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT PA98-0477, PREVIOUSLY ASSESSOR'S PARCEL NOS. 911-170-078 AND 911-170-085. (PLANNING APPLICATION NO. PA98-0511 ) RESOLUTION NO. PC 99-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0512 (DEVELOPMENT PLAN) A PROPOSAL TO BUILD A 244 UNIT SENIOR HOUSING COMPLEX WITH TWO AND THREE STORY APARTMENT BUILDINGS ON 8.3 ACRES; LOCATED ON THE NORTHWEST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD, KNOWN AS LOTS 166 AND 181 OF THE TEMECULA LAND AND WATER COMPANY; ALSO KNOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT PA98-0477, PREVIOUSLY ASSESSOR'S PARCEL NOS. 911-170-078 AND 911-170-085 Add That the applicant work with staff to design an appropriate landscape easement consistent with the General Plan (adding additional language to Condition No. 8, as worded on page 10 of the minutes.) That the applicant provide a disclosure statement to the tenants of the Senior Housing complex (with the addition of Condition No. 106, as worded on page 10 of the minutes.) · That the applicant work with staff to design a median or other mitigating measure to control in-and-out traffic at the main entranceway. The addition of a Condition with language stating that prior to issuance of building permits, the project shall comply with the mitigation measures contained in the noise study. The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Commissioner Naggar who voted n_go and Commissioner Soltysiak who was absent. At 8:42 P.M. a short recess was taken, and the meeting reconvened at 8:56 P.M. 11 PLANNING MANAGER'S REPORT Planning Manager Ubnoske informed the Commission that staff will be distributing a Planning Guide to the Commission on a monthly basis to provide an overview of upcoming projects and workshops. B= Ms. Ubnoske relayed that the City Council/Commission Workshop regarding: Brown Act/Conflict of Interest will be held on Tuesday, June 15, 1999. C= For informational purposes, Ms. Ubnoske relayed that the City Council will consider the matter of hidng a recommended consultant for the purpose of updating the City's Housing Element at the next City Council meeting. Ms. Ubnoske relayed that staff will be bdnging to the Commission a conceptual site 'plan of the Home Depot proposed to be located at Highway 79 South in the Village Center, for the purpose of obtaining preliminary Commission input. COM MISSlONER REPORTS In response to Commissioner Naggar's comments, Senior Planner Hogan advised that it is the goal of staff to provide an end-of-year summary at the end of this calendar year. With respect to the Rodpaugh Ranch Workshop, Commissioner Webster recommended providing the matedal to the Commissioners as soon as possible. In response to Commissioner Webster's comments regarding the Southem Califomia Moving and Storage Project's deviation from the grading plan that was approved by the Planning Commission, and with respect to the applicant filling in the area adjacent to the retaining wall located on the adjacent property without permission from the property owner, Deputy Director of Public Works Parks relayed that he would further investigate the matters. For informational purposes, Chairman Guerriero relayed that per phone correspondence with the Alcohol Beverage and Control Agency in Riverside the following facts were obtained regarding alcoholic establishments in the Census Tract 'that primarily encompasses Temecula: The alcoholic establishments are divided into two categories. On-Sale Establishments (where the alcohol is consumed on site) a. The State allows 28 of these particular uses. b. The Census Tract (which encompasses primarily the City of Temecula) currently has 82 of these particular uses, with three pending. Off-Sale Establishments (where there is no alcoholic consumption on site) a. The State allows 21 of these particular uses. b. The Census Tract currently has 34 of these particular uses, with no pending uses due to the fact that the State will not approve additional sites. 12 Planning Manager Ubnoske provided additional clarification regarding allowable alcoholic establishments; and relayed the City's efforts to maintain a cdteda for allowance that is legally defensible. Attorney Cudey advised that the alcoholic establishments be evaluated as individual uses based on the analysis provided for each particular project, rather than basing the approval solely on numbers; and provided additional cladficetion with regard to the development of a more specific criteda for making a finding of convenience of necessity. ADJOURNMENT At 9:17 P.M. Chairman Guerdero formally adjoumed this meeting to a City Council/Commission Workshop regarding: Brown Act/Conflict of Interest on Tuesday, June 15, 1999 at 6:00 P.M., and the next regular meeting Wednesday, June 16, 1999 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Ddve, Temecula. Ron Guerdero, Chairman Debbie Ubnoske, Planning Manager 13 ITEM 27 CITY OF TEMECULA AGENDA REPORT CiTY MANAGER TO: FROM: DATE: SUBJECT: City Manager/City Council Gary Thornhill, Deputy City Manager' July 27, 1999 Ordinance Regulating Massage Establishments and Massage Practitioners (Planning Application PA97o0201 ) RECOMMENDATION: Read by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22, TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR MASSAGE ESTABLISHMENTS WITHIN THE CITY OF TEMECULA, AND CHAPTER 5.23 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR MASSAGE PRACTITIONERS WITHIN THE CITY OF TEMECULA, REPEALING RIVERSIDE COUNTY ORDINANCE NO. 596 AS ADOPTED BY THE CITY, AND AMENDING SECTION 1.08.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE OF RIVERSIDE COUNTY ORDINANCES. BACKGROUND: Staff has been working with a subcommittee composed of local massage practitioners for the past year to try to develop an ordinance that provides a basic regulatory framework to permit the practice of legitimate massage and make it more difficult to use the massage profession as a cover for other illegal activities. The draft ordinance has been developed to ensure that massage businesses and practitioners meet certain standards. An essential component of the ordinance is the requirement for background checks of all massage business operators and massage practitioners. Persons who have cdminal records could be prohibited from either operating or working in a massage establishment. \\TEMEC_FS201 ~DATA~DEPTS~PLANNING\STAFFRPT~201 PA97 CC2.doc 1 The Ordinance would create Chapter 5.22 of the Temecula Municipal Code to regulate the ownership and operation of massage establishments. This Chapter would also set performance standards for how massage establishments can operate. The proposed Ordinance would also create Chapter 5.23 of the Temecula Municipal Code to regulate the certification and approval of massage practitioners. A copy of the proposed Ordinance is included as Attachment No. 1. The latest revised draft ordinance was last presented to this subcommittee on May 4, 1999. The pdmary concerns of the massage professionals who attended this meeting was the requirement that beginning massage practitioners (who have graduated from an approved school) can only do massage by working for someone else. In addition, staff already identified a potential redundancy within the proposed ordinance for independent massage practitioners. The proposed ordinance has been amended to address both of these issues. Supervision Requirement The initial draft of the Ordinance required that only massage practitioners who have completed at least 500 hours of education could provide massage services independently of another person. To obtain more information about this, staff contacted the American Massage Therapy Association (AMTA). The representative of AMTA stated they have two membership levels, one for students and first-time practitioners and another level of membership for practitioners who have at least three years of professional experience. The AMTA does not require that beginning massage professionals practice under a more experienced person. As a result, staff has removed the requirement that massage professionals with less than 500 hours of education be required to work for massage therapist with 500 or more hours of education. Independent Massage Practitioners One issue that was brought up to staff by the massage professionals is the plight of the independent massage practitioner. An independent practitioner is a massage professional who operates their own business where only they provide massage services. Under earlier versions of the ordinance, this person would have had to apply for both a massage establishment permit and a massage practitioner license. Since both processes are similar, it seemed unreasonable to require a person to receive two identical approvals for the same business. As a result, a definition for independent practitioner and Section 5.23.080 were added to the draft ordinance to address this situation. To prevent this provision from being used as a loophole for non- legitimate massage, these businesses are prohibited from sharing space and/or support staff with other massage practitioners or establishments. Environmental Review The adoption of this ordinance consists of regulations to oversee a medical/business practice that utilizes existing business space. Because these activities will take place at previously developed facilities and do not generate any hazardous or toxic materials, the regulation of massage businesses and professionals could not have an impact on the physical environment. Therefore, the adoption of this ordinance is exempt from environmental review pursuant to Subsections 15061 (b)( 1 ) and (3) of the C EQA Guidelines. \\TEMEC_FS201~)ATA~)EPTS~PLANNING\STAFFRPT~201 PA97 CC2.doc 2 FISCAL IMPACT: Permit application fees will be determined through the user fee study currently being prepared by DMG, Some additional staff time will be required to monitor and enforce the ordinance. This additional staff time will occur pdmadly in the Community Development and Police Departments. The costs associated with adopting and implementing this ordinance are not expected to be significant. ATTACHMENT: 1. Draft Ordinance - Page 4 \\TEMEC_FS2OI~)ATA~)EPTS~PLANNING\STAFFRPT~.01 PA97 CC2.doc 3 ATTACHMENT NO. 1 DRAFT ORDINANCE \\TEMEC_FS201 ~DATA~DEPTS~DLANNING\STAFFRPT~201 PA97 CC2.doc 4 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22, TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR MASSAGE ESTABLISHMENTS WITHIN THE CITY OF TEMECULA, AND CHAPTER 5.23 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR MASSAGE PRACTITIONERS WITHIN THE CITY OF TEMECULA, REPEALING RIVERSIDE COUNTY ORDINANCE NO. 596 AS ADOPTED BY THE CITY AND AMENDING SECTION 1.08.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE OF RIVERSIDE COUNTY ORDINANCES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Findin.qs. In adopting this Ordinance, the City Coundl of the City of Temecula makes the following findings: A. The use of therapeutic massage by members of the community has increased substantially in recent years. The type of massage services and the manner in which such services are provided to members of the community has also changed to meet the new demands of the community. Accordingly, it is necessary for the City to revise its massage regulations to reflect the changes in the manner in which massage services are provided to members of the public by massage professionals. B. State law allows cities to license massage establishments and those persons who provide massage services. C. Given the absence of comprehensive state regulations, local regulation of massage establishments and those who provide massage services is necessary to protect the public health, safety, and welfare by: 1. Establishing and requiring a dean and safe environment for massage services be maintained; 2. Requiring minimum standards for the education, training, and conduct of massage practitioners; and, 3. Enhancing public confidence in those who provide massage services within the City of Temecula. Section 2. Title 5, "Business Licenses and Regulations," of the Temecula Municipal Code is hereby amended by adding Chapter 5.22, "Massage Establishments," to the Temecula Municipal Code to read as follows: "CHAPTER 5.22 MASSAGE ESTABLISHMENTS 5.22.010 Definitions. For the purposes of this Chapter, only the words, terms, and phrases set forth in this Section \XTEMEC FS201\DATA\DEPTS\PLANNING\Final Dral~ Massage Ordinance.doc 1 shall have the meanings herein set forth unless the context cleady requires a different meaning. A. 'Accredited School of Massage' means a licensed educational enterprise accredited to provide bona fide education in the field of massage. Such accreditation must be awarded by the governmental agency having jurisdiction upon these schools. B. 'Director' means the Director of Community Development or his or her designee. C. 'Employee' means and includes every owner, partner, manager, supervisor, and worker, whether paid or not, who renders massage services, or activities that further massage services, of any nature in the operation of a Massage Establishment; D. 'Independent Practitioner' means a massage practitioner, licensed subject to the applicable regulations, who is the sole operator and massage practitioner at a small scale massage establishment that meets all the following requirements: 1. All massage services are provided only by the licensed massage practitioner who owns or leases the facility; and, 2. The massage services are not provide in conjunction with, or share any space or support staff, with any other independent massage practitioner or massage establishment; and, 3. The business space owned or leased by the independent practitioner may not be shared or jointly utilized by any other massage practitioner; and, 4. The total floor space for the independent practitioner will generally be less than one thousand (1000) square feet. E. 'Permit' means the Permit to operate a Massage Establishment as required by this Chapter. F. 'Massa.ae' means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the internal or external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations, including, without limitation, shiatsu, acupressure, or similar activities. G. 'Massa.cle Establishment' means any business organization having a fbxed place of business where any individuals, either as employees or as participants in a business organization, including but not limited to a firm, assodation, partnership, corporation, joint venture, limited liability company, or other combination of individuals, engages in, conducts, carries on, permits or suffers to be engaged in, conducted, or carded on for consideration, massages or health treatments involving massage. Massage Establishments may be in located in (i) space entirely devoted to a Massage Establishment, (ii) within other types of businesses subject to the provisions of this Chapter, or (iii) conducted upon the premises of a client. H. 'Massa.ae Practitioner' means any person who administers massages to another person for any consideration whatsoever, has completed at least 100 hours of education through an accredited school of massage. I. 'Person' means any individual, firm, association, partnership, corporation, joint venture, limited liability company or partnership, or combination of individuals. \\TEMEC_FS201\DATA\DEFrS\PLANNING\Final Draft Massage Ordinance.doc 2 .1. 'Person Who has En.cla.cled in Disclualifvin.cl Conduct' means a person who: 1. Within twenty (20) years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within twenty (20) years of the date of notice of headng pursuant to Section 5.22.120, has been convicted in a court of competent jurisdiction of: a. Any misdemeanor or felony offense which relates directly to the operation of a Massage Establishment, or effected public safety, whether as a Massage Establishment owner or operator, or Massage Practitioner; or, b. Any felony, the commission of which occurred on the premises of a Massage Establishment; or, 2. Within twenty (20) years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within twenty (20) years of the date of notice of revocation or suspension headng, whichever is applicable, has had any Massage Establishment, operator, Massage Practitioner, or other massage related Permit or permit issued by the State of California, or any county or city revoked; or, 3. Within twenty (20) years immediately preceding the date of the filing of the application, or in the case of revocation or suspension proceedings, within twenty (20) years of the date of notice of revocation or suspension hearing, whichever is applicable, has been convicted in a court of competent jurisdiction of: a. Any violation of California Penal Code Sections 266(h), 266(I), 315, 316, 318, or Section 674(b), as amended, which are hereby incorporated by reference; or, above; or, b. Conspiracy or attempt to commit any such offense defined in subsection 3.a. c. Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or, d. Any felony offense involving the sale of a controlled substance specified in Califomia Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; as amended, which are hereby incorporated by reference; or, e. Has been found guilty of or pleaded guilty or nolo contendere to any lesser- included offense of the violations identified in Subsections 3.a. and/or 3.d. above; or, 4. Is required to register under the provisions of California Penal Code Section 290; or, 5. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Califomia Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California. K. 'Spedfled Anatomical Areas' shall .include the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top or side of the areola. \\TEMEC_FS201\DATA\DEPTS\PLANNING\Final Draft Massagg Ordinance:.doc 3 5.22.020 Massage Establishment Permit Required. It shall be unlawful and a misdemeanor, subject to prosecution and punishment in accordance with Section 1.20.010 et seq. of this Code, for any person as an owner or operator to engage in, conduct, or carry on, in or upon any premises within the City the operation of a Massage Establishment without a Permit obtained from the Director as required by this Chapter, unless such person, owner or operator is exempted from the provisions of this Chapter by Section 5.22.025. A separate Permit shall be obtained for each separate Massage Establishment operated by such person. Upon payment of the appropriate application fee, a Massage Establishment Permit shall be issued to any person who has complied with the requirements of this Chapter and all other applicable provisions of the Code, unless grounds for denial of such Permit are found to exist. A Permit to operate a Massage Establishment shall be valid for a pedod of one (1) year, commencing at the date of issuance. 5.22.025 Exemptions. A. This Chapter shall not apply to the following classes of businesses: 1. Physidans, surgeons, chiropractors, or osteopaths who are duly licensed to practice their respective professions in the State of California under the provisions of the Business and Professions Code, while performing activities encompassed by such professional Permits; or, 2. Nurses or physical therapists who are duly licensed to practice their professions in the State of California under the provisions of Business and Professions Code, while performing activities encompassed by such professional Permits; or, 3. Other health care personnel engaged in the healing arts as regulated and licensed by Division 2 of the Business and Professions Code; or 4, Athletic trainers certified by the State of California performing training services at bona fide professional, amateur or school athletic events or practices. 5. A Massage Practitioner operating their own massage business under a valid Independent Practitioner's Permit issued pursuant to Section 5.23.080 of the Temecula Municipal Cede. 5.22.030 Requirements for Massage Establishment Permit Applications. A. On the application the Applicant shall set forth, in reasonable detail, the exact nature of the massage, bath, or health treatments to be administered, the proposed place of business and facilities therefor in addition to the following information on forms approved by the Director: 1. The previous residence addresses of applicant, if any, for a peded of eight (8) years immediately prior to the date of the application and the dates of residence at each; 2. Reasonable proof that the applicant is at least eighteen (18) years of age; 3. The history of the applicant as to the operation of any Massage Establishment or similar business or occupation within eight (8) years immediately preceding the filing of the application. Such information shall include, but shall not be limited to, a statement under penalty of perjury of the laws of the State of California as to whether or not such person, in previously operating a Massage Establishment within this State under a license or permit, has had such license or permit revoked or suspended and the reasons thereto; and the business, activity, or occupation the permit applicant engaged in subsequent to such action of revocation or suspension; \\TEMEC_FS20I \DATA\DEPTS\PLANNING\Final Draft Massage Ordinanc¢.doc 4 4. Business, occupation, or employment history of the applicant for the five (5) years immediately preceding the date of the application; 5. Applicant's height, weight, eye color, and hair color; 6. Fingerprints for purposes of establishing identification; 7. Two (2) prints of a recent passport-size and type color photograph of the applicant; 8. All criminal convictions or offenses described in Paragraph J of Section 5.22.010; whether the applicant is required to register under the provisions of California Penal Code Section 290; whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Cede Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California; 9. If the applicant: a. Is a corporation, then the application shall set forth the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding stock in the corporation, along with the amount of stock held. b. Is a partnership, then the application shall set forth the name and residence addresses of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant shall apply. c. Is a limited liability company, then the name of the company shall be set forth exactly as shown in its articles of organization or operating agreement, together with the names and residence addresses of each of its officers, directors, and each member along with a description of the relative business interests of the members. d. Is any other form of business organization, the application shall set forth the name and residence of each participant. 10. The names and residence addresses of all persons currently employed or intended to be employed in the Massage Establishment, regardless of the nature of the employment, including the names and addresses of any person permitted pursuant to Section 5.22.020 along with the proposed or actual nature of the work performed or to be performed, and recent passport-sized color photographs, suitable for the Director to process the application of each such employee. The Director shall require such employees to furnish fingerprints for the purpose of establishing identification. Any applicant or permittee shall notify the City in writing of the names, addresses, and nature of the work, or any new employees, within five (5) days of such employment, and supply the photographs described in this subsection. Such new employees shall allow fingerprints to be taken for the purpose of identification upon request; 11. A statement in writing by the applicant that he or she certifies under penalty of perjury of the laws of the State of Califomia that the information contained in the application is true and correct, said statement being duly dated; 12. Authorization for the City, its employees and agents to seek information and conduct an investigation, including, but not limited to, a records check of prior convictions, into the truth of the statements set forth in the application and the qualifications of the applicant for the Permit; and, \~TEMEC FS201\DATA\DEPTS\PLANNING\Final Draft Massage Ordinance.doc 5 13. Such other information as may reasonably be deemed necessary by the Director. B. Notwithstanding the fact that an application filed hereunder may be a 'public record' under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, pdvate, confidential, or the disclosure of which could expose the applicant to a dsk of harm. Those portions of the application which are not subject to disclosure are: the applicant's residence address and telephone number, the applicanfs date of birth and/or age, the applicant's ddver's Permit and/or Social Secudty Number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this Chapter by ensuring that the applicant's privacy, confidentially, or security interests are protected. The City Clerk shall cause to be redacted from any copy of a completed Permit application made available to any member of the public, the information set forth above. 5.22.040 Massage Establishment Permit Application Fee. Any application for a Permit to operate a Massage Establishment shall be accompanied by a non-refundable fee in an amount established by resolution of the City Council. The application fee shall be used to pay the costs of the investigation, any reports, and related application processing issues. 5.22.050 Approval or Denial of a Massage Establishment Permit. A. Within forty-five (45) calendar days following receipt of a completed application and verification of the information contained in application, the Director shall either issue the Permit or mail a written statement of the reasons for denial thereof. For the purposes of the timeline identified in this section, the forty-five (45) calendar day period does not begin until the City has received the required law enforcement reports B. The Director shall deny a Permit to any applicant where any of the following conditions exist: 1. The applicant has made one (1) or more material misstatements in the application for a Permit; or, 2. The applicant, or the partners, limited partners, shareholders, members, officers, or the manager of the applicant, or any such individual, is a person who has engaged in disqualifying conduct in the past twenty (20) years, as described in Paragraph I of Section 5.22.010; or, 3. The Massage Establishment, as proposed by the Permit applicant, if permitted, would not comply with all the applicable laws, including, but not limited to, all the City's building, fire, zoning, and health regulations; or, 4. The applicant is lacking in the backgreund and qualifications to conduct a bona fide Massage Establishment; or, 5. Any persons to be employed by applicant are persons who have engaged in disqualifying conduct as described in Paragraph J of Section 5.22.010; or, 6. The applicant has violated any provision of this Chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of Massage Establishments; or, \\TEMEC FS201\DATA\DEFrS~PLANNING~Final Draft Massag~ Ordinance.doc 6 7. The applicant is less than eighteen (18) years of age. C. Any appeal of the derision by the Director to deny a Massage Establishment Permit shall be made in accordance with the provisions of Section 5.22.120 of this Code. 5.22.060 Applicability to Existing Massage Establishments. Each owner or operator of a Massage Establishment legally doing business on the effective date of this Chapter shall apply for a Permit not later than ninety (90) days therefrom, and shall comply with all requirements which are prerequisites for issuance of a Permit before such a Permit may be issued. If a Permit is denied for any such business, the business shall cease operation upon issuance of the Director's decision. The Director may allow additional time for employees of an applicant to comply with the educational requirements for the Massage Practitioners contained in Chapter 5.23 of the Temecula Munidpal Code. 5.22.070 Massage Establishment Facility and Operational Requirements. All Massage Establishments shall comply with all applicable requirements of Federal, State, or local laws, rules, regulations and ordinances including, but not limited to the following criteria: A. Cabinets or other covered space shall be provided and used for the storage of dean linen. Approved receptacles shall be provided for the storage of all soiled linen, paper towels, and other discarded or disposed items. B. Ventilation shall be provided in accordance with the applicable provisions of the construction codes adopted by the City of Temecula as set forth in Title 15 of this Code. To allow for adequate ventilation in cubicles, rooms, and areas provided for patrons' use, which are not serviced directly by required windows or mechanical systems of ventilation, partitions shall be constructed so that the height of partition does not exceed seventy-five percent (75%) of the floor-to-ceiling height of the area in which they are located. C. All Massage Establishments shall be provided with dean and sanitary towels, sheets, and linens in suffident quantity to service the patrons of the fadlity. Towels, sheets, and linens shall not be used by or for more than one person. Reuse of linen is prohibited unless the linen has first been laundered. Heavy white paper may be substituted for sheets; provided that such paper is used once for each person and then discarded into a sanitary receptacle. D. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical radiities including appliances and apparatuses of the establishment must be in good repair and maintained in a dean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. E. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing any massage and said instruments shall be disinfected and sterilized after each use. F. To assure patrons' health, safety, sanitation, and comfort, all employees and massage practitioners shall be both physically dean and dressed in such a manner which does not expose any Spedfled Anatomical Areas when performing services on patrons. There shall be no nudity by employees of the Massage Establishment and employees shall not reveal Spedfled Anatomical Areas while customers or patrons are present. All patrons shall be appropriately draped so as to cover Spedfled Anatomical Areas while receiving massage services. \\TEMEC FS201\DATA\DEPTS\PLANNING\Final Draft Massage Ordinance.doe 7 G. No Massage Establishment shall be kept open for business between the hours of midnight and 7:00 a.m. H. No alcoholic beverages shall be sold, served, fumished, kept, or possessed on the premises of any Massage Establishment, as the premises are defined in the Massage Establishment Permit. 5.22.080 Display of Permits and Licenses. The owner or operator of a Massage Establishment shall display the Permit and the Permit of each and every Massage Practitioner employed or doing business in the establishment in an open and conspicuous place on the premises. Passport-size and type color photographs of the Licensee and Permittee shall be affixed to the respective Licenses and permits on display pursuant to this Section. 5.22.090 Inspection by Officials. Any and all investigating officials of the City shall have the right to enter Massage Establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to ascertain whether there is compliance with the provisions of this Chapter. No such inspections shall be done in a manner that unreasonably interferes with the legitimate business operations of the fadlity. 5.22.100 Notice of Violation. A. Whenever the City conducts an inspection of a Massage Establishment and finds that any provision of this Chapter has been violated, the Director shall give notice of such violation by means of an inspection report or other written notice. In any such notification, the Director shall: 1. Set forth the specific violation or violations found; 2. Establish a spedtic and reasonable period of time for the correction of the violation or violations. If the Director determines that the violation or violations are minor in nature, the Director may issue a warning to the permittee or licensee that any further violation of this Chapter may result in the filing of a complaint for revocation or suspension of the Permit or permit; 3. State that failure to comply with any notice issued in accordance with the provisions of this Chapter may result in the Director filing a complaint for revocation or suspension of the Permit or License. B. Violations of Sections 5.22.070 and 5.22.080, whether or not a Permit was issued pursuant to the provisions of Chapter 5.22 or 5.23 of the Temecula Municipal Code, may be cited pursuant to the provisions of Chapter 1.21 of the Temecula Munidpal Code. Every day that these provisions are violated shall be a separate violation of this Chapter. Every violation of this Chapter shall be punishable as a misdemeanor. Notwithstanding these provisions, any violation of the provisions of Sections 5.22.070 and 5.22.080 may also be prosecuted under the provisions of Section 5.22.110. 5.22.110 Revocation or Suspension of a Massage Establishment Permit. After an investigation, notice, and headng, any Permit issued for a Massage Establishment may be revoked or suspended by the Director where any of the following is found: A. The permittee has violated any provisions of this Chapter; or, \\TEMEC FS201\DATA\DEFFS\PLANNING\Final Draft Massage Ordinance.doe 8 B. The permittee is a person who has engaged in disqualifying conduct as described in Paragraph J of Section 5.22.010; or, C. The permittee has failed to comply with one or more of the facilities and operations requirements of Section 5.22.070; or, D. The permittee has failed to comply with the requirements of Section 5.22.080; or, E. The permittee has engaged in fraud, misrepresentation, or false statement in conducting the Massage Establishment; or, F. The permittee has continued to operate the Massage Establishment after the Permit has been suspended; or, G. The permittee has allowed a person to work as a massage practitioner who: 1. Does not have a valid Massage License as defined in Chapter 5.23 of the Temecula Municipal Code; or, 2. Has engaged in conduct or has been convicted of an offense described in Paragraph J of Section 5.22.010 when the permittee has actual or constructive knowledge of such conduct or conviction. 5.22.120 Hearing on Revocation or Suspension of a Massage Establishment Permit or Massage Practitioner License. A. Upon determining that grounds for revocation or suspension exist, as set forth in Sections 5.22.11 O, the Director shall furnish written notice of the proposed revocation or suspension of the Permit to the Permittee. The Notice shall contain a summary of the reasons for the proposed revocation or suspension and a statement that the Permittee has ten (10) calendar days of the date on the notice to request a hearing under the provisions of this Section. This Notice shall be delivered to the Permittee in the following manner: ]. By posting the Notice at the location of the Massage Establishment; 2. By sending the Notice by certified mail, postage prepaid, addressed to the Permittee as that name and address appear on the Permit; and, 3. By sending the Notice by regular mail, postage prepaid, addressed to the Permittee as that name and address appear on the Permit. B. If a request for a hearing is filed within the required time period, the City Manager shall appoint a Headng Officer, within five (5) business days after receiving the request, to conduct a headng. The Headng Officer shall be a professional in the field of dispute resolution. The Hearing Officer shall schedule the headng within twenty (20) calendar days of the City Managers appointment. C. Notice of time and place of the hearing shall be given to the Permittee by personal service or via certified mail and regular mail, postage prepaid, at least ten (10) business days in advance of the date set for the hearing. D. The Hearing Officer shall conduct the hearing, receive oral and wdtten testimony and other evidence, and subsequently prepare findings of fact. At the hearing, the Permittee and the Director shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under \\TEMEC_FS201\DATA\DEFFS\PLANNING\Final Draft Massage Ordinance.doc 9 oath. The Hearing Officer shall receive such evidence as would be relied upon by persons in the conduct of sedous affairs. The Headng Officer shall not be bound by the statutory rules of evidence in the conduct of the hearing, except that hearsay evidence may not be the sole basis for the determination of whether an ultimate fact exists. E. Within ten (10) business days of the conclusion of the hearing, the Hearing Officer shall submit the evidence received and his or her written findings of fact to the City Manager. F. Within ten (10) business days thereafter, the City Manager shall hold a hearing and shall decide whether the grounds for revocation or suspension under Section 5.22.110 exist. The City Manager's decision shall be based only on the evidence received by the Hearing Officer, the findings of fact of the Hearing Officer, and the written and oral arguments of the Director and the Permittee. Evidence which was not introduced at the hearing before the Hearing Officer shall not be received or considered by the City Manager. G. The City Manager's derision shall be in wdting and shall contain written findings of fact and his or her conclusions of whether any grounds for revocation or suspension of the Permit exist. The decision of the City Manager shall be final and conclusive and is not be appealable to the City Council. H. The City Manager's decision on the revocation or suspension of the permit shall be served upon the Permittee by personal service or via certified mail and regular mail, postage prepaid, at the address of the Permittee contained in the Permit. The City Manager's derision shall be effective upon personal service or, if service is by mail, then two (2) business days following the deposit of the derision with the U. S. Postal Service. 5.22.130 Return of Permit. In the event that a Permit is suspended, revoked or invalidated, the Permittee shall forward their copy of the Permit to the City official who issued it not later than the end of the third (3rd) business day after notification of the cancellation, suspension, revocation or invalidation. The failure to return a Massage Establishment Permit to the City within three (3) business days after notification shall constitute a violation of Section 5.22.020. 5.22.140 Reapplication After Denial or Revocation. A. An applicant for a Permit under this Chapter whose application for such Permit has been denied may not reapply for such Permit for a period of five (5) years from the date such notice of denial was deposited in the mail or received by the applicant, whichever occurs first. However a reapplication prior to the termination of five (5) years may be made if accompanied by evidence that the ground or grounds for denial of the application or revocation no longer exist. B. A permittee under this Chapter whose Permit has been revoked, canceled, or terminated may not reapply for such Permit for a pedod of five (5) years from the date such revocation, cancellation, or termination. However a reapplication prior to the termination of five (5) years may be made if accompanied by clear and convincing evidence that the ground or grounds for denial of the application no longer exist. 5.22.150 Business Name. No person permitted to operate a Massage Establishment shall operate under any name or conduct business under any name or designation not spedfled in the Permit. \\TEMEC_FS201\DATA\DEFFS\PLANNING\Final Draft Massag~ Ordinance=.doc 10 5.22.160 Business Name Change. Upon a proposed change of location of a Massage Establishment, an application shall be made to the Director, and such application shall be granted, subject to and provided all applicable provisions of this Chapter are complied with, and a change of location fee in an amount established by a resolution of the City Council to pay the costs of investigation and report has been paid to the City. 5.22.170 Sale or Transfer of Massage Establishment Interest. A sale or transfer of any interest in a Massage Establishment, which interest would be reported as required in this Chapter upon application for a Massage Establishment Permit, shall be reported to the Director within ten (10) days subsequent to the sale or transfer. The Director shall investigate any person receiving any interest in a Massage Establishment as a result of such sale or transfer, and if such person satisfies the requirements relating to Massage Establishment Permit applicants, the existing Permit shall be endorsed to indude such person. A fee as set forth by resolution of the City Coundl shall be paid to the City for the investigation by the Director necessitated by each such sale or transfer. 5.22.180 No Refund of Application or Processing Fees. No refund or rebate of any permit related fees shall be allowed by the reason of the fact that the permittee discontinues an activity for which a Permit is required pursuant to this Chapter, or that the Permit is suspended or revoked." Section 3. 'Etle 5, "Business Permits and Regulations," of the Temecula Municipal Code is hereby amended by adding Chapter 5.23, "Massage Practitioners," to the Temecula Municipal Code to read as follows: "CHAPTER 5.23 MASSAGE PRACTITIONERS 5.23.010 Definitions. For the purposes of this Chapter, only the words, terms, and phrases set forth in this Section shall have the meanings herein set forth unless the context deady requires a different meaning. A. 'Accredited School of MassaQe' means a permitted educational enterprise accredited to provide bona fide education in the field of massage. Such accreditation must be awarded by the governmental agency having jurisdiction upon these schools. B. 'Director means the Director of Community Development or his or her designee. C. 'Employee' means and includes every owner, partner, manager, supervisor, and worker, whether paid or not, who renders massage services or activities that further massage services of any nature in the operation of a Massage Establishment; D. 'Permit' as used in this Chapter shall mean the Permit to operate an Independent Practitioner's Massage Establishment. E. 'Massage' means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the internal or external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, \\TEMEC_FS201\DATA\DEFrS\PLANNING\Final Draft Massage Ordinanc¢.doc 11 ointment or other similar preparations, including, without limitation, shiatsu, acupressure, or similar activities. F. 'Massa¢ie Establishment' means any business organization having a fLxed place of business where any individuals, either as employees or as participants in a business organization, including but not limited to a firm, assodation, partnership, corporation, joint venture, limited liability company, or other combination of individuals, engages in, conducts, cardes on, permits or suffers to be engaged in, conducted, or carded on for consideration, massages or health treatments involving massage. Massage Establishments may be in located in (i) space entirely devoted to a Massage Establishment, (ii) within other types of businesses subject to the provisions of this Chapter, or (iii) conducted upon the premises of a client. G. 'Independent Practitioner' means a massage practitioner, licensed subject to the applicable regulations, who is the sole operator and massage practitioner at a massage establishment that meets all the following requirements: 1. All massage services are provided only by the licensed independent massage practitioner who either owns or directly leases the facility; and, 2. The massage services are not provide in conjunction with, or share any space or support staff with any other independent massage practitioner or massage establishment; and, 3. The business space owned or leased by the independent practitioner may not be shared or jointly utilized by any other massage practitioner or massage establishment; and, 4. The total floor space for the independent practitioner should generally not exceed one thousand (1,000) square feet. H. 'Massa.cle Practitioner' means any person who administers massages to another person for any consideration whatsoever, has completed at least 100 hours of education through an accredited school of massage. I. 'License' means the approval to engage in the activities of a Massage Practitioner as required by this Chapter. J. 'Person' means any individual, firm, association, partnership, corporation, joint venture, limited liability company or partnership, or combination of individuals. K. 'Person Who has En.qa.~ed in Disclualifyin.~ Conduct' means a person who: 1. Within twenty (20) years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within twenty (20) years of the date of notice of headng pursuant to Section 5.22.120, has been convicted in a court of competent jurisdiction of: a. Any misdemeanor or felony offense which relates directly to the operation of a Massage Establishment, or effected public safety, whether as a Massage Establishment owner or operator, or Massage Practitioner; or, b. Any felony, the commission of which occurred on the premises of a Massage Establishment; or, 2. Within twenty (20) years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within twenty (20) years \\TEMEC_FS20I\DATA\DEPTS~PLANNING\Final Draft Massage Ordinancc.doc 12 of the date of notice of revocation or suspension headng, whichever is applicable, has had any Massage Establishment, operator, Massage Practitioner, or other massage related license or permit issued by the State of California, or any county or city revoked; or, 3. Within twenty (20) years immediately preceding the date of the filing of the application, or in the case of revocation or suspension proceedings, within twenty (20) years of the date of notice of revocation or suspension hearing, whichever is applicable, has been convicted in a court of competent jurisdiction of: a. Any violation of Califomia Penal Code Sections 266(h), 266(I), 315, 316, 318, or Section 674(b), as amended, which are hereby incorporated by reference; or, above; or, b. Conspiracy or attempt to commit any such offense defined in subsection a. c. Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or, d. Any felony offense involving the sale of a controlled substance specified in Califomia Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11056; as amended, which are hereby incorporated by reference; or, e. Has been found guilty of or pleaded guilty or nolo contendere to any lesser- included offense of the violations identified in Subsections a. and/or d. above; or, 4. Is required to register under the provisions of California Penal Code Section 290; or, 5. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California. L. 'Spedfled Anatomical Areas' shall include the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top or side of the areolae. 5.23.020 Massage Practitioner License Required. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section 1.20.010 et seq. of this Code, for any person to act as a Massage Practitioner unless such person holds a valid license issued by the Director, unless such person, owner or operator is exempted from the provisions of this Chapter by Section 5.23.025. A License for a Massage Practitioner, or a Permit to operate an Independent Practitioners Establishment shall be valid for a period of one (1) year commencing at the date of issuance. 5.23.025 Exemptions. The requirements of this Chapter shall not apply to the following classes of individuals, while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, or osteopaths who are duly licensed to practice their respective professions in the State of California under the provisions of the Business and Professions Code, while performing activities encompassed by such professional license; or, \\TEMEC_FS201\DATA~DEPTS\PLANNING\Final DraR Massage Ordinance.doe 13 B. Nurses or physical therapists who are duly licensed to practice their professions in the State of California under the provisions of Business and Professions Code, while performing activities encompassed by such professional license; or, C. Other health care personnel engaged in the healing arts as regulated and licensed by Division 2 of the Business and Professions Code; or D. Athletic trainers certified by the State of California performing training services at bona fide professional, amateur or school athletic events or practices. 5.23.030 Requirements for Massage Practitioner License Applications. A. Any application for a Massage Practitioner license shall be made on forms approved by the Director. The applicant shall furnish the following information: 1. Applicant's height, weight, eye color, and hair color; 2. Two (2) prints of a recent passport-sized type of color photograph of the applicant; 3. A complete set of fingerprints; 4. Social security number; 5. Driver's License number, if any, 6. All criminal convictions or offenses described in Paragraph K of Section 5.23.010; whether the applicant is required to register under the provisions of California Penal Code Section 290, or any similar provisions of law in a jurisdiction outside the State of California; 7. Reasonable proof that the applicant is at least eighteen (18) years of age; 8. The previous residence addresses of applicant, if any, for a pedod of eight (8) years immediately prior to the date of the application and the dates of residence at each; 9. Business, occupation, or employment history of the applicant for the five (5) years immediately preceding the date of the application; 10. The name and address of the establishment where the applicant is to be employed or will engage in the practice of massage if self-employed; and the name of the owner operator of the same; 11. Reasonable proof of graduation from a school approved by the Council for Private Post Secondary Vocational Education (CPPVE) or an equivalent governmental body in other States according to the standards set forth in Paragraph H of Section 5,23.010; 12. Certificate from a medical doctor stating that the applicant has, within thirty (30) days immediately prior to the filing of the application, been examined and found to be free from tuberculosis; 13. Authorization for the City, its employees and agents to seek information and conduct an investigation, including, but not limited to, a records check of prior convictions, into the truth of the statements set forth in the application and the qualifications of the application for the License and/or Permit; \\TEMEC_FS20I\DATA\DEPTS\PLANNING\Final Draft Massage Ordinance.doc 14 and; 14. Such other information as may reasonably be deemed necessary by the Director; 15. Statement dated wdtten by the applicant made under penalty of perjury under the laws of the State of California that the information furnished is true and correct.; B. Notwithstanding the fact that an application filed hereunder may be a 'public record' under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the permitting scheme established herein which is personal, pdvate, confidential, or the disclosure of which could expose the applicant to a risk of harm. Those portions of the application which are not subject to disclosure are: the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's ddver's license and/or Social Security Number, and/or personal financial data. The City Council in adopting the application and permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this Chapter by ensudng that the applicant's pdvacy, confidentially, or security interests are protected. The City Clerk shall cause to be redacted from any copy of a completed license application made available to any member of the public, the information set forth above. C. In addition to the applicable requirements described above, all applications for the renewal of a Massage Practitioner License shall be accompanied by evidence that the continuing education requirement has been satisfied. 5.23.040 Massage Practitioner License and Independent Practitioner's Permit Application Fees. Any application for a License to be a Massage Practitioner or a Permit for an Independent Practitioner shall be accompanied by a non-refundable fee in an amount established by resolution of the City Council. The application fee shall be used to pay the costs of the investigation, any reports, and related application processing issues. 5.23.050 Approval or Denial of a Massage Practitioner License. A. Within forty-five (45) calendar days following receipt of a completed application and verification of the information contained in application, the Director shall either issue the license for one of the three types of massage practitioners identified in Paragraph H of Section 5.23.010, depending upon their qualifications, or mail a written statement of the reasons for denial thereof. For the purposes of the timeline identified in this section, the forty-five (45) calendar day period does not begin until the City has received the required law enforcement reports. A Massage Practitioner License shall be issued to any person who has fulfilled the requirements of Paragraph H of Section 5.23.010 and all other applicable provisions of this Chapter unless grounds for denial of such license are found to exist. B. The Director shall deny a License to any applicant where any of the following conditions exist: 1. The applicant has made one (1) or more material misstatements in the application for a license; or, 2. The applicant is a person who has engaged in disqualifying conduct in the past twenty (20) years, as described in Paragraph K of Section 5.23.010, or has violated any provision of this Chapter, or of any similar ordinance, law, rule, or regulation of another public agency which regulates the operation of massage practitioners; or, \\TEMEC FS201\DATA\DEFrS\PLANNING\Final Draft Massage Ordinance.doc 15 3. The applicant has failed to meet the training requirements described in Section 5.23.030; or, 4. The applicant has failed to furnish an appropriate medical doctor's certificate as required by Section 5.23.030; or, 5. The applicant has failed to provide reasonable proof that they are at least 18 year of age. C. Any appeal of the decision by the Director to deny a Massage Practitioner License or an Independent Practitioners Permit shall be made in accordance with the provisions of Section 5.22.120 of the Temecula Munidpal Code. 5.23.070 Change of Business Location. Changes in the employment location for any licensed Massage Practitioner must be reported to the City within five (5) days of said change. 5.23.080 Independent Practitioner Permits. The purpose of this Section is to enable an independently operating massage practitioner to reasonably operate their own solely operated massage business without having to go through all of the provisions of Chapter 5.22 of the Temecula Municipal Code. A. The Director may approve a Permit for an Independent Practitioner if the following requirements are met: 1. The applicant holds a valid Massage Practitioner License; and, 2. The applicant holds a valid City Business License; and, 3. The applicant has not engaged in disqualifying conduct in the past twenty (20) years, as described in Paragraph K of Section 5.23.010, or has violated any provision of this Chapter, or of any similar ordinance, law, rule, or regulation of another public agency which regulates the operation of massage practitioners; and, 4. The applicant has signed a statement acknowledging, and agreeing to comply with, the requirements of Sections 5.22.070 through 5.22.090 governing the operation of Massage Establishments. B. The provisions to deny an application for an Independent Practitioners Permit shall be the same as those described in Paragraph B of Section 5.23.050. 5.23.090 Notice of Violation For Independent Practitioners Permits, violations of Sections 5.22.070 through 5.22.090, may be cited pursuant to the provisions of Chapter 1.21 of the Temecula Municipal Code. Every day that these provisions are violated shall be a separate violation of this Chapter. Every violation of this Chapter shall be punishable as a misdemeanor. Notwithstanding the foregoing, any violation of the provisions of Sections 5.22.070 through 5.22.090 may be prosecuted under the provisions of Section 5.22.110. \WEMEC_YS201\DATA\DEPTS\PLANNING\Final Draft Massage Ordirmnce.doc 16 5.23.100 Revocation or Suspension of a Massage Practitioner License or Independent Practitioner Permit. After an investigation, notice, and hearing, any Massage Practitioner License and/or Independent Practitioner's Permit may be revoked or suspended by the Director where it is found that at least one of the following has occurred: A. The licensee/permittee has violated any provision of this Chapter; or, B. The licensee/permittee is a person who has engaged in disqualifying conduct as described in Paragraph K of Section 5.23.010; or, C. The licensee/permittee has continued to function as a massage practitioner or independent practitioner after the License or Permit has been suspended; or, D. The licensee/permittee has made a material misstatement in the application for a permit. 5.23.110 Hearing on Revocation or Suspension of Massage Practitioner License and/or Independent Practitioner Permit. The hearing concerning the revocation or suspension of any Massage Practitioner License and/or Independent Practitioner Permit shall comply with the provisions of Section 5.22.120 of the Temecula Municipal Code. 5.23.120 Reapplication After Denial or Revocation. A. An applicant for a License or Permit under this Chapter whose application has been denied may not reapply for a pedod of five (5) years from the date such notice of denial was deposited in the mail or received by the applicant, whichever occurred first. However, a reapplication pdor to the end of five (5) year period may be made if accompanied by evidence that the ground or grounds for denial of the application or revocation no longer exist. B. A Licensee/Permittee under this Chapter whose license or permit has been revoked or terminated may not reapply for a period of five (5) years from the date such revocation or termination. However, a reapplication pdcr to the termination of five (5) years may be made if accompanied by dear and convincing evidence that the ground or grounds for denial of the application no longer exist. 5.23.130 Return of License and/or Permit. In the event that a License and/or Permit is suspended, revoked or invalidated, the Licensee/Permittee shall forward the original copy of the License and/or Permit to the officer who issued it not later than the end of the third (3rd) business day after notification of the suspension, revocation or invalidation. 5.23.140 No Refund of Application Fees No refund or rebate of any License or Permit related fees shall be allowed by the reason of the fact that the licensee/permittee discontinues an activity for which a License or Permit is required pursuant to this Chapter, or that the License or Permit is suspended or revoked." \\TEMEC_FS201\DATA~DEPTS\PLANNING\Final Draft Massage Ordinance.doe 17 Section 4. Upon the effective date of this Ordinance, Riverside County Ordinance No. 596 as adopted by the City is hereby repealed. As a result, Section 1.08.010, "County Ordinances Adopted by Reference," of the Temecula Munidpal Code is hereby amended by the deletion of Riverside County Ordinance No. 596. References in Section 1.08.010 to County Ordinances in the 590 to 600 sedes shall read as follows: "... 591 through 593, 595, 597 through 598, ..." Section 5. ENVIRONMENTAL REVIEW. The adoption of this ordinance consists of regulations to oversee a medical/business practice. These activities will take place at previously developed fadlities. Because the regulation of massage businesses and professionals is not a project under CEQA and could not have an impact on the environment, the adoption of this ordinance is exempt from environmental review pursuant to Subsections 15061(b)(1) and (3) of the CEQA Guidelines. Section 6. SEVERABILITY. 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 7. EFFECTIVE DATE AND CERTIFICATION. This Ordinance shall be in full force and effect thirty (30) days after its passage. 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 ,1999. ATTEST: Steven J. Ford, 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 Coundl on the __ day of ,1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Coundl of the City of Temecula on the __ day of ,1999 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: \\TEMEC_FS201\DATA\DEPTS\PLANNING\Final Draft Massage Ordiaanc¢.doc 18 ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attomey \\TEMEC_FS201\DATA\DEPTS\PLANNING\Final Draft Massage Ordinancc.doc 19 ITEM 28 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thomhill, Deputy City Manager;'''7~/%''' July 27, 1999 Adoption of an Urgency Ordinance Prohibiting the Permitting, Approval, Development, and Placement of Additional Wireless Communications Facilities RECOMMENDATION: Adopt an Urgency Ordinance entitled: ORDINANCE NO. 99- AN URGENCY AND REGULAR INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ADOPTING AN EXTENSION OF ORDINANCE 99-17 WHICH ESTABLISHED A PROHIBITION ON THE PERMITTING, APPROVAL, DEVELOPMENT AND PLACEMENT OF ALL FORMS OF WIRELESS COMMUNICATIONS FACILITIES AND MAKING CERTAIN FINDINGS IN SUPPORT THEREOF BACKGROUND: At their June 22, 1999 meeting the City Council adopted Ordinance 99- 17, an interim and urgency ordinance prohibiting additional wireless telecommunications facilities until after the City has had an opportunity to prepare additional locally appropriate standards and requirements. The City Council received the report from the City Attorney on the City's progress and proposed course of action at the July 13, 1999 City Council meeting. The ordinance attached with this Agenda Report will continue the prohibition until June of 2000. Staff expects to have a permanent ordinance finalized and presented to the City Council for consideration prior to this date. A copy of the extension ordinance is contained in Attachment No. 1. ATTACHMENT: 1. Draft ordinance - Page 2 R:~STAFFRP'I'~Urgency Antenna Moratorium Extension CC.doc 1 ATTACHMENT NO. 1 DRAFT ORDINANCE \\TEMEC_FS201~DATA~DEPTS~LANNING\STAFFRPT\Urgency Antenna Moratorium Extension CC.doc 2 ORDINANCE NO. 99 AN URGENCY AND REGULAR INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ADOPTING AN EXTENSION OF ORDINANCE 99-17 A PROHIBITION ON THE PERMITTING, APPROVAL, DEVELOPMENT AND PLACEMENT OF ALL FORMS OF WIRELESS COMMUNICATION FACILITIES AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) In response to its specific findings that determined that the City of Temecula was subject to a current and immediate threat to the public health, safety and welfare, the City Council of the City of Temecula adopted its Ordinance No. 99-17 on June 22,1999. The specific findings made by the City Council are: (a) The City of Temecula has experienced an increase in the development of, and requests to develop, wireless telecommunication facilities. The City has experienced development of a wide vadety of facility type and design, including, but not limited to, building mounted antenna arrays, monopole mounted antenna arrays, stealth/disguise types of monopoles and roof top mountained antenna arrays. The City currently has no zoning and design standards that are reasonably appropriate and applicable to the review and analysis of the vadous types of wireless communication facilities and the siting issues related to the structures. (b) The City of Temecula's General Plan, when adopted, did not anticipate the scope of wireless telecommunications present in today's marketplace. Accordingly, the General Plan's provisions regarding public utilities and institutional uses does not adequately address the circumstances presented by current telecommunication development issues, including, but not limited to siting and design factors. (c) The City Council of the City of Temecula has determined that the lack of the adequate general plan, zoning and design standards referenced above has, and will continue to, negatively impact the health, safety and welfare of the City. This lack of adequate land use regulations, including the lack of adequate standards related to the design, location, size and placement of such facilities, has and will result in: the wasting of resources by involved parties; confusion and uncertainty among applicants, the public and the City as to the review criteda applicable to the siting design and regulation of such facilities; the jeopardizing of property values and further causes a negative impact on community attractiveness and aesthetics, including, but not limited to surrounding property view impairment, the over- development of parcels, the over-concentration of wireless telecommunication facilities and inappropriate or undesirable "disguising" method.ologies. Individually, and in their totality, these facts and circumstances support this City Council imposing an intedm ordinance prohibiting the further issuance of permits, approvals, and the development and placement of wireless telecommunication facilities until such time as the City has reviewed and revised the City's general plan and zoning ordinance to appropriately regulate these facilities. R:ords/ord7/27/99 I (d) This City Council further finds that the City continues to receive inquiries and interest in the further development and placement of additional wireless telecommunications facilities. This demand for development, in light of the lack of appropriate general plan and zoning standards presents a circumstance that is a public urgency and which requires the immediate protection of the City's health, safety and welfare. The City council, after review and consideration of all the facts and issues discussed herein, finds and determines that the permitting, approval, development and placement of wireless telecommunication facilities shall be immediately prohibited in the City until the City has taken adequate time to develop standards and regulations for such facilities. The standards and regulation shall regulate the design, configuration, location and co-location, size, placement aesthetic characteristics and all other land-use factors relating to such facilities. This immediate prohibition is necessary to prevent the negative impacts discussed in the foregoing sections from further proliferating negatively impacting the City's health, safety and welfare. (e) All preconditions to the adoption of this intedm ordinance as an urgency measure under Califomia Govemment Code Section 36937(b) and as an extension of an intedm zoning ordinance under California Government Code Section 65858 have occurred as required by law. (ii) Pursuant to the requirements of Califomia Govemment Code Sec. 65858(d) on July 13, 1999 this City Council issued a wdtten report describing the measures taken to respond to the conditions that led to the adoption of Ordinance No. 99-17. (iii) Pursuant to the authority set forth in Califomia Govemment Code Sec. 65858(a) this City Council intends to extend the intedm ordinance established in Ordinance 99-17 for 10 months and fifteen days because the circumstances supporting Ordinance No. 99-17 continue unabated and require further effort to resolve. (iv) All preconditions to the extension of the intedm ordinance set forth in Ordinance No. 99-17 by ordinance as an urgency measure under Califomia Govemment Code Sec. 36937(b) and as an intedm ordinance under Califomia Govemment Code Sec. 65858 have occurred as required by law. B. Ordinance. The city council of the City of Temecula does ordain as follows: Section 1. In all respects as set forth in the Recitals, Part A of this Ordinance, which recitals are hereby wholly incorporated by reference herein. Section 2. This City Council intends this Intedm Ordinance to be immediately effective under Califomia Govemment Code Section 36937(b) and declares that the facts set forth hereinabove constitute the declaration of urgency required as a precondition to the adoption of an urgency ordinance by said Section 36937(b). Further, this City Council intends this enactment to be an extension, for 10 months and 15 days, of Intedm Ordinance No. 99-17, effective immediately, under the authority of California Govemment Code Section 65858 serving to prohibit the permitting, approval development and placement of wireless telecommunication facilities. This intedm ordinance shall be of no further force and effect 10 months and 15 days after its adoption. The Planning Department and City Clerk shall cause R:ords/ord7/27/99 2 notice, pursuant to the requires of California Govemment Code Section 65090 to be given and a public headng to be held pdor to the lapse of said pedod to consider the extension of the intedm ordinance for an additional year, if necessary. Further, the Planning Department shall preepare and submit the report required by California Government Code Section 65858(d) to the City Council in a time frame sufficient to allow the City Council to review and issue the same as required by law. Section 3. All wireless telecommunication facilities that have been granted approvals and entitlements for the development and placement of such facilities pdor to the date this intedm ordinance is adopted shall be allowed to proceed with development and operation notwithstanding this enactment. Section4. The Planning Department is directed to continue and/or commence the preparation of general plan and zoning ordinance amendments that establish standards, beneficial to the needs of this City, for the regulation of all aspects of wireless telecommunication facilities. This City Council declares it is its goal to accomplish the preparation and adoption of the general plan and zoning regulations in an expedited manner that will result in the least delay upon the further .development of wireless telecommunicetion systems. Further, to the extend feasible, the policies set forth in the guidelines for moratoda, as promulgated by the Federal Communication Commission's Local and State Government Advisory Committee shall be implemented by City staff as regards involving wireless service providers in the process of developing revisions to the general plan and zoning ordinance. Section 5. This City Council has determined that the adoption of this urgency and intedm ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant impact on the environment (Title 14 California Code of Regulations 15061(b)(3).) This City Council hereby determines that the prohibition set forth in this intedm ordinance has no possibility of having or causing a significant effect on the environment, thus removing this action from the application of CEQA. Section 6. Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation-shall be deemed guilty of a separate offense for each and every day or any portion thereof dudng which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. Section 7. Civil Remedies Available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. R:ords/ord7/27/99 3 Section 8. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this 27t" day of July, 1999. Steven J. Ford Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:ordstord7/27/99 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on July 27, 1999 by the following vote, to wit: AYES: 0 COUNCILMEMBERS: -None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk R :ords/ord7/27/99 5 ITEM 29 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINA E CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council James B. O'Grady, Assistant City Manager July 27, 1999 Infestation of the insect-Glassy-Winged Sharpshooter PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council consider funding in an amount not to exceed $25,000 to the University of California Riverside (UCR) for immediate research towards the recent infestation of this insect in our local wineries BACKGROUND: The Glassy-Winged Sharpshooter is an insect that has recently invaded California and locally throughout our local wineries. On Tuesday, July 20,1999, Councilman Stone and City Staff met with members of the Vintner's community to discuss this very real threat to our economy. In this meeting, staff learned this insect has and continues to create serious problems in both agricultural and ornamental plantings. The greatest threats surround their ability to spread the plant pathogenic bacterium Xylella fastidosa, which induces Pierce's disease in grapevines, almond leaf scorch disease, and a new disease known as oleander leaf scorch. Over a century ago, before the urbanization of Orange County, Pierce's disease decimated an extensive grape industry destroying 40,000 acres of grapevines and closing 50 wineries. Currently the Glassy-Winged Sharpshooter is responsible for outbreaks of Pieroe's disease within many of our 14 winedes here in Temecula, where major outbreaks were previously unknown. If this disease continues to spread, local Vintners predict this will destroy all vineyards within a 3-year period. However, this problem is not restricted to Riverside County vineyards but has affected citrus and vineyards as well in the counties of Orange, San Diego, Santa Barbara, Los Angeles, and Kern. The importance of agriculture and especially the wine industry to California is critical to economies at all levels of government. In addition to agricultural crops, an important part of the landscape in the southwest will be lost if oleander leaf scorch continues to spread, and resistant oleander varieties are not found. Oleander is found in 20% of all home gardens in California, and is a mainstay of landscapes in shopping centers, parks, and golf courses. The California Department of Transportation (CALTRANS) maintains oleander in over 2,100 miles of freeway median. It is estimated that CALTRANS alone stands to suffer at least a $52 million loss if oleander on highway plantings is lost. Currently research is underway at the University of California at both Riverside and Berkeley in an effort to identify methods of managing the insect populations and reducing the spread of this disease. Funding to support such research and short-term Pest Management Programs is currently being discussed at the County Board of Supervisors, however, a great deal of assistance is now needed to continue this effort. FISCAL IMPACT: Pending City Council action, an appropriation in an amount not to exceed $25,000 would be required from the General Fund Unreserved Fund Balance to the City Council departmental budget. ITEM 3O APPROVAL CITY ATTORNEY c//_~)/~ DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council N.,)2/1William G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 Award of Construction Contract for Rancho California Road at 1-15 Ramp Improvements, Project No. PW95-12 (PW98-08) PREPARED BY: Scott Harvey, Associate Engineer- Capital Projects RECOMMENDATION: That the City Council: 1. Receive an oral report on the bids received July 27, 1999. , Award a construction contract for the Rancho California Road at 1-15 Ramp Improvements, Project No. PW95-12 (PW98-08) and authorize the Mayor to execute the contract. Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of 10% of the contract amount. BACKGROUND: On May 11, 1999, the City Council authorize the Public Works Department to solicit construction bids. In order to allow sufficient time for contractors to prepare their bid without impacting our schedule, the City Council is being asked to award this project immediately after receiving the bids this date. This project will be constructing the following items: 1. Widen the southbound on-ramp to two lanes at Rancho California Road. Modify the median island on Rancho California Road between Front Street and the southbound ramps. This modification will extend and double storage for the westbound left turn pocket at Front Street. The south side of the median island will be widened and all distributed landscaping will be replaced. The striping between the north and south bound ramps will be re-striped to provide two westbound left turn lanes for the southbound ramp and an additional eastbound through lane west of the northbound ramps. 4. Widen the northbound on-ramp to two lanes at Rancho California Road. Widen the north side of Rancho California Road between the northbound on-ramp and Ynez Road. This widening will provide three through lanes, one optional through and right turn lane, and an exclusive right turn lane east of the northbound ramp. The additional on-ramp improvements will provide more capacity to the on-ramps, which will in turn allow more signal time for east/west traffic movements and for off-ramp unloading. l R:\AGDRPT\99\O727\PW95-12{98-OS),AWD .DOC The engineer's estimate for the above improvement is $575,000. FISCAL IMPACT: This project is funded primarily by Measure "A" loan from RCTC. Additional funds will be appropriated from Capital Project Reserves, Development Impact Fees, and RDA. ATTACHMENTS: Proposed Contract Form R:\AGDRPT\99\0727\PW95-12(98-08).AWD.DOC CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT PW95-12 RANCHO CALIFORNIA RD A T I- f 5 RAMP IMPROVEMENTS THIS CONTRACT, made and entered into the 27th day of JULY, 1999, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and , hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW00-00, RANCHO CALIFORNIA RD AT 1-15 RAMP IMPROVEMENTS, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as wdtten and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT PW95-12, RANCHO CALIFORNIA RD AT 1- 15 RAMP IMPROVEMENTS. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Ovedand Avenue Los Angeles, Califomia 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT PW95-12, RANCHO CALIFORNIA RD AT 1-15 RAMP IMPROVEMENTS. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents descdbe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:~:ip%proiects~pw98\pw98-08\CONTRACTRAMPS.doc , , The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT PW95-12, RANCHO CALIFORNIA RD AT 1-15 RAMP IMPROVEMENTS All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: DOLLARS and CENTS ($ ), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY, with an additional 120-day maintenance period. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS UNIT PRICE BID SCHEDULE: A, Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of CONTRACT CA-2 R:\cip~rolects~w98~w98-08\CONTRACTRAMPSdoc 10. the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00-$500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 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 CONTRACT CA-3 R:\cip~projects\ow98\pw98-08\CONTRACTRAMPS .dec 11. 12. 13. 14. 15. 16. 17. shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 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. 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 CONTRACT CA-4 R:\cip~proiects~pw98~ow98-08\CONTRACTRAMPS.doc 18, 19. 20. 21. 22. times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 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. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attomey fees and litigation costs incurred in the litigation. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: William G. Hughes, Acting Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 R:%cip%proiects%pw98\ow98-08\CONTRACTRAMPS.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above wdtten. DATED: CONTRACTOR Name Address City Phone By: Print or type NAME DATED: APPROVED AS TO FORM: Print or type TITLE CITY OF TEMECULA By: Steven J. Ford, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-6 R:\cip~projects\pw98~pw98-08\CONTRACTRAMPS .doc ITEM 31 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 Nicholas Road Sidewalk Project RECOMMENDATION: That the City Council receive and file a status report regarding the Nicolas Road Sidewalk Project. BACKGROUND: The owner of the property at the northeast corner of Nicholas Road and Winchester Road has agreed to construct the sidewalk fronting their property in advance of their development activity to accommodate the request of the City Council. Mr. Mike Perry of D.M.W.R., Ltd. has indicated that he is working with Lucardi Construction to get bids and a schedule by Friday, July 23, 1999. They will be obtaining the necessary Encroachment Permits by the end of the month and should be under construction the first part of August. They have agreed to construct the sidewalk to connect to the existing sidewalk on Nicholas Road with the understanding that the City of Temecula would reimburse them for work that is not a part of their frontage. That would include the portion in front of the Chaparral Self-Storage facility. FISCAL IMPACT: None r:\agdrpt\99/O727/nicolassidewalk/ajp DEPARTMENTAL REPORTS DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Gary Thornhill, Deputy City M n a ager July 27, 1999 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of June 1999. CURRENT PLANNING ACTIVITIES New Cases The Division received 39 new applications for administrative and other minor cases and home occupations and 8 new applications for public hearings during the month of June. The new public hearing cases are as follows: Change of Zone 3 General Plan Amendment with Specific Plan 1 Minor Conditional Use Permit 1 Development Plan with CEQA 1 Revised Tentative Subdivision (After 2 years) 1 Tentative Tract - Residential Not R2/R4 1 Pre-applications Saturn Auto Sales and Service (12,000 sq. ft.) -Ynez Road and Solana Way was submitted on May 19, 1999. The pre-application meeting was held on June 10, 1999. Home Depot and Shopping Center (276,000 sq. ft) - northwest corner of Meadows Parkway and Highway 79 South was submitted on June 10, 1999 for pre-application review. Status of Fast Track Proiects The City's award-winning Fast Track process provides a way for major busines'ses relocating to or expanding in Temecula to get their facilities constructed and occupied in the shortest possible time. The current Fast Track projects are as follows: R:\MONTHLY.RPT~1999\June 99.doc 1 Burkey Machine & Tool - Development Plan for new 16,000 square feet machine and tool facility with 27 employees at the northeast corner of Winchester Road and Colt Court. The Planning Commission approved the project unanimously at the June 16, 1999 hearing. Status of Maior 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: Rebel Rent's new facility on Winchester Road in the Westside Business Center. Staff is awaiting second resubmittal from the applicant. Several of staffs original comments need to be addressed from the original DRC comments. Rancho Community Church expansion on Vallejo Avenue. This project has been put on hold by the applicant. Tentative Parcel Map 28627, the Margarita Canyon Property. Staff is waiting for the applicant to rectify issues raised by Caltrans, and address issues raised in the project's traffic study. ,k Wolf Valley Specific Plan and Environmental Impact Report: Tentative Planning Commission Workshop July 21, 1999. A 28-1ot tract map on Via La Vida east of Calle Palmas, Tentative Tract Map 29036. Staff is still waiting for a re-submittal addressing the comments raised the DRC meeting. The applicant has been modifying the project from 29 to 24 lots. A Development Agreement may be submitted for the project. Roripaugh Ranch Specific Plan and Environmental Impact Report: The Draft EIR was being circulated for public review and comment. A Planning Commission Workshop was held on June 30, 1999. Tentative Planning Commission date is August, 1999. ,, Pacific Gulf Properties - A development of a 244 unit senior apartment complex with two and three story building on an 8.13 acre lot including a Planned Development Overlay (PDO). Located on the northeast corner of Winchester Road and Nicolas Road. Planning Commission had concerns with the proposed zoning. The Planning Commission approved the project on June 2, 1999. It was appealed to the City Council and will be scheduled for the Council in July, 1999. Winston Tires - Conditional Use Permit to design, construct and operate a 5,310 square foot tire sales and installation, automotive service and repair facility. Located at 40385 Winchester Road, within the Winchester Meadows Shopping Center at the northeast corner of Margarita Road and Winchester Road. The Planning Commission date to be set for July, 1999. Clayton Hill, DVM - Request for a Conditional Use Permit for the development of a veterinarian hospital on a .69 acre lot. Located on the south side of Winchester Road, west of Nicolas Road. Plans were resubmitted the week of June 7, 1999. R:\MONTHLY.RP'R1999\June 99.doc 2 GMC Building - Development Plan for new 19,000 square feet light industrial spec building on the north side of Rio Nedo, between Via Industria and Tierra Alta Way. Staff is awaiting re-submittal. The following Mall Out-Lot developments are being reviewed: - Burger King, 3,800 square feet. - Souplantation restaurant, 7, 100 square feet. - On the Border restaurant, 7,000 square feet. Don Mosco - A 22,200 square foot speculative office and warehouse building located on Colt Court and Winchester Road (Tract Map No. 28471-1 ). Tentative Planning Commission date in August, 1999. Don Mosco - A 13,800 square foot speculative office and warehouse b~jilding located on the west side of Colt Court adjacent to Bostik (Tract Map No. 28471-1 Lot 5). Awaiting resubmittal. Edwards Theater - Specific Plan Amendment, allowing the theater to erect a freestanding marquee sign (26 feet in height). The sign is proposed at the easternmost entrance from Winchester Road to the Temecula Promenade Mall. Scheduled for City Council on July 13, 1999. Mequita and Associates design and construction of a concrete tilt-up speculative building to develop as condos. Located on Madison Avenue (Parcel Map 23561-1 ). Approved by Planning Commission on June 16, 1999. Temecula Quick Lube - Redesign, construct and operate a 3,491 square foot lube and oil shop within the existing Moraga Plaza shopping center. Staff approval pending. Tim Shook Company Commercial Buildings - Design and construction of two 6,000 square feet commercial speculative buildings located at 27525 Enterprise Circle South. Tentative Planning Commission date in August, 1999. Tentative Parcel Map 29162 - Subdivide 48 acres into eight industrial parcels and one open space lot located at Winchester Road and Dendy Parkway. Development Review Committee meeting was held June 10, 1999. Awaiting revised traffic study and resubmittal. Small Business Assistance ., Denny's Restaurant: Staff worked with architect and contractor to resolve problems with a proposed remodel and new signs for this business. Main Street Salon: Helped the owners of this new business select locations and obtain approvals for signs from the Old Town Local Review Board. Rhythm and Brews: Advised applicant for proposed brew pub in Old ToWn. Staff made site visits, expedited his pre application review and called ABC regarding the impact of adjacent uses on the ultimate approval of this project. R:\MONTHLY.RP'R1999\June 99.doc Destination Temecula: Evaluated proposal and made a site visit for a nE~w sign with the owner in preparation for review by the Old Town Local Review Board. Special Event Permits Open Wheel Racing Events - Stock Car Option (Northwest Sports Park) The Great Race - City of Temecula (Old Town) HOG Rally - Preliminary Information Package for October Event (Old Town) 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. Staff is currently reviewing the proposed housing unit (by income group) targets and will be evaluating SCAG's methodology and assumptions. Staff held the initial data sharing meeting with the consulting firm of Cotton/Beland/Associates on June 30, 1999. Housing and land use related materials were distributed and discussed with the consultant. The next task is for the consultant to quantify the data and report back to staff with preliminary results of where the City stands in relation to the programs contained within the existing Housing Element. Subsequent Environmental Impact Report for the City Redevelopment Plan: The consultant is currently gathering information to begin preparation of the Draft EIR. Staff is currently reviewing the consultant's initial submittals. Southside Specific Plan: Staff is reviewing the draft Specific Plan and land use standards provided by the consultant. Massage Business Ordinance: A revised draft of the ordinance was reviewed by the City Attorney and presented at the May 3, 1999 meeting of the local massage practitioners. Staff is currently revising the draft Ordinance based upon their input. General Plan Circulation Element Update: The consultant has submitted a draft of the Mall Opening Traffic Analysis that is being reviewed by City staff. The Circulation Element Analysis is expected soon. Staff plans to complete the Supplemental Environmental Impact Report internally to keep the project on schedule. The comment period for the Notice of Intent to prepare a Supplemental EIR closed on June 27, 1999. Comments were received from the Western Riverside Council of Governments and the South Coast Air Quality Management District. Subdivision Ordinance: The draft Ordinance was considered by the Planning Commission at their July 7, 1999 meeting. With some minor changes, the Commission recommended the City Council approve the Ordinance. R:\MONTHLY.RP'R1999\June 99.doc 4 Traditional Neighborhood Development Ordinance: Final changes are being made prior to scheduling this item for the Planning Commission's consideration. RedhawI,JVail Ranch Annexation Study: The preliminary efforts have all been completed. No additional work is expected on this project is expected until after the election. Surface Mining Ordinance: The staff and City Attorney are making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration Geographic Information System (GIS): Staff has completed a revised Quino Checkerspot Butterfly/California Gnatcatcher study and habitat map. The habitat map is being reviewed by the US Fish and Wildlife Service for final approval. Staff has also started developing an industrial land availability map to assist the City's Economic Development Program. A map of residential land availability was recently prepared in support of the Housing Element up date. The map will be instrumental in locating potential building sites for affordable housing. A GIS work program is being developed to guide the City in starting-up this new activity. Sign Ordinance Handbooks: City staff has recently completed the ~reparation of a handbook for Office and Industrial Signage. The Commercial Sign Handbook has been completed and is in use. Antenna Ordinance: Because of recent federal law changes, the City Attorney is recommending major changes to the draft Ordinance. As a result, the draft Ordinance is being re-written. Coordination with the Bureau of Census. Staff continues to work with the Bureau to ensure an accurate and complete count for the 2000 census. Final map and address changes have been submitted to the Bureau. Application Fee Study: Staff has submitted the necessary information to the City's consultant and is awaiting the preliminary results. Hillside Development Policy: Staff has prepared the policies for review by other City departments. Multi-species Habitat Conservation Planning Efforts for Western Riverside County: Staff is attending committee meetings and monitoring the process of determining conservation reserve needs and will report back to the Council when a draft plan is available. Development Code Amendment: Staff is preparing an amendment to the Code to address large family day care facilities and to further refine how the City reviews and approves Temporary Use Permits. 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LueJ6oJd lueLudoleAep O!LUOUOOe 6UOJlS e 6u!pl!nq u! dels Xe~ V sSu!lee~ luetudoleAea 3!LUOUO3~I '666 I, eunp Jo 41uow e41 Joj luewpedea luewdoleAea o!wouooq eql Joj s146!146!4 lueoeJ e41 eje 6u!MolloJ e4/ ~ode~ leluew~edea Xlqluo~ luewdoleAea O!LUOUO03 :~OgranS r_r'~euelAI 666 I, 'Z;~/qnr :9,LVa /~1!0 luels!ssV 'XPeJg,0 LU!p :lNO1d_-I IpunoO A1!O/Je6euelAJ Xl!O :0/ /~Odg~ VQN99V VqR33~9~ 40 A~I3 EI:!DVNVIAI ),119 8019381G 3:::)NVNIJ ~x2ZA:INEIOllV All3 ~ 'lVAOSddV Staff met with representatives of an automobile parts manufacturing firm on June 11th regarding a potential business relocation. A meeting with representatives of the San Diego Padres was held on June 21 to discuss marketing in Temecula and construction of a Little Padres sports field. On June 25th, staff attended a Temecula Connect meeting which featured the firm "Education to Go", a new Temecula company that provides college level extension courses via the internet. On June 28th, Jim O'Grady met with CoStar and representatives of the EDC as part of the EDC Business Visitation program. Staff attended the State of the Southwest Riverside County Address, which was held on June 4th at the Lake Elsinore Stadium. Allie Kuhns presented the "State of the City Address" to the Manufacturers' Council on June 9th during their regular meeting. This presentation was based on the Mayor's State of the City powerpoint address in March. The cities of Murrieta and Lake Elsinore also gave presentations. Jim O'Grady and Grant Yates attended the EDC Business Retention Committee Meeting on June 3rd. The City provided the committee with brochures produced by the Center for Business Excellence highlighting their business assistance programs. Jim O'Grady and Gloria Wolnick attended the IEEP Membership Luncheon at the Mission Inn on June 30th. The topics included an overall presentation of the Kosmont Study. In addition, Trade & Commerce made a presentation on their new marketing campaign called The California Experience. This campaign includes an IMAX film on California and a traveling California lifestyle exhibit. The 5,000 sq. ft. exhibit will feature the food, fashion, art, sports, music, sites and technological innovations of California and California companies. On June 10th, staff attended Four Slide Engineering's Groundbreaking Ceremony of its new facility located at 42585 Rio Nedo. The company specializes in the manufacture of metal stampings, wire forms, and coiled springs. In their program, Four Slide expressed their thanks to the City of Temecula and it's various departments for their professional assistance through the planning and development process in building their new facility. Outreach Materials Staff is developing a "User Guide for City Services", which acquaints residents and businesses -- particularly new ones -- with the services offered by Temecula city government. It also provides the most frequently used phone numbers for City services, utilities, schools, emergency services, and other government offices. A comprehensive listing and location map of Temecula parks and recreational facilities are located on the back cover. This listing is designed to inform residents of the wealth of recreational amenities available in the community. 2 Staff updated the City's "Fast Track" pamphlet, which is included in our business kits and also given out by the EDC and Chamber. The pamphlet is scheduled for printing in mid-July. Media As a member of IEEP, Temecula was included in the May 31, 1999 issue of Forbes Magazine which highlighted the Inland Empire. Temecula did not participate financially in the magazine but was still represented in the special advertising section titled: "The Inland Empire: Getting Down To Business". Temecula businesses Chemicon and Guidant were included. As of June 28th there were 2,076 inquiries. Of those inquiries, 705 came directly to IEEP. Inquiries will be forwarded to appropriate cities and IEEP will also follow up with customized packets. Staff wrote an article for the Chamber of Commerce Newsletter announcing the new "Temecula User Guide To City Services" pamphlet. Leads & Inquiries In the month of June, the City responded to 6 leads and 11 inquiries. Note: Information on Fast Track, Expansion, Relocation and Speculative Building can now be found in the Community Development Department report. Some of the leads include: Staff responded to a request for information on a biotech company represented by Mr. Paul Leibowitz of CB Richard Ellis. Staff sent information on demographics and tax information to Tim Chase. Mr. Chase represents a business that is looking to relocate. The business is looking to employ 250 - 400 employees. Staff provided information to Mohammad R. Kahn and directed him to Forest City's leasing agents, as he is interested in opening up a retail store in the Promenade Mall. He currently has a store in the Whittier Mall. On June 15, staff met with research analyst Eric Petrotte. Staff provided him with detailed demographic information of Temecula and neighboring communities as well as other information on businesses, housing developments, retail development, etc. as part of a market study for one of Mr. Petrotte's clients. Tourism Staff provided Sandy Cain, writer for Orange County Business Journal, with information on Temecula including hotel accommodations, meeting space and other general information to include in her article titled "Meetings in the West". Bob Carter, a freelance travel writer assigned to RV Journal publication, contacted the City for information on Temecula's holiday events. Staff is preparing information to send to him. RV Journal has a 125,000 circulation and is a quarterly publication. 3 The Economic Development Agency of Riverside County produced its first countywide golf brochure to promote the golf courses throughout Riverside County to visitors and residents. The EDA printed 75,000 brochures and distribution will include: Chambers of Commerce, City Halls, Trade Shows, etc. The EDA will also launch a radio advertising campaign in June featuring a golf course in our area. Temecula will include the golf brochure in our tourism press kits and business kits. Tanya Ellis of PRA Destination Management Company in Encinitas requested Temecula tourism rack brochures in bulk to market our area to their groups that they make arrangements for. Staff provided them with the brochures and put PRA in touch with Linda Kissam for Vintner brochures. Staff coordinated with the Chamber and TTA on The Great Race event, which was held on June 19, 1999. Staff attended meetings that were held on June 9th and 16th. Media Staff provided Ms. Bari Brenner, travel editor of ANG newspapers, with Temecula and Vintner press kits and slides. Staff put Ms. Brenner in contact with the wineries, Embassy Suites and Temecula Creek Inn. The article included the Temecula wineries, Old Town and lodging. The newspaper is distributed in the Bay area. (See attached). Great Race invitations, posters and meal tickets were sent out to all local media as well as selected out-of-area media. PSA announcements were sent to local radio stations and press releases were sent out to the media. Community As part of the People to People Student Ambassador Program, a national program started by President Dwight D. Eisenhower, two sixth-graders from Temecula will be traveling to Australia to learn about the culture, and to share our culture with others. The program was rounded as a way of promoting understanding of cultural differences throughout the world. Lindsey Svete and Tiffany Cota, both of Temecula, were chosen along with 11 other sixth-graders from throughout Riverside and San Bernardino Counties to travel with the program. The students will be meeting with Australian students their own ages and sharing information about their community. They will have the opportunity to talk about wine country, the Balloon & Wine Festival and all the other things that make Temecula a unique and great place to live. Staff provided the girls with literature and souvenirs to distribute as well as City of Temecula tee shirts. Attachments: EDC of Southwest Riverside County Activity Report Inland Empire Economic Partnership Activity Report Temecula Valley Chamber of Commerce Activity Report Temecula Valley Film Council Activity Report ANG Newspaper Article 4 July 16, 1999 Economic DeVelopment Corporation ,gouthu 'est Riverside Omnty Jim O'Grady Assistant City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 RE: Activity Summary The following highlights the activities of the EDC during the month of June: Business Development The EDC responded to three requests for information from IEEP. One request required an 80,000 sf facility for an Oklahoma City based manufacturer. Information was sent for a request for 50,000 sf for a fulfillment warehouse and a request for 150,000 sf for a company manufacturing specialty plastic bags for the food industry. Responses could not be sent for a food processor whose rail service was critical, for a concrete fabricator who needed quarry access and heavy industrial zoning and for a Midwestern wood products firm who also required rail access. A request for an 800,000 sf distribution facility looking in the states of Texas, New Mexico, Arizona and So. California was not responded to, as they required a location within a 50-mile radius of Los Angeles. Similarly, a request for a 250,000 to 300,000 existing building with a move - in date of January 2000 could not be responded to for lack of inventory in the region. Met with the Business Manager for an agricultural products sales organization looking to relocate from the Fresno area. Provided information for a local CPA to give to a client desirous of starting a manufacturing company in the region. Gave demographic, commuter study and State of California incentive guide to local area broker. Marketin.q Outreach Quarterly luncheon held at the Diamond Stadium in Lake Elsinore focused on the State of Southwestern Riverside County. First District Supervisor Bob Buster gave keynote address. Approximately 100 golfers attended the fund-raising golf tournament produced by EDC-SWRC on June 15, 1999. The tournament netted over ten thousand dollars for the organization. Chairman Gary Youmans of Fallbrook National Bank said that planning for an even bigger tournament next year has begun. EDC President Bonnie Hanna and Executive Director Judi Staats gave a presentation about the programs of the EDC to the attendees of the groundbreaking ceremony for Four Slide Engineering, a City of Riverside firm moving to Temecula. Post Office Box 1388 · Tcmccula, CA 92593-1388 · Oflicc 909/695-5130 · FAX 909/695-5126 Jim O'Grady July 16, 1999 Page Two Business Relations The Business Relations Committee reported on four visitations made to company's during the month. Plant tours were conducted with International Rectifier and Costar. Information was given to IR for educational linkages and emergency contacts. Costar was given a contact name for the Promenade Mall Judi Staats reported that the survey instrument for the Workforce Development Grant had been mailed to approximately 700 businesses in selected sic code designations during the month of June. The contract provider is receiving completed surveys and follow up telephone calls will begin in early July. The Southwest Riverside County Workforce Grant Committee will try to meet in July to begin the process of sending out RFP's to develop the Resource Guide, the second component to the grant obligation. Monthly updates will continue to be provided. Administration/Omanization Two Board of Director meetings were held in June to re-prioritize the Implementation Plan developed for Southwest Riverside County by Steve Harding. Due to a reduction in municipal funding for the organization, adoption of the plan as originally presented was not deemed to be feasible for the 1999-2000 fiscal year. A draft operational budget taking into account the reduction of funding was presented and approved by the Board of Directors at the June 30, 1999 Board of Directors meeting. Alternatives were discussed at the meeting to reduce the rental expenditure currently paid by the organization. A revised workplan for fiscal year 1999-2000 will be presented to the Board of Directors at the July meeting. This concludes the written summary of activity for the month of June. Please call if there are questions concerning this report. JMonday Jury 12, 1999 10:50am -- From '909 690 1088' JUL-12-g9 It0N 11:04 Rli iEEP -- Page FAX N0. 909 890 1088 I~ILAND EMPIRE ECONOMIC PARqFNERSHIP 02 For Period: J. anu.arv. 1999 to June, 1999 Item [ June INLAND EMPIRE ECONOMIC PAR~'NER~HIP ~. Public Speaking Engageme. nt~ · 2. Communi[y Outreach 3. Economic Development: · Direct Mail · Advertising · Local Retentio~ · TeamCA Ads · Magazines . Directories · Journals · 'Ou~f~r Ms · Radio · Articles o' 'TOTAL · Tradeshews · Press Releases · Media Relat/c~s · Prospect Missions · Site Selector Outreach · Leads · Source of'Leads · Inquiries · Attraddons · Jobs Created · Retent}on · Jobs Retained · Financial Investment** · Tours Corporate: · Member Visits/Calls · Meml:~rship Events · special Events · New Membe~ Prospecls/ Interest Letters ~ Cumulative I 22 26 76 I Comments I 3 1 2 4 211 1 150 $9.000,000 9 9 8 15 4 '6 1 2 3 40 4 15 15 2 12 38 382 837 2:i5 $57,738,256 Billboards on 5/605 freeway KABC, I<FWB (4) BrOker, ('15) eovL; (10) Sit~ Selector;, (1) Client Referral; (3) IEEP; (4) Ad Response; (1) Website Sears, D~sney, American Tire Disposal, Hillon, Quality Cabinets, Poly Pacific, Toybox Creations, ConAgra, InterMetro, Old Dominion Freight Line Lynam Industries, InterMetro 3 ~ Kickstart Film School, Wadley Donovan 74 2 1 25 78 · New Members · . Corp.or. ate AdvertRing Corp;_Mktg:lPress Release · Other Projects 3 ' 6 CATCA, GE Capital, Univ. of Phoenix, Yucca Valley. ESRI, Raincross Med. 2 ' Business Press 3 Annual Report Distributed 6 Marketing award entry - CALED, March contract solidified, SoCal Reg. Planning Cntr., Legislative Mission IMonday July 12, 1999 lO:50am -- From '909 890 1088' -- Page :~ JUL-12-99 IION 11:05 Rli EEP FAX N0. 909 890 ]088 P. 03 WORKFORCE COLLABOi~ATIVE ' 1. i3areer Club Clienls 2. School Enrichment Standard $32,800 '"iNLAND EMPIREFILM COMMISSlO~I 1....!.ndustry Outreach 4 2. Filming, broken down as follows (these numbers reflect known I-E filming activity): · Features 2 · TV 2 . Commercials 20 o Stills 37 . M~sic Viaeos 3 · Student F~ims 1 * DocumenL/Indus. Videos 4 TOTAL* 69 3. Request for Locarjons 168 4. Filming Credits 5. Permits 14 6. Econ_omic Impact $654.250 FOUNDATION · Activities SBDC :Jobs Created/Jobs Retained 0/7' Economi~ Impact $5,886.500 1. Client .Activity 109 · Client Hours 472 2. Training Events 8 .· Training Hours 527 · 'j'raining Event Attendees t08 3. Outreach Update/Public Speaking 4. I.E. International Trade · Export Actions · Dollars $ 15. Othe~' TOURISM COUNCIL 1. Industry Outreach 2 2. 'U arke~ing Activity · Tradeshows Promotional Materials 3. ~aiJings (cd-rom) 4. Ads HIGH TECH 1 .'Clients/Inquiries 2. Client Hours '73. Trai~ing Events " 4. Financial Ecoriomic Impact 5. Other Projects 5 3.5 ~0 $39,500.00 5 Locations Tradeshow 15' 7 99 159 12 12 39 343' 842 81 $9;~6,850 2 89/58 $18,291,000 795 2,768 63 4,178 788 10 $1,08~,00D 1 *Preliminary humbers Partial Amount/Preliminary Numbers TdComm Pictures, Golf Tournament 8BA Awards LuncheOn 43 Sacramento Tourism Conference. Nike Golf 2 Sun Adventure Guide, Trout Derby 5 Sacto Con[ on Tourism. CTM, LA Times Show 3 Adventure Guide. Destination Video, website on-line 5 CD-Rom. Calendar of Events, Tour Operator mailing: 1,000 Sunset Ad responses 3 ' 1/4 page ad Sunset Mag, LA Times 10 20.5 2 $100;000 9 27450 Ynez Road, Suite 104 Temecula, CA 92591 Phone (909) 676-5090 · Fax (909) 694-0201 July 12, 1999 Shawn Nelson, Acting City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn: Attached please find the Monthly Activity Report provided as per our contract with the City of Temecula. This is the month of June at a glance: Business Inquiry Highlights 9 businesses requested information on starting or relocating their business in Temecula. They received a business packet which includes information on demographics, relocatiort, housing, rentals, maps, organizations, etc. Committee Highlights Tourism Committee: The City has been selected as a winner of the distinguished Great American CiW Award by the History Channel Great Race held on June 19. The title honors the best lunch stop on the 3,800~mile, 44-City transcontinental route. History Channel representatives remm to the City to present the award and a $5,000 donation to the Friends of the Temecula Library. Chamber staff contacted over 50 businesses in the community and secured the sponsors for the event. The staff obtained the printing of sponsors' logos on 3,000 Great Race posters, donated by Maufiee Printers. Members of the Tourism Committee did a wonderful job assisting with this event! Melody Brunsting spoke to the Tourism Committee on the future of a Visitor and Convention Center in Temecula. Staff is currently gathering data on operations for a Visitors and Convention Bureau. Education Committee: Stories written by Temecula students will be judged shortly. A winning story will be selected and read by a stoW telling bear in the play area of the Promenade Mall. As part of the job mentoring program, video taping of business leaders will be filmed by Chaparral High School's video production class for distribution to the high schools' career programs. Ways & Means Committee: Committee members for Monte Carlo, Business Showcase and Temecula Valley Pageant are currently meeting in order to prepare for these upcoming events. Monte Carlo will be held August 18, at Embassy Suites Hotel. Autumn Fest '99 Business Showcase is slated for October 20, at Temeku Hills Auditorium. Temecula Valley Pageant has forty-one contestants seeking the title for Wee, Little Miss, Jr. Miss, Teen, Miss and Mrs. Temecula. The Temecula Valley Pageant will take place August 28, at Temecula Middle School. Local Business Promotions Committee: Success Seminar Series "Unleash Your Marketing Power!" scheduled for June 8, 1999, at Embassy Suites Hotel, was a successful breakfast seminar. Discussion was held to continue with Success Seminar Series twice a year, during January and June. "Shop Temecula First .... because it just makes Sense" June campaign commenced on June 1, with eighty-two participants. The Press-Enterprise is the June campaign sponsor. Weekly customer and merchant winners were rewarded with many donated git~s and certificates from local businesses. The Grand Prize merchant winner was drawn on June 30, Treasures of Mexico is the $500 grand prize winner. The Grand Prize customer winner Robert Martinez, will receive $1,000 cash, courtesy of our sponsor, The Press-Enterprise. The Press-Enterprise will provide photo coverage of both the Grand Prize Customer and Business. The Shop Temecula First Committee participated in the 4th of July parade along with mascot Hamlet from Lake Elsinore Storm and our very own Mystery Shopper. Government Action Committee: Guest speaker, Dennis Hollingsworth of the Farm Bureau and candidate for the State Assembly, gave an informative presentation on the Endangered Species Act Plan. The Chamber is taking a stance in opposing SB402 (Burton-Villaraigosa) which mandates binding arbitration for police and firefighters. The Chamber is also opposing SB1237 (Escutia) which allows third party lawsuits against insurers. Monthly "Legislative Alerts" containing bills impacting the business community will be broadcast faxed to Chamber members. Chamber members may write to their legislators in support or opposition of the bills. Membership Committee: Ambassadors attended 13 Ribbon Cuttings in June. They held a very successful Mixer in June at North County Bank. Over 250 business members artended. The Ambassador Networking Breakfast had 72 business members in attendance. The committee is focusing on the special topic breakfast on July 28 at the Embassy Suites Hotel from 7:30 a.m.-9:00 a.m. The topic is "The Mall...What it means to you!" Featured speakers are Shawn Nelson/Acting City Manager, Jim O 'Grady/Assistant City Manager, Gall Enderwood/Director of Leasing of the Promenade Mall and Jeff Stone, Facilitator. The breakfast is flee and the Chamber encourages members and the public to aHend. The Committee is hosting a Chamber Open House (formerly New Member Reception) on Tuesday, July 13 at the Chamber. The Chamber Open House will be informing the last quarter new members and potential new members on the benefits of being a member of the TVCC business organization. The Chamber Open House is offered on quarterly basis. Tourism Highlights (Bulk brochure distribution) · 225 Visitor Guides to the City of Temecula for distribution to prospective visitors and businesses coming to Temecula. · 425 Visitor Guides, 350 Old Town Walking Tour Maps, 50 Temecula Brochures and 250 Winery Brochures to TVCC's Weekend Visitor Center. · 225 Visitor Guides and 50 Winery Brochures to One Song for distribution to tourists. · 200 Temecula Brochures to Indian Dental Association attending a conference at the Lawrence Welk Resort Center. · 100 Old Town Maps to Captains Cabin for a promotional mailing. · 100 Visitor Guides to Pala Mesa Resort for distribution to guests. · 100 One-page Street Maps, 100 Temecula Brochures and 100 Relocation Packets to International Rectifier for distribution to new employees. 50 Education Brochures, 50 Visitor Guides and 50 Winery Brochures to Paseo Del Sol for distribution to clients. · 40 Old Town Maps, 40 Visitor Guides and 40 Winery Brochures to the City of Moreno Valley for a tour in Temecula. · 30 Education Brochures and 30 Temecula Brochures to Coldwell Banker Assoc. for distribution to prospective home buyers. Activity Report · Overall Tourism phone calls are up 19.16 percent from last year. · Overall phone calls are up 14.12 percent from last year. · Walk-ins are up 15.60 percent from last year. E-Mail requests: 93 Also attached are the Meeting Minutes for the Tourism, Education, Ways & Means, Local Business Promotions, Government Action, Membership Committees and "How did you hear about Temecula?" report. If you have any question regarding this information, please feel free to call me. Thank you. Sincerely, President/CEO cc: Mayor Steven J. Ford Mayor Pro Tem Jeffcry E. Stone CounciLman Jeff Comerchero Councilman Karel F. Lindemans CounciLman Ronald H. Roberts Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager Gary Thornhill, Deputy City Manager Gloria Wolnick, Markcling Coordinator TVCC Board or' Directors PHONE CALLS TOURISM TOURISM REFERRALS Calendar of Events Special Events General Information TOTAL TOURISM CALLS RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL PHONE CALLS CHAMBER REFERRALS WALK-INS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS MAILINGS TOURISM RELOCATION DEMOGRAPHICS TOTAL MAILINGS E-MAIL TOURISM RELOCATION MISCELLANEOUS TOTAL E-MAIL GRAND TOTALS PHONE CALLS WALK-INS MAILINGS E-MAIL TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTIVITY REPORT FOR JUNE, 1999 Chamber Vis. Center This Month This Month Total Year-To-Date 350 117 376 998 1,841 2684 683 4241 6,351 13,959 182 93 1,646 109 3,871 13,615 1292 398 10,622 744 13,056 71,395 145 89 113 707 167 65 816 40 2,142 148 1 35 182 4 0 7 1 378 1,900 684 549 4,779 1058 348 5,428 353 15,099 139 101 98 338 1070 632 666 2,368 24 17 52 93 THIS MONTH 3,871 2,142 338 93 116 109 329 554 YEAR-TO-DATE 63,523 10,925 1,939 648 ANNUAL VOLUME COMPARISONS Chamber June, 1998 Chamber June, 1999 Percentage Increase WALK-INS TOURISM 103 145 40.78 CALENDAR OF EVENTS 82 89 8.54 SPECIAL EVENTS 125 113 -9.60 GENERAL INFORMATION 467 707 51.39 RELOCATION 130 167 28.46 DEMOGRAPHICS 59 65 10.17 CHAMBER 963 816 -15.26 MISCELLANEOUS 65 40 -38.46 VISITOR CENTER WALK-INS 186 378 103.23 TOTAL WALK-INS 2,180 2,520 15.60 MAILINGS TOURISM 167 139 -16.77 RELOCATION 115 101 -12.17 DEMOGRAPHICS 84 98 16.67 TOTAL MAILINGS 366 338 -7.65 E-MAIL TOURISM N/A 24 N/A RELOCATION N/A 17 N/A MISCELLANEOUS N/A 52 N/A TOTAL E-MAIL 93 N/A * Chamber referrals reflects faxes, walk-ins and phone calls PHONE CALLS TOURISM Tourism Referrals 392 350 -10.71 Calendar of Events 64 117 82.81 Special Events 214 376 75.70 General Information 875 998 14.06 TOTAL TOURISM CALLS 1,545 1,841 19.16 RELOCATION 151 182 20.53 DEMOGRAPHICS 50 93 86.00 CHAMBER 1,548 1,646 6.33 MISCELLANEOUS 98 109 11.22 TOTAL PHONE CALLS 3,392 3,871 14.12 CHAMBER REFERRALS 5,642 13,615 141.32 TEMECULA VALLEY FILM COUNCIL ACTIVITIES REPORT June 1999 Members of the Temecula Valley Film Council are Maggi Allen, President; Sunny Thomas, Vice-President; Judi Staats, Treasurer; Steve Phelps, Secretary; Brian Padberg, Sheri Davis, and Penny Rivera. The Business of the Film Council Temecula Talent Showcase '99 was a great success. Close to 600 tickets were sold for what appeared to be a FULL HOUSE. As this was a fundraiser for the TVFC, we are please to have raised over $600, after awarding $2400 in prizes to the contestants. Film Council and Film Festival have been combined to one telephone location by call forwarding. Maggi Allen worked with the Film Festival staff and directed all calls to the proper channels. We have received eight specific location calls this month and hundreds of festival related inquiries. The Temecula Valley was represented at ShowBiz Expo at the L. A. Convention Center on the weekend of June 26 - 27 in the IEFC booth with location photographs and our production postcards. Filming activity Local barns with wood siding were used as backup production settings for a film in process. This allowed the filmmaker to avoid the extra expense of returning to the films original location in Iowa. Sheri Davis of the IEFC was able to help us as this request came in the middle of the Festival. Cinema Entertainment Alliance produced a very successful Film Festival. Attendance was increased over last year's Festival. Over 100 Temecula and area residents actively participated as volunteers to make the event run smoothly. Over 100 films were shown over a seven-day schedule in seven theaters at the Temeku Cinemas. Filmmakers and film production people from all over the world attended the Festival and represented their films. The Film Council distributed over 100 "Welcome" packets to the filmmakers. Each packet included the NEW Chamber of Commerce map of Temecula and tourism brochures and the Film Council's Production Guide of local businesses and services. A Poker Run Hot Rod rally was arranged for the filmmakers on June 19th following the Great Race stop. 40 filmmakers were driven through Temecula for a fun afternoon and were shown some of our excellent photo location spots at the same time. Maps were distributed so that if they saw a location they liked, they would know how to find it again. The Australian team was awarded a basket full of Temecula related items (thank you to Gloria Wolnick for her contributions) for having collected the best Poker Hand during the rally. On Sunday, June 20th 15 filmmakers were taken for Hot Air Balloon experiences over the vineyards. Many of the filmmakers indicated that they would like to return to this area. Permitting and local information were requested by Katie Bell Productions from England. They will be filming an interview here in early July. Thank you for approving $20,000 in funding for the Film Council. We are looking forward to meeting with the Economic Development Sub-committee on July 22nd for further discussion. We will continue to support the daily management of ~lmmaker'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 Respectfully, Maggi Allen President, TVFC APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Acting Director of Public Works/City Engineer July 27, 1999 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 June, 1999. MOACTRPT I- I- w .J u.I LU U,I ~o z ~ H 0 ~ Z u') rY' CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report June 1999 Submitted by: William G. Hughes Date: July 27, 1999 PROJECTS UNDER CONSTRUCTION 1. 1-15/Rancho California Road Interchange Modifications: The Rancho California Road loop ramp project improvement is now complete. The landscape maintenance period has begun and the contractor is correcting punch list items. The City submitted plans and specifications for additional ramp improvements to Caltrans for review. The additional work proposed is as follows: Widen both the southbound and northbound on-ramps to two lanes, widen the north side of Rancho California Road from Ynez Road to the northbound on-ramp to provide an additional lane and optional westbound right turn lane, and modify the existing median island just east of Front Street to extend the existing left-turn pocket. The City will be going out to public bid for this ncxv work. 2. Temecula Duck Pond Park: The park improvements are substantially complete with only the punch list items remaining. This project is now in the 90-days maintenance period. Project completion is anticipated in the middle of September. Park improvements include a gazcbo/bandstand, picnic hcilitics, a restroom, walkways, parking lot, security lighting, and landscaping and irrigation in~provcments. The street improvements consist of the widening of Ynez Road to full width, between Rancho California Road and Tierra Vista Road. Those improvements include new sidewalks; additional turn lanes, traffic signal modifications at Yncz Road and Rancho Califomia Road, a new traffic signal at Ynez Road and Ticrra Vista Road. and pavement restriping to improve traffic circulation. 3. Margarita Road Sidewalk (Rancho Vista to Pauba Road): Construction of the curb, gutter and sidewalk, and paving Margarita Road are now complete. This project is now in the 90-day maintenance period. The improvcn~ents included the installation of concrete curbs, gutter, and sidewalk along the west side of Margarita Road between Rancho Vista Road and Pauba Road. The sidewalk will improve access to the Rancho California Sports Park. Also. as part of the design, additive alternate improvements will include ADA ramp access from Margarita Road to the adjacent ballfields along with an expanded parking area. Completion is scheduled for Septcmbcr 1999. 4. Winchester Road & Ynez Road Street Widening: Thc contractor has installed the concrctc curb, gutter, sidexvalks and base paving along Winchester Road and Ynez Road. The electrical sub-contractor is modif,ving existing signals and installing new signals on both Winchester and Ynez Roads. The landscaping sub-contractor has began installing water mainline and underground electrical for the proposed landscape improvements. Construction is scheduled to be completed in August 1999. R:\MonthlyAclivityReport\C1P\99\JuneRevised.doc 5. Overland Drive Street Improvements & Margarita Road Street Widening: The contractor has constructed Phase 1I of the box culvert at Overland Drive and is grading the Long Canyon Creek channel, and detention basin. The electrical sub-contractor is continuing to place street light and traffic signal improvements. The placement of curb, gutter, and sidewalk is occurring on the eastside of Margarita Road. Construction is scheduled to be completed in August 1999. 6. Winchester Road Median Islands and Enterprise Circle Traffic Signal: The project included the installation of a median island, landscaping and irrigation along Winchester Road from Jefferson Avenue to 900 feet west. The new median island at Jefferson Avenue was constructed to provide for a louger left turn pocket for northbound traffic. Construction is now substantially complete and is in the 90-dav maintenance period, which should end on August 13, 1999. 7. 1-15/Overland Drive Overcrossing Improvement: Construction of the bridge supports (columns & abutments) is complete. Erection of temporary falsework is also complete. The in'st of three stages of jefferson Avenue modifications continued xvith the completion of the sewer line and storm drain improvements. The contractor has begun working 10-hour days to accelerate the construction of the bridge Estimated bridge opening is October 1999. 8. Pala Road Bridge: The bridge improvements continued x~4th the completion of both bridge abutments. The pier wall was completed. Stage 1 construction of the grouted rock slope protection (Rip-Rap) for the channel is continuing. Installation of the underground utility work and the bridge falsework is under~vay. Estimated completion date for Stage I of the project is December 1999. 9. Tennis Court Lighting at Temecula Valley High School The contractor started the digging for the lighting foundation. This project will install tennis court lighting along with landscaping, irrigation, fencing, striping, and minor concrete work at Temecula Valley High School. Estimated completion date for this project is August 1999. 10. Rotary Park The contractor will start work once the cquipn~cnt is delivered (late July). The work is expected to take two (2) weeks to complete. This project will install a picnic shade structure, picnic tables, fencing, concrete and drainage structures. Construction is anticipated to bc completed in August. 2 R:\MonthlyActivityReport\CIP\99XJuneRevised .doc PROJECTS BEING BID 1. Traffic Signals on Margarita Road at Pio Pico Road and at Pauba Road Design is complete, and authorization to advertise for public bids was granted by City Council on May 11,1999. Bids were opened June 10, 1999. Project was awarded to DBX, Inc. on June 22, 1999. Due to the signal equipment lead-time, construction is anticipated to begin in August. 2. Santa Gertrudis Creek Trail Undercrossing This project will construct a bike trail in the existing Santa Gertrudis Creek under Winchester Road (Hwy. 79N) bridge. Bids were opened on July 1, 1999. The apparent low bidder was Granite Construction Company with a bid amount of $268,268. The City Council awarded the Contract to Granite Construction at their July 13, 1999 meeting. Construction on this project is anticipated to begin in August. 3. Street Name Sign Replacement - Phase I This project will replacc existing strcct namc signs in thc Santiago Estates area with ncw plastic molded signs. Design plans and specifications for this project xvcre complctcd and the project was advertised for bids. The bids werc opened on June 17. 1999. Thc apparent low bidder was J.K. Wcigle Engineering xvith a of $40,611.16. The City Council awarded the Contract to J.K. Wciglc Engineering at their July 13, 1999 meeting. PROJECTS IN DESIGN 1. Pavement Management System: Staff received final plans from the consultant. Staff will add the design to pave Winchester Road from Jefferson Avenue to Diaz Road to the project plans and specifications. This project will provide strect rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road and on Winchester Road from Jefli:rson Avenue to Diaz Road. This project will also include the installation of street lighting along the entire length of Jefferson Avenue. Construction is anticipated to begin m August 1999 with an estimated completion date of October 1999. 2. Pujol Street Sidewalk, Curb & Gutter: The survey is complete and City staff' is currcntly designing the project. The design is 95% complete. 3. 1-15 Southbound Off-Ramp Widening at Winchester Road Phase I will add one (1) southbound lane on the 1-15 Freeway and xvidcn the northbound on-ramp to two lanes. Phase II will widen the bridge ovcr the Santa Gertrudis Creek at the southbound off-ramp. On May 11, 1999, City Council authorized staff to solicit bids once Caltrans approves the plans and specifications. Caltrans approval is pending. 3 R:\MonthlyActivityReport\CIP\99\JuneRevised.doc 4. 1-15 Southbound Off-Ramp Widening at Rancho California Road This project will add one (1) southbound lane on the I-15 Freeway, widen both on-ramps to two lanes, widen the north side of Rancho California Road from Ynez Road to the noah bound ramp, lengthen the west bound left turn pocket at Front Street. On May 11. 1999. City Council authorized staff to solicit bids once Caltrans approves the plans and specifications. Caltrans approval is pending. 5. Butterfield Stage Park Improvements This project will construct a basketball court near the existing parking lot. An informal bid process was conducted. One bid was received xvith a bid amount that is substantially greater than the Enginccr's estimate. This project will be re-bid using the formal bid process. 6. Old Town Southside Parking Lots The project is currently being designed in-house. This project consists of two (2) proposed parking lots. One will be located on the west side of Front Street just north of Second Street. and the other lot is located on the south side of Fourth Street west of Front Street. 7. First Street Bridge Final construction drawings are complete: construction advertisement is scheduled for July 1999. Staff is waiting for the technical specifications from design consultants so the bid package can be assembled and distributed. 8. Citywide Bike Path Construction The design of this project is complete. This project xvill stripe bike lanes along Jefferson Avenue from Rancho California Road to Sanborn Avenue. Yncz Road from Tower Plaza North to Overland Drive. and Rancho California from Margarita Road to Riosling Court. 9. Traffic Signal and Median Modification at Rancho California Road and Town Center Drive This project will modify the intersection to expedite turning movements and to allow for longer green time on Rancho Califomia Road. Improvements will include the relocation of signal poles, installation of new handicap ramps, modification of median islands, and restriping the intersection. 4 R:\MonthlyActivityReport\CIP\99~JuneRevised .doc MEMORANDUM TO: Bill Hughes, Acting Director of Public Works/City Engineer FROM: ~q~Brad Buron, Maintenance Superintendent DATE: July 6, 1999 SUBJECT: Monthly Activity Report - June, 1999 I I / I The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of June, 1999: I. SIGNS A. Total signs replaced 23 B. Total signs installed 30 C. Total signs repaired 4 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 115 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons 9,744 110 IV. CATCH BASINS A. Total catch basins cleaned 0 RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 122,020 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. 28 1,845 VII. STENCILING A. 398 B. 18,797 New and repainted legends L.F. of new and repainted red curb and striping Also, City Maintenance staff responded to 49 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 37 service order requests for the month of May, 1999. The Maintenance Crew has also put in 204 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 June, 1999 was $ 46,259.25 compared to $ 132,096.77 for the month of May, 1999. Account No. 5402 $ 46,259.25 Account No. 5401 $ -0- Account No. 999-5402 ~ -0- CC: Ron Parks, Deputy Director of Public Works All Moghadam, Senior Engineer - (CIP/Traffic) Greg Butler, Senior Engineer - (Capital Improvements) Amer Attar, Senior Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) .Z ~g qqqqqqqqq~ UJ I-- LU W>- O..j Z4:: 4::0 LU-- i--u- Z {:~:~:~:~:~:~:!:!:i:i:~:~ :~:~:~:~:~?!:!:!:i:i:!. .'.'.'.'.'.'.'.'-'.'.'.' :::::::::::::::::::::::: 0 0 0 0 0 O 0 0 0 0 I~, 0 0 0 0 0 0 0 ~9 0 0 ~ ~ O ~ 0 , ............................ ~--~ t,, ~- uJ ~ E~ ::~::~:: :::::::::::::::::::::::::::::,, ® '~ i.~ ·g ,, -~ , :: :.:: "~ :. i:::::::::::::::::::::::::::::I--~ ~ <~ o(:.3 :~~ 0 E E ~ ~ ~ ~. m '~ E m (~ · o .-e o ( ~ o ~ e~'- ~ u ~ ~ ~ o ::~'~;~:::::::::::::::::::::::::::::::~ ~ ~~ m 0 ~ ~ u u · ~::~::~:::::::::::::::::::::::::::::::::::< < o ~ o- ~m~ ~ ~ .....................................~o~ ~ ~ ~ ~ ~ ~Bo~z<~ (.)~:,,, ~:0 0 I.- 0 14.1 I- 0 0 o .,:r I- 0 ILl m I-- m ILl "1 ._1 _ O~ (.) 0 n,' uJ I- t-- u~ D c~ m D C, ._1 LLI I- Z n aj LLI ~.1 0 iii I: 0 iii / _J iii Z Z 'I- 0 UJ W W ~ 0 W (t'J uJ 0 iii STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of June, 1999 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: Date: 06/14/99 # 5402 Date: 06/21/99 # 5402 Date: 06/21/99 # 5402 Date: 06/21/99 # 5402 Date: 06/21/99 # 5402 CONTRACI'OR: Date: 06/01/99 it 5402 TORAN I)EVEL()PMENT & CONSTR. OLD TOWN RE-SEAL, SAND & REPAIR BOARDWALK 6TM STREET TOTAL COST $ 4,910.25 RE-SEAL, SAND & REPAIR BOARDWALK SWING INN TOTAL COST $ 4,995.75 INSTALL 4 6" X 6" BUMPER POSTS AT DRiVE APPROACH MAIN STREET TOTAL COST $ 2,836.00 EMERGENCY REPAIR TO LIGHT POST OLD TOWN TOTAL COST $ 108.25 REMOVE WOODEN BENCH TOP FROM RETAINING WALL & REPLACE WITH P.C.C. TOTAL COST $ 5,000.00 RENE'S COMMERCIAL MANUFACTURING VIA BIRSAS TREATMENT OF 56 TREES AND WEED OLD TOWN SPRAYING ON LOTS. TOTAL COST $ 6,125.00 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of June, 1999 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: Date: 06/16/99 # 5402 CONTRACTOR: Date: 06/25/99 # 5402 CONTRACTOR: Date: 06/22/99 # 5402 MONTELI'X)NE EXCAVATING. OLD TOWN N.P.G. CORI~ORATION PALA ROAD AT SR 79 LOWER PESTMASTER SERVICES CALLE ARAGON R.O.W. WEED SPRAYING C()N'I'RAC'I'()R: Date: 06/15/99 # 5402 Date: 06/15/99 #5402 BECKER ENGINEERING CITYWIDE 42368RIONEDO GRADING OF LOTS AND STREET WASH DOWN TOTAL COST $ 4,800.00 CONSTRUCT RIGHT TURN LANE & STRIPING TOTAL COST $ 4,999.00 TREATMENT OF 34 ALDER TREES & R.O.W. WEED SPRAYING TOTAL COST $ 2,500.00 ASPHALT SAW CUTTING FOR PATCH TRUCK TOTAL COST R & R 70' OF CURB & GUTTER & A.C. OVERLAY STREET $ 4,995.00 TOTAL COST $4,990.00 TOTAL COST ACCOUNT#5~I TOTAL COST ACCOUNT#5~2 TOTAL COST ACCOUNT~9-5~2 -0- $ 46,259.25 -0- r'~ I.U r,/) z !-- ~ + LU Z .DATE o6/ol/99 o6/ol/99 06/02/99 06/02/99 06/03/99 06/03/99 06/04/99 06/09/99 o6/11/99 o6/11/99 o6/18/99 06/18/99 06/18/99 06/25/99 06/29/99 06/29/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF JULY, 1999 LOCATION I-15 AT SANTA GERTRUDIS CHANNEL I-15 AT WINCHESTER (ON FREEWAY) YNEZ 1,000' NORTH OF PAUBA HUMBER AT RANCHO CALIFORNIA ROAD RANCHO CALIFORNIA ROAD AT FRONT STREET YNEZ AT TOWN PLAZA WINCHESTER AT I- 15 29955 PECHANGA DRIVE MORAGA PARK MIRA LOMA AT RANCHO VISTA 27338 JEFFERSON, 1-15 FWY SOUTHBOUND OFF RAMP (TOTAL OF 12 LOCATIONS) MAIN STREET BRIDGE NORTH EAST CITY LIMIT MONUMENT WALL MAIN STREET BRIDGE EMPIRE CREEK / TOWN CENTER CORTE ENCINA AND PASEO DE LAS OLAS WORK COMPLETED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED 75 S.F. OF GRAFFITI 285 S.F. OF GRAFFITI 1 S.F. OF GRAFFITI 71 S.F. OF GRAFFITI 2 S.F. OF GRAFFITI 1 S.F. OF GRAFFITI 30 S.F. OF GRAFFITI 15 S.F. OF GRAFFITI 2 S.F. OF GRAFFITI 3 S.F. OF GRAFFITI 539 S.F. OF GRAFFITI 346 S.F. OF GRAFFITI 417 S.F. OF GRAFFITI 13 S.F. OF GRAFFITI 30 S.F. OF GRAFFITI 15 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 1,845 28 R:MMAINTAINXWKCMPLTD\GRAFFITIX99UULY.99 .DOC DATE RECEIVED 06/01/99 06/01/99 06/02/99 06/02/99 06/03/99 06/03/99 06/07/99 06/07/99 06/08/99 06/08/99 06/09/99 06/09/99 06/09/99 06/10/99 06/10/99 06/10/99 06/14/99 06/14/99 06/14/99 06/15/99 06/15/99 06/15/99 06/15/99 06/17/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS D1VISION SERVICE ORDER REQUEST LOG MONTH OF JUNE, 1999 I .OCATION REQUEST HYDRAULIC FLUID SPILL SINK HOLE IN A.C. SINK HOLE PARKING LOT "ODOR" R-1 DOWN TREE TRIMMING TREE TRIMMING WEEDS IN CRACKS BROKEN CMP ROOT PRUNING OIL SPILL TREE TRIMMING A.C. REPAIR PAINT SPILL GRAFFITI PAINT SPILL TREE TRIMMING S.N.S. MISSING ROOT PRUNING TREE DOWN TREE CONCERN DEAD TREE ALGAE IN CURB & GUTTER SINK HOLE 42733 TIERRA ROBLES PLACE 44024 QUIET MEADOW ROAD 40010 HOLDEN CIRCLE 26403 YNEZ ROAD 30485 SIERRA MADRE DRiVE 42041 AVENIDA VISTA LADERA MARGARITA ROAD BEFORE HIGHWAY 79 SOUTH COSTAIN HOMES 43442 CALLE DE VELARDO 41579 AVENIDA DE LA REINA 45546 CLUB HOUSE 43372 VIA ANGELUS 30747 SAN PASQUAL ROAD 29840 VIA PUESTA DEL SOL 30046 PECHANGA DRiVE 29840 VIA PUESTA DEL SOL 31038 CORTE CANTERA 31705 CALLE SARAGOZA 31705 PASEO GOLETA 41831 5TM STREET 40699 CALLE KATERINA 41865 HUMBER DRIVE 32210 VIA CESARIO MARGARITA ROAD AT SHELL STATION DATE WORK COMPLETED 06/01/99 06/01/99 06/02/99 06/02/99 06/03/99 06/03/99 06/07/99 06/07/99 06/08/99 06/08/99 06/09/99 06/09/99 06/09/99 06/10/99 06/10/99 06/10/99 06/14/99 06/14/99 06/14/99 06/15/99 06/15/99 06/15/99 06/15/99 06/17/99 R:XMAINTAINXWKCMPLTD\SORSX99~IUNE.99.DOC DATE I/ECEIVE!) 06/17/99 06/17/99 06/17/99 06/18/99 06/21/99 06/21/99 06/21/99 06/21/99 06/22/99 06/22/99 06/22/99 06/23/99 06/23/99 06/23/99 06/24/99 06/25/99 06/25/99 06/28/99 06/28/99 06/28/99 06/28/99 06/28/99 06/28/99 06/29/99 1~O(2ATION 43085 BUSINESS PAI,CK DRIVE 41559 YANKEE RUN COURT 32230 CALLE TORi~NTE 41844 4ru STREET 42140 LYNDIE LANE MARGAPdTA SOUTH OF YUKON 30110 LEVANDE PLACE MARGARITA AT DARTOLO ROAD 30194 PECHANGA DRIVE 27999 JEFFERSON 40358 CALLE KATHERINE 403 12 WINDSOR ROAD 40536 CA[,I,E KAT[ IERINE 40312 WINDSOR ROAD 31770 VIA SALTIO 29762 CALLE PANTANO 31470 PASEO COLETA CORTE MONTIEL 30745 MIRA LOMA DRIVE 29826 VIA PUESTA DEL SOL CORTE ENCINA AT PASEO DE LAS OLAS 29633 CALLE VIOLETTA 43530 VIA BARROZO 42040 KAFFIRBOOM COURT TOTAL SERVICE REQUEST TREE DOWN SIGN REPLACEMENT P.C.C. REPAIRS REPLACE SANDBAGS V-DITCH CLEANING STREET SINKING TREE TRIMMING TREE TRIMMING TREE REMOVAL POTHOLE P.C.C. REPAIRS P.C.C. REPAIRS NATURAL SPRING IN YARD P.C.C. REPAIRS PICK UP SNS MANHOLE COVER NOISE TREE TRIMMING GRAFFITI POTHOLE PAINT SPILL GRAFFITI CHANNEL CONCERN CATCH BASIN REPAIR STREET SWEEPING ORDER REQUESTS 49 DATE WORK COM PI,ETEI) 06/17/99 06/17/99 06/17/99 06/18/99 06/21/99 06/21/99 06/21/99 06/21/99 06/22/99 06/22/99 06/22/99 06/23/99 06/23/99 06/23/99 06/24/99 06/25/99 06/25/99 06/28/99 06/28/99 06/28/99 06/28/99 06/28/99 06/28/99 06/29/99 R:MVlAINTAIN~WKCMPLTD\SOR. SM99'dUNE.99.DOC DATE 06/01/99 06/02/99 06/02/99 06/02/99 06/02/99 06/03/99 06/03/99 06/07/99 06/22/99 06/28/99 06/30/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JUNE, 1999 LOCATION 5n~ STREET AT MERCEDES C STREET AT SANTIAGO YNEZ AT PREECE CHANNEL YNEZ SOUTH OF PAUBA CALLE HALCON AT YNEZ PAUBA EAST OF YNEZ C STREET AT SANTIAGO PAUBA AT VILLA ALTURAS MARGARITA AT DARTOLO RANCHO VISTA AT MARGARITA MARGARITA ROAD NORTH OF PIO PICO WORK COMPLETED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED TRIMMED R.O.W. TREES 18 R.O.W. TREES 3 R.O.W. TREES 8 R.O.W. TREES 1 R.O.W. TREES 27 R.O.W. TREES 19 R.O.W. TREES 2 R.O.W. TREES 1 R.O.W. TREES 9 R.O.W. TREES 26 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 115 R:MMAINTAII~WKCMPLTD\TR~ES~99XJUNE.99.DOC DATE 06/01/99 06/02/99 06/03/99 06/07/99 06/08/99 06/09/99 06/10/99 06/14/99 06/15/99 06/16/99 06/21/99 06/21/99 06/22/99 06/28/99 06/29/99 06/30/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF JUNE, 1999 LOCATION SCOPE OF WORK OLD TOWN 2ND STREET CITYWIDE "RAIN" OLD TOWN REPAIRS OLD TOWN REPAIRS DIAZ NORTH OF//27711 PALA ROAD AT HURON CITYWIDE FRONT STREET AT ALBERTOS VIA NORTE WEST OF CALLE PI~IA COLADA JOHN WARNER ROAD NORTH OF CABRILLO MARGARITA SOUTH OF YUKON MONTELEGRO WAY AT CORTE BENAVENTE RIO NEDO EAST OF TIERRA VISTA JEFFERSON AVENUE AND RANCHO VISTA ROAD RAINBOW CANYON ROAD CITYWIDE POTHOLES A.C. OVERLAY FILL POTHOLES A.C. OVERLAY A.C. OVERLAY REMOVE & REPLACE A.C. REMOVE & REPLACE A.C. POTHOLE REPAIRS R&R A.C. A.C. OVERLAY A.C. OVERLAY A.C. OVERLAY R&R A.C. A. C. OVERLAY A. C. OVERLAY A. C. OVERLAY FILL POTHOLES S.F. 2,291 91 470 953 280 138 518 121 313 1,400 430 72 1,806 122 525 214 TOTAL TONS 6 TEMP. A.C. 4.5 5.5 8.5 5 3.5 4.5 3.5 32.00 3 1.5 22 3.5 3.5 3.5 TOTAL S.F. OF REPAIRS TOTAL TONS 9.744 110 R:MMAINTAIN IWKCM PLTDXASPHALT. RPRL°9~UNE.99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF JUNE, 1999 DATE 06/02/99 06/02/99 06/03/99 06/03/99 06/03/99 06/03/99 06/03/99 06/07/99 06/07/99 06/07/99 06/08/99 06/08/99 06/09/99 06/10/99 06/11/99 06/14/99 06/15/99 06/15/99 06/16/99 06/21/99 !.,OCATION YNEZ AT PREECE CHANNEL YNEZ EAST OF PAUBA AND RANCHO VISTA RANCHO VISTA EAST OF MARGARITA YNEZ SOUTH OF TIERRA VISTA PAUBA EAST OF MEADOWS PAUI3A WEST OF MARGARITA JEFFERSON NORTH OF RANCHO CALIFORNIA ROAD PAUBA ROAD EAST OF YNEZ WINCHESTER AT I- 15 PALA ROAD CHANNEL PALA ROAD CHANNEL WINCHESTER AT I- 15 VIA LOBO CHANNEL VIA LOBO CHANNEL JEFFERSON NORTH OF RANCHO CALIFORNIA ROAD WEST SIDE MARGARITA NORTH OF YUKON RANCHO CALIFORNIA ROAD AT I- 15 FWY SOUTH SIDE JEFFERSON NORTH OF RANCHO CALIFORNIA ROAD WEST SIDE RANCHO CALIFORNIA ROAD ~, I-15 FWY NORTH SIDE MARGARITA SOUTH OF IL~.NCHO CALIFORNIA ROAD WORK COMPLETED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED 3,000 7,000 4,000 2,000 1,000 39,000 200 2,600 3,000 5,000 14,800 3,500 500 5,500 6,125 852 2,823 18,300 1,500 1,320 S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS S.F.R.O.W. WEEDS TOTAL S.F. R-O-W WEEDS ABATED 122.020 R:~IAINTAFN~WKCMPLTD\WEEDSLog~R..~qE.99.DOC DATE '! ' 06/01/99 06/03/99 06/03/99 06/09/99 06/09/99 06/09/99 06/11/99 06/11/99 06/11/99 06/16/99 06/17/99 06/21/99 06/21/99 06/22/99 06/22/99 06/23/99 06/24/99 06/24/99 06/25/99 06/25/99 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JUNE, 1999 LOCATION RAINBOW CANYON ROAD NORTH OF GOLF COURSE MARGARITA AT MORAGA PAUBA EAST OF VIA CELDA LOMA LINDA MARGARITA AT PAUBA CORTE CANTINA AT AVENIDA SONORA RANCHO CALIFORNIA ROAD AT HUMBER LAKE VILLAGE AREA LA SERENA AT MEADOWS RANCHO CALIFORNIA ROAD AT YNEZ SOUTHWEST CORNER FRONT STREET AT PLAZA DEL RIO RANCHO CALIFORNIA ROAD EAST OF FRONT STREET RANCHO CALIFORNIA ROAD EAST OF FRONT STREET RANCHO CALIAFORNIA ROAD WEST OF BUSINESS PARK DRIVE VIA LOBO CHANNEL END OF DARTOLO MARGARITA AT DE PORTOLO JEFFERSON AT CALLE CORTEZ EL LUCERO AND JEDEDIAH SMITH ROAD RANCHO CALIFORNIA ROAD AT TOWN CENTER WORK COMPLETED REPLACED W-14 "T.C." REPLACED R-61 "T. C." REPLACED R26D "T.C." INSTALLED 2R-2-25 REPLACED R- 1 "T. C." REPLACED R-1 "MISSING" REPLACED R-26D & R-81 COMBO "T.C.' REPLACED 7 TYPE "K' "MISSING" INSTALLED W63, W63A, W65, W65A & R72 INSTALLED R-18-1 REPLACED 2 R-26 INSTALLED R2 "40" T.C. INSTALLED R.V. SIGN REPLACED W-75 "MISSING" REPLACED W-31 2 "N" MARKERS "MISSING" INSTALLED 4 "N" MARKERS & W31 INSTALLED 2 W-17, 2 R-i, 4 R-l-3 INSTALLED S.N. S. REPLACED S.N.S. INSTALLED R-96 & R-96-B T.C. R:XMAINTAIN~xWKCMPLTDXSIGNS~99~JUNE.99 DATE 06/25/99 06/28/99 06/29/99 06/29/99 LOCATION RANCHO CALIFORNIA ROAD EAST AND WEST OF YNEZ 31468 CORTE MONTIEL WINCHESTER AT JEFFERSON BUECKING ROAD AT JEFFERSON WORK COMPLETED INSTALLED 2 R-18 & W 74 REPLACED W-53 GRAFFITI REPLACED R-18 MISSING REPLACED RED "N' MARKER MISSING TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 23 30 4 R:XMAINTAFNXWKCMPLTD\SIGNS\99XJUNE.99 DATE LOCATION 06/01/99 AREA #1 06/07/99 OLD TOWN 06/08.99 OLD TOWN 06/09/99 OLD TOWN 06/10/99 OLD TOWN 06/14/99 AREA #1 06/21/99 AREA #1 06/22/99 PALA ROAD AT LOWER HWY 79 06/22/99 AREAS #2 & #3 06/24/99 MARGARITA AT DE PORTOLA 06/28/99 FRONT STREET AT SANTIAGO 06/28/99 AREA #2 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS/ STRIPING MONTH OF JUNE, 1999 REPAINTED REPAINTED REPAINTED REPAINTED REPAINTED REPA1NTED REPA1NTED REPAINTED REPAINTED INSTALLED & REPAINTED INSTALLED & REPAINTED REPAINTED WORK COMPLETED 8,790 L.F. OF RED CURB 194 LEGENDS 101 LEGENDS 31 LEGENDS 22 LEGENDS 5,668 L.F. OF RED CURB 13 LEGENDS 6 LEGENDS 1,000 L.F. OF RED CURB 16 LEGEND S 15 LEGENDS 3,339 L.F. OF RED CURB TOTAL NEW & REPAINTED LEGENDS NEW & REPAINTED RED CURB & STRIPING L.F. 3,98 18,797 R:XMAINTAIN~WKCMPLTD\STRIPINGX99XJUNE.99.DOC c~ c~