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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JUNE 25, 2002- 7:00 P.M.
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 11:00 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 11:00 P.M.
5:30 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to
Government Code Sections:
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956.8 regarding real property acquisition negotiations of property
located at the northwest corner of Diaz Road and Dendy Lane (32-acre parcel).
Under negotiation is the price and terms of the real property interests. The
negotiating parties are the City of Temecula and A.G. Kading. City negotiators are
Shawn Nelson, Jim O'Grady, and John Meyer.
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956.9(b)(1) with respect to one matter of potential litigation. With
respect to such matter, the City Attorney has determined that a point has been
reached where there is a significant exposure to litigation involving the City based
on existing facts and circumstances and the City will decide whether to initiate
litigation.
3. Conference with City Attorney pursuant to Government Code Sections 54957 and
54957.6 with respect to City Manager's Evaluation.
Public Information concerning existing litigation between the City and various parties
may be acquired by reviewing the public documents held by the City Clerk, .
CALL TO ORDER:
Prelude Music:
Invocation:
Flag Salute:
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Mayor Ron Roberts
Next in Order:
Ordinance: No. 2002-03
Resolution: No. 2002-54
Eve Craig
Pastor Ron Alsobrooks of New covenant Fellowship Center
Cub Scout Pack No. 337
ROLL CALL: Comerchero, Naggar, Pratt, Stone, Roberts
PRESENTATIONS/PROCLAMATIONS
ICMA Certification to Assistant City Manager O'Grady
Receipt of Gift - Sectional Map of Southern California
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 fi[ed 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.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2
Approval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of May 28, 2002.
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3
4
Resolution Approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
Contract Inspection Services for Buildinq and Safety
RECOMMENDATION:
4.1 Approve an agreement for Consultant Services with P & D Consultants in an
amount not to exceed $112,666.00, to provide supplemental building inspection
services to the Building and Safety Department.
Fourth Amendment to Aqreement for Law Enforcement Services
RECOMMENDATION:
5.1 Approve the fourth amendment to the agreement for Law Enforcement Services
between the County of Riverside and the City of Temecula to include the hiring of
five sworn officers.
Authorize Temporary Street Closure of Pauba Road between Marqarita Road and Ynez
Road for the July 4, 2002, Fireworks Show and delegate authority to issue Special
Events/Street Closures Permit to Director of Public Works/City Engineer
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ
ROAD FOR THE JULY 4, 2002, FIREWORDS SHOW AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
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7 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road and
Second Street; Main Street from the bridqe to Old Town Front Street; Second Street;
Third Street; Fourth Street; Fifth Street; and Sixth Street for the Star Spangled Fourth of
July Parade and delegate authority to issue Special Events/Street Closures Permit to
Director of Public Works/City Engineer
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD
AND SECOND STREET; MAIN STREET FROM THE BRIDGE
TO OLD TOWN FRONT STREET; SECOND STREET; THIRD
STREET; FOURTH STREET; FIFTH STREET; AND SIXTH
STREET FOR THE STAR SPANGLED FOURTH OF JULY
PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS
PERMIT INCLUDING STREET CLOSURES
Tract Map No. 29928-1 - Harveston Erosion Control Agreement and Bond (located south
of Margarita Road, west of Harveston School Road, and north of Harveston Drive and
Ysabel Barnett Elementary School)
RECOMMENDATION:
8.1 Accept the Erosion Control Agreement for Tract Map No. 29928-1 and the Erosion
Control Bond collected to secure erosion control improvements.
Tract Map No. 29929-1 - Harveston Erosion Control Agreement and Bond (located north
of the proposed lake, west of Village Road, east of Harveston Drive, and south Ysabel
Barnett Elementary School)
RECOMMENDATION:
9.1 Accept the Erosion Control Agreement for Tract Map No. 29929-1 and the Erosion
Control Bond collected to secure erosion control improvements.
10
Substitute Aqreements and Bonds for Public Improvements in Tract Map No. 23143-7
(located east of Butterfield Staqe Road and Crowne Hill Drive, south of Pauba Road, and
north of Old Kent Road)
RECOMMENDATION:
10.1 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful
Performance and Labor and Materials Bonds as security for improvements and
labor and materials for Tract Map No. 23143-7;
10.2 Accept the Substitute Monument Agreement and Subdivision Monument Bond as
security for monumentation for Tract Map No. 23143-7;
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10.3 Acknowledge that original bonds collected by the original subdivider will be released
once transfer of title ownership to the new subdivider is completed;
10.4 Direct the City Clerk to so advise the developer and surety.
Substitute Aqreements and Bonds for Public Improvements in Tract Map No. 23143-9
(located east of Butterfield Sta,qe Road, south of Royal Crest Place, and west of Crowne
Hill Drivel
RECOMMENDATION:
11.1
Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful
Performance and Labor and Materials Bonds as security for improvements and
labor and materials for Tract Map No. 23143-9;
11.2 Accept the Substitute Monument Agreement and Subdivision Monument Bond as
security for monumentation for Tract Map No. 23143-9;
11.3 Acknowledge that original bonds collected by the original subdivider will be released
once transfer of title ownership to the new subdivider is completed;
11.4 Direct the City Clerk to so advise the developer and surety.
12 Public Works Fiscal Year 2002-2003 Annual Maintenance Aqreements
RECOMMENDATION:
12.1 Approve the minor annual maintenance and construction contracts for Fiscal Year
2002-2003 with:
1. Becker Engineering in an amount not to exceed $100,000.00
2. Imperial Paving Company, Inc. in an amount not to exceed $100,000.00
3. Minnesang Pest Specialists in an amount not to exceed $100,000.00
4. Monteleone Contractors, Inc. in an amount not to exceed $100,000.00
5. Murrieta Development Co. in an amount not to exceed $100,000.00
6. NPG, Inc. (Nelson Paving & Sealing) in an amount not to exceed $100,000.00
7. Pacific West Construction in an amount not to exceed $100,000.00
8. Rene's Commercial Management in an amount not to exceed $100,000.00
9. Torah Development & Construction in an amount not to exceed $100,000.00
13
Award the Construction Contract for Project No. PW02-03 - Pavement Rehabilitation
Program - Rancho California Road
RECOMMENDATION:
13.1 Award a construction contract for Project No. PW02-03 - Pavement Rehabilitation
Program - Rancho California Road to R.J. Noble Company in the amount of
593,194.85 and authorize the Mayor to execute the contract;
13.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $59,319.49 which is equal to 10% of the contract amount.
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14 Completion and Acceptance for Citywide Asphalt Concrete Repairs for FY2000-2001 -
Proiect No. PW01-01
RECOMMENDATION:
14.1 Accept the Citywide Asphalt Concrete Repairs for FY2000-2001 - Project No.
PW01-01- as complete;
14.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
14.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
15 Resolution of Support for the creation of a Federal Cabinet level agency to oversee
Homeland Security
(Placed on the agenda at the request of Councilman Comerchero)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE CREATION OF A CABINET
LEVEL AGENCY TO OVERSEE HOMELAND SECURITY
16 Lease Agreement with County of Riverside for properly at Redhawk Parkway and
Overland Trail (Interim Fire Station No. 92)
RECOMMENDATION:
16.1 Approve the lease agreement.
17 City Attorney Services Contract Amendment No. 3
RECOMMENDATION:
17.1 Approve Amendment No. 3 to the agreement with Richards, Watson, and Gershon,
Attorneys at Law, to increase the hourly rates for City Attorney services provided.
18 First Amendment to the Facility Alarm Systems Service and Monitorinq Agreement with
Computer Alert Systems for FY 2002-03
RECOMMENDATION:
18.1 Approve the first amendment to the Facility Alarm Systems Service and Monitoring
Agreement with Computer Alert Systems, Inc. to extend the term of the agreement
to June 30, 2003;
18.2 Authorize the expenditure of funds in the amount of $25,000.00 for alarm monitoring
and repair services;
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18.3 Approve a 10% contingency in the amount of $2,500.00.
Fire/EMS Protection A,qreement for Fiscal Year 2002-03
RECOMMENDATION:
19.1 Approve the three-year contract for Fire/EMS protection including Exhibit A for the
cost of services for Fiscal Year 2002-03.
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 2002-01
Resolution: No. CSD 2002-07
CALL TO ORDER:
President Jeff Stone
ROLL CALL:
DIRECTORS:
Comercherol Naggar, Pratt, Roberts, Stone
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
Tract Map No. 23209 - Service Level B, Service Level C, and Service Level D Rates
and Char.qes
RECOMMENDATION:
1.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 02-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH
RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND
SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP
NO. 23209 BEGINNING FISCAL YEAR 2003-2004 AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN
CONNECTION THEREWITH
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2 Authorize the expenditure of funds for the Landscape Maintenance Contract with
Excel Landscape, Inc. for FY 2002-2003
RECOMMENDATION:
2.1
Authorize the expenditure of funds in the amount of $1,110,440.00 for the
base contract and an additional amount not to exceed $120,000.00 for the
supplemental and new areas that may be brought on line during the term of the
contract;
2.2
Approve a contingency of 10% in the amount of $123,044.00 for extra work
items.
Third Amendment to the Tree Maintenance Services Contract with West Coast
Arborists, Inc.
RECOMMENDATION:
3.1
3.2
Approve the third amendment for the extension of the Tree Maintenance
Services Contract with West Coast Arborists, Inc. through June 30, 2003
in an amount of $75,000.00;
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $7,500.00 which is equal to 10% of the contract amount.
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 9, 2002, 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 2002-01
Resolution: No. RDA 2002-09
CALL TO ORDER: Chairperson JeffComerchero
ROLLCALL
AGENCY MEMBERS: Naggar, Pratt, Stone, Roberts, 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 Exclusive Negotiatin,q A,qreement with AGK Group, LLC
RECOMMENDATION:
1.1
Approve an Exclusive Negotiating Agreement between the Agency and
AGK Group, LLC.
DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS'REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 9, 2002, City Council Chambers, 43200 Business Park Drive,
Temecula, California.
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public Hearing or
may appear and be heard in support of or in opposition to the Approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
2O
Appeal of Mitiqated Neqative Declaration, Tentative Parcel Map, and Development Plan
for Temecula Creek Villages on Hi.qhwa¥ 79 South (Planninq Application Nos. 01-0610 &
01-0611)
RECOMMENDATION:
20.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION, AND APPROVING PLANNING APPLICATION
01-0610, A 14-LOT TENTATIVE PARCEL MAP AND 01-
0611, A DEVELOPMENT PLAN FOR THE DESIGN,
CONSTRUCTION AND OPERATION OF A 400-UNIT MULTI-
FAMILY RESIDENTIAL APARTMENT COMPLEX; 108,100
SQUARE FEET OF RETAIL/OFFICE USES; AND A 15,000
SQUARE-FOOT CHILD CARE CENTER, GENERALLY
LOCATED ON THE SOUTH SIDE OF HIGHWAY 79 SOUTH,
BETWEEN JEDEDIAH SMITH ROAD AND AVENIDA DE
MISSIONES, KNOWN AS ASSESSOR PARCEL NUMBER 961-
010-006, AND DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DECISION
21
Villa~les of Temecula - General Plan Amendment (PA00-0138); Change of Zone (PA00-
0139); Development Plan (PA00-0140); Tentative Parcel Map (PA00-0152)
RECOMMENDATION:
21.1 Continue this public hearing to either the July 23, or August 13, 2002, City Council
meeting.
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COUNCIL BUSINESS
22 Pala Road Name Chanqe
RECOMMENDATION:
22.1 Approve a name change for Pala Road to either Pechanga Road or Pechanga
Parkway;
22.2 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE STREET NAME OF PALA ROAD
TO PECHANGA ROAD
OR
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE STREET NAME OF PALA ROAD
TO PECHANGA PARKWAY
23 Consideration of Sponsorship Request for The Great Tractor Race
RECOMMENDATION:
23.1 Consider the sponsorship request for The Great Tractor Race.
24 Planninq Commission Appointment
RECOMMENDATION:
24.1 Appoint one applicant to serve on the Planning Commission for a full three-year
term through June 4, 2005.
25 Con,qestion Mana~qemen! Program Update
(Placed on the agenda by Councilman Pratt)
RECOMMENDATION:
25.1 Discuss the matter and receive and file.
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26 CalPERS Contract Amendment - Fourth Level of 1959 Survivor Benefits
RECOMMENDATION:
26.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF TEMECULA TO APPROVE AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF
TEMECULA
26.2 Introduce and read by title only:
ORDINANCE NO, 02-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO APPROVE AN AMENDMENT TO CONTRACT
BETVVEEN THE BOARD OF ADMINISTRATION CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL CITY OF TEMECULA
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CiTY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, July 9, 2002, at 7:00 P.M., City Council Chambers,
43200 Business Park Drive, Temecula, California.
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ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
MAY 28, 2002
After the Closed Session that convened at 5:30 P.M., the City Council convened in Open
Session at 7:00 P.M., on Tuesday, May 28, 2002, in the City Council Chambers of Temecula
City Hall, 43200 Business Park Drive, Temecula, California.
Present:
Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts
Absent:
PRELUDE MUSIC
Councilmember: None
The prelude music was provided by Eve Craig.
INVOCATION
The invocation was given by Father Sean Cox of St. Thomas Episcopal.
ALLEGIANCE
The flag ceremony was presented by Cub Scout Troop No. 324.
PRESENTATIONS/PROCLAMATIONS
Gift Givin~q Campaign Recognition
Thanking the City for its continued support, Ms. Karl Hollis, representing United Way,
recognized the City and its employees on its achievement and presented to the Mayor the 2001
Outstanding Municipality Campaign Award and presented the 2001 Outstanding Campaign
Coordinator Award to Recreation Supervisor Lawrence.
Accepting the award, Recreation Supervisor Lawrence commended and recognized the City's
Gift Giving Campaign team members, as follows:
Jill Dickey
Nadra Miles
Lorene Rosa
Kathy Simpkins
Julie Tidwell
Susan Williams
Clean Air Month Proclamation
Mr. Denny Zane of the American Lung Association of California accepted the proclamation and
commented on the monumental task and the progress made to achieve clean in Southern
California.
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PUBLIC COMMENTS
A. Commenting on his services to provide transportation from the City of Temecula to
downtown San Diego, Mr. Kevin Fonseca, 1061 South 41s~ Street, San Diego, representing
Friendship Transportation Services, relayed his desire to meet with the City Council to discuss
alternative transportation and park and ride facilities.
B. Wanting to discuss with the City Council a state-of-the-art child care center as well as a
riding academy, Mr. Andrew Hernandez, 28187 Tierra Vista Road, President of Kidz World
Corporation, was encouraged by the City Council to set up an appointment to discuss his
desires.
C. Speaking as a private citizen, Mr. Henry Miller, 29240 Stonewood Drive, No. 47,
apprised the City Councilmembers of a City history project, part of the third grade curriculum,
and requested that a $100 savings bond be presented, by the City Council, to the third grader
that produces the best City History Report.
D. In response to Mr. Miller's request to award a $100 savings bond to the third grader, Ms.
Joan Sparkman, 40213 Colony Drive, advised that Temecula Valley Bank would be willing to
assist.
In light of the historical presence of the Pechanga Band of Luiseno Indians in this
community and the Indians' community service, generous contributions to road improvements,
and involvement in this community, Ms. Sparkman proposed to the City Council that the current
name of Pala Road be changed to Pechanga Road. She as well suggested that SR 79 South
be changed to Temecula Parkway.
In closing, Ms. Sparkman proudly advised that Mr. Brandon Boyce, a former Temecula
student, will be graduating from West Pointe University and has chosen Naval Aviation as his
career.
In response to Ms. Sparkman's request, Mayor Pro Tern Stone, echoed by Councilman
Comerchero, requested that staff explore the matter with Caltrans and that the matter be
agendized for the June 25, 2002, City Council meeting.
E. Mr. Jimmy Moore, 43557 Savona Street, thanked the City Council, staff, and citizens for
their efforts associated with making the Mayor's Ball a successful fundraising evening.
Mr. Moore as well apprised the City Council and public of the Arts in the Country
Program, Festival for 2002, and the many upcoming events.
F. Ms. Debra Wise, 43483 Tylman Road, representing Inland Gold Aquatics Team, relayed
the team's dismay with the summer aquatics schedule as it relates to the use of pools.
Mayor Pro Tem Stone requested that the aquatics schedule and the allocation of time be
agendized for City Council review.
G. Mr. Stuart Clark, P.O. Box 2449, Temecula, representing Inland Gold Aquatics Team, as
well relayed his dismay with the aquatics schedule.
H. Mr. Scott Phillips, representing Inland Gold Aquatics Team, 39715 Highbury Road,
Murrieta, questioned whether there may be sexual discrimination, as it relates to the aquatics
schedule, because the coach for Inland Gold Aquatics Team is a female and the coach for the
Temecula Swim Team is a male.
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I. Ms. Sheri Davis, 39712 Barberry Road, representing Inland Gold Aquatics Team, as well
relayed her opposition with the aquatics schedule and noted that two of the team's swimmers
are national swimmers and that they require more swim time.
In response to Ms. Davis, City Manager Nelson stated that the matter will be forwarded
to the Community Services Commission and the City Council for review but clarified that the
City's aquatics schedule would be based on the interest of all children in this community, not
solely on that of two national swimmers.
CITY COUNCIL REPORTS
A. Having attended a recent event at the Community Recreation Center amphitheater,
Councilman Naggar invited the public to an upcoming ballet at the amphitheater on June 7, 2002,
and extended his appreciation to the Arts Council in their effor[s to provide entertainment
throughout the summer months.
B. Having recently toured the newly constructed Pechanga Casino, Councilman Pratt
commended the Pechanga Band on a job well done.
Councilman Pratt applauded those individuals that organized the Memorial Day
Celebration.
In closing, Mr. Pratt informed the City Council that he has spent weeks in preparing his
comments for the CIP Budget Workshop, Wednesday, May 29, 2002, as it relates to
traffic/transportation issues.
C. Commenting on his recent trip to Leidschendam-Voorburg (Sister City), Councilman
Comerchero apprised the public of the overwhelming support to the United Stated and the City
of Temecula has received as a result of September 11, 2001. In remembrance of this event,
Mr. Comerchero advised that the City of Leidschendam-Voorburg raised monies in order to
commission an artist to create a sculpture. By way of pictures, Mr. Comerchero commented on
the almost completed sculpture called Singing in the Rain, advising that representatives from
the Sister City will officially present this sculpture to the City of Temecula at a ceremony on
September 11, 2002.
D. Viewing his invitation to the inauguration of the new Mayor of Leidschendam-Voorburg
as a privilege, Mayor Roberts further, by way of pictures, elaborated on the bronze sculpture.
E. Mayor Pro Tern Stone informed the public that the City of Temecula has three new
members in its community, noting that these three individuals have sought political asylum. Mr.
Stone noted that the individuals are professional musicians and have requested to provide a
free City concert on September 11, 2002.
Having recently visited Europe on City business as well as pleasure, Mr. Stone
commented on the comprehensive underground transportation system throughout many of the
European countries and requested that such an underground system be explored for the City in
an effort to address future transportation needs.
City Manager Nelson noted that Councilman Stone's request could be addressed at the
upcoming CIP Workshop.
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CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Approval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of April 9, 2002.
3 Resolution Approvin.q List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 02-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Community Facilities District No. 88-12 (Ynez Corridor) initiation of actions necessary to
foreclose delinquent Special Tax Liens
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 02-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING ACTION TO TRANSMIT TO THE
COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO
CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR
UPON THE TAX ROLL AND TO RELIEVE THE TAX
COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY
FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW;
ORDERING ACTIONS TO FORECLOSE THE DELINQUENT
SPECIAL TAX LIENS; AND ORDERING THE RECORDATION
OF A NOTICE OF INTENT TO REMOVE DELINQUENT
SPECIAL TAX INSTALLMENTS FROM THE TAX ROLLS
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5 Contract Inspection Services for Buildinq and Safety
RECOMMENDATION:
5.1 Approve a First Amendment to an Agreement for Consultant Services with P & D
Consultants in an amount not to exceed $51,600.00 to provide supplemental
building inspection services to the Building and Safety Department.
6 Resolution adopting FY 2002~2003 Solid Waste Rates
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 02-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SOLID WASTE RATES FOR
FISCAL YEAR 2002-2003
(It was noted by Mayor Roberts that for the third year in a row, the
solid waste rates were not increased.)
7 Memorandum of Understanding
RECOMMENDATION:
7.1 Approve the Memorandum of Understanding (MO.U.) between the City and the
represented employees of Teamsters Local 911.
(Councilman Comerchero abstained with regard to this item.)
8 Mana!qement Compensation Plan - Auto Allowance Resolution
RECOMMENDATION:
8.1 Approve the Management Compensation Plan, effective July 1,2002;
8.2 Adopt a resolution entitled:
RESOLUTION NO. 02-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMEOULA INCREASING THE MONTHLY AUTOMOBILE
ALLOWANCE OF MEMBERS OF THE CITY COUNCIL
(Councilman Comerchero abstained with regard to this item.)
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9 Tract Map No, 23209 (located west of Butterfield Staqe Road at La Serena Way)
RECOMMENDATION:
9.1 Approve Tract Map No. 23209 in conformance with the Conditions of Approval;
9.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bond as security for the agreement;
9.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
(Councilman Pratt abstained with regard to this item.)
10 Award the Construction Contract for Proiect No. PW02-05 - FY2001-02 - Slurry Seal Project
RECOMMENDATION:
10.1 Award a construction contract for FY2001-2002 Slurry Seal Program to American
Asphalt South, Inc. in the amount of $343,269.12 and authorize the Mayor to
execute the contract;
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $34,326.91, which is equal to 10% of the contract amount.
11 Completion and Acceptance of Construction Contract for the Pala Road Brid¢]~
Environmental Mitiqation/Median & Parkway Landscapin~q - Proiect No. PW97-15
(Landscape)
RECOMMENDATION:
11.1 Accept the project, Pala Road Bridge Mitigation Restoration & Median Landscaping,
Project No. PW97-15LS, as complete;
11.2 File a Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract;
11.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
12 Solicitation of Construction Bids for Pavement Rehabilitation Proqram - Citywide, Project
No. PW02-03
RECOMMENDATION:
12.1 Approve the project plans and specifications and authorize the Department of Public
Works to solicit bids for the construction of the Pavement Rehabilitation Program -
Citywide, Project No. PW02-03
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13 HVAC Preventative Maintenance Service Contract for all City Facilities
RECOMMENDATION:
13.1 Award a twenty-five (25) month contract to EMCOR Service to provide heating,
ventilating, and air condition (HVAC) preventative maintenance and repair services,
commencing on June 1, 2002 and continuing through June 30, 2004;
13.2 Authorize the expenditure of funds in the amount of $100,000.00 for preventative
maintenance, repair and supplemental services;
13.3 Approve 10% contingency in the amount of $10,000.00
14 Harveston Proiect - Approval of Consent to Assi,qnment of Lennar Homes, Inc., interest in
the Harveston Project Development A,qreement approved on August 28, 2001 to a ioint
venture consistinq of Lennar Homes of California, Inc. and Lehman Brothers Real Estate.
Partners, L.P.
RECOMMENDATION:
14.1 Approve the Consent to Assignment in the form as recommended by the City
Attorney.
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 14. The
motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the
exception of Councilman Comerchero who abstained, with regard to Item Nos. 7 and 8 and
Councilman Pratt who abstained with regard to Item No. 9.
At 8:03 P M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. The City Council Meeting resumed at 8:05 P.M.
COUNCIL BUSINESS
15 Old Town Local Review Board Appointments
RECOMMENDATION:
15.1 Appoint three applicants to serve full three-year terms on the Old Town Local
Review Board.
(Mayor Pro Tem Stone abstained with regard to this item.)
Having reviewed the submitted applications, Councilman Pratt relayed his recommendation to
nominate Mr. Carl Ross to the Board.
Mayor Roberts reiterated and clarified his recommendation to reappoint Mr. Walt Allen, appoint
Mrs. Peg Moore, and reappoint Mr. Fred Perkins (alternate).
MOTION: Councilman Naggar moved to reappoint Mr. Walt Aflen. The motion was seconded
by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro
Tern Stone who abstained.
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MOTION: Councilman Naggar moved to reappoint Mr. Fred Perkins as the Board alternate.
The motion was seconded by Councilman Comerchero and voice vote reflected approval with
the exception of Mayor Pro Tem Stone who abstained.
Having helped with the formulation of the Old Town Specific Plan, Councilman Comerchero
offered the following motion:
MOTION: Councilman Comerchero moved to appoint Mrs. Peg Moore. The motion was
seconded by Councilman Naggar and voice vote reflected approval with the exception of
Councilman Pratt and Mayor Pro Tern Stone who abstained.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
City Manager Nelson advised that the potentially affected property owners and associated
Homeowners Association would be noticed of the proposal to change the name of Pala Road
will be considered at the June 25, 2002, City Council meeting.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that under the Brown Act, there were no reportable actions to
report.
ADJOURNMENT
At 8:08 P.M., the City Council meeting was formally adjourned to Wednesday, May 29, 2002, at
7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for
the purpose of a Budget Workshop
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
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ITEM 3
RESOLUTION NO. 02-
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 $1,690,628.18.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 25th day of June, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos2002/Resos 02- 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 02- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 25th day of June, 2002 by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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CITY OF TEMECULA
LIST OF DEMANDS
06/06/02 TOTAL CHECK RUN:
06/13/02 TOTAL CHECK RUN:
06/06/02 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 06/25/02 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
165
190
192
193
194
210
28O
3OO
310
32O
33O
340
GENERAL FUND
RDA-LOW/MOD INCOME HOUSING
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
CAPITAL IMPROVEMENT PROJ. FUND
RDA-REDEVELOPMENT
iNSURANCE
VEHICLES
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
$ 537,406.98
26,330.29
212,075.53
38,138.18
61,209.95
457.30
329,188.92
156,383.89
1,948.77
538.75
50,350.76
10,361.91
19,013.19
$ 1,044,245.28
399,169.14
247,223.76
$ 1,690,628.18
$ 1,443,404.42
001
165
190
192
193
194
280
30O
32O
330
340
GENERAL FUND
RDA-LOW/MOD INCOME HOUSING
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
RDA-REDEVELOPMENT
INSURANCE
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
172,390.69
4,640.19
48,542.27
66.24
4,197.88
560.19
2,080.65
854.46
7,160.55
2,000.47
4,730.17
247,223.76
$ 1,690,628.18
HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
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ITEM 4
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINAN~E~
CITY MANAGER L/p
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Anthony Elmo-Director of Building and Safet~
June 25, 2002
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 one hundred twelve thousand six hundred
sixty six ($112,666) dollars, to provide supplemental building inspection services to the Building
and Safety Depadment.
DISCUSSION: The Building and Safety Department has utilized the services of P & D
Associates, for approximately three (3) years to provide building inspectors to supplement our
regular full time staff. The City Council recently approved the conversion of two (2) full time
temporary building inspector positions to full time regular status as part of Fiscal 2002-2003
Operating Budget. This proposed agreement would provide continued full time temporary
inspection staff through the estimated five (5) month recruitment period needed to fill the newly
converted positions.
FISCAL IMPACT: There are adequate funds budgeted in Fiscal 2002-2003 Operating Budget
in Account # 001-162-999-5118, "Temporary Help", for this purpose.
ATTACHMENTS: Agreement
V:\My Documents~p and D 2002-2003 Reportl.doc
CITY OFTEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of July 1, 2002, 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 1, 2002, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2003, 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 fodh 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, bompetently 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 One Hundred Twelve Thousand Six Hundred Sixty Six
($112,666) DOllars 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.
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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 flies.
-2-
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. PROHIBITED INTEREST. No member, officer, or employee of the City of
Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractodconsultant covenants and agrees to their knowledge that no board
member, office or employee of the City of Temecula has any interest, whether contractual, non-
contractural, financial, or otherwise, in this transaction, or in the business of the contracting party
other than the City of Temecula, and that if any such interest comes to the knowledge of either party
at any time, a full and complete disclosure of all such information will be made, in writing, to the
other party or parties, even if such interest would not be considered a conflict of interest under
Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division
4 of Title I of the Government Code of the State of California.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability 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
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 Retention,~ 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.
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 Coveraqe. 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.
r:bro¢ kmei~a ~qnt s~P&DO0
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees 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.
12. 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.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition1 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.
14.
NOTICES. Any notices which either party may desire to give
to the other party under this Agreement must be in writing
and may be given either by (I) personal service, (ii) delivery
by a reputable document delivery service, such as but not
limited to, Federal Express, that provides a receipt showing
date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at
any other address as that party may later designate by
Notice:
r:broc kmei~agmt s~P&DO0
To City:
City of Temecula
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
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City.
9. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
'17. GOVERNING LAW. The City and Consultant understand and agree 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.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. 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
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
r :brockmei~agmls~P& DO0
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
P & D Consultants
By.
Steven L. Patterson, Associate V.P.
r:broc km ei~ag~msLO&DO0
EXHIBIT A
TASKS TO BE PERFORMED
Perform combination building inspection on an as-needed basis.
r:brockme~ag~nt s~P&DO0
EXHIBIT B
PAYMENT SCHEDULE
For and in consideration of the Contractor's services, inspection services shall be provided at the
rate of $65.00 per hour, plus $.32 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.
r:brockmei~agmt s\P&DO0
ITEM 5
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE ~
CITY MANAGER ~')
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Roberts, Director of Finance ~
Jim Domenoe, Chief of Police
June 25, 2002
Fourth Amendment to Agreement for Law Enforcement Services
RECOMMENDATION: That the City Council approve the fourth amendment to the agreement
for law enforcement services between the County of Riverside and the City of Temecula to include
the hiring of five (5) sworn officers.
BACKGROUND: The City of Temecula has contracted with the County of Riverside
Sheriff's Department for law enforcement services since incorporation. On July 25, 2000, the City
Council approved the existing five-year contract for law enforcement services with the County of
Riverside. On November 14, 2000, the City Council approved the first amendment to the contract to
address field-training costs associated with the addition of new officers. On February 27, 2001, the
City Council approved the second amendment to the contract to provide for the addition of five patrol
officers as a result of the Vail Ranch annexation. On July 24, 2001, the City Council approved the
third amendment to the contract, which added one lieutenant, one motorcycle officer for the
Neighborhood Enforcement Team (NET), and one Community Service Officer.
Temecula Police Department staffing levels are driven by a target ratio of one sworn officer for every
one thousand residents. Department of Finance population information recently released indicated
that the current population of Temecula is 72,700. In an effort to maintain this ratio, the Police
Department proposes to add five new officer positions. It is expected that in addition to these
officers, an additional sergeant will be added to maintain the Department's recommended ratio of
supervision to line personnel. This addition of personnel will bring the total number of sworn officers
to 73 and will meet the target ratio of officers to population.
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.
Two motorcycle officers will be added to supplement the existing complement of six
motorcycle officers. Two of these motorcycle officers are dedicated to the Neighborhood
Enforcement Team (NET), which provides dedicated traffic enforcement to the many
neighborhoods in Temecula. The additional two motorcycle officers would enhance the
ability of the Police Department to respond to the many requests for service within the city.
The two additional patrol officers will be used to enhance our commitment to overall public
safety and will help maintain our target for response to priority one calls for service at six
minutes.
The Riverside County Sheriff's Department hosts a regional narcotics task force, known as
the Southwest Corridor Task Force. The task force includes officers from the Sheriffs
Department and the cities of Lake Elsinore and Perris. The Police Department proposes to
dedicate one officer to this task force. Currently, the task force is unable to provide
enforcement and investigation of narcotics related crimes committed in Temecula due to
federal funding rules regulating their operation. Inclusion of an officer on this task force
ensures that Temecula will receive proactive policing by the task force, which will curb
narcotics related crimes and activity within Temecula. This specialized service provided by
the task force is one that cannot be rendered by patrol or any existing special team.
FISCAL IMPACT: The projected cost of the five positions that will be added as a result of this
contract amendment is approximately $527,960 for FY 2002-03 at the estimated 2002-03 contract
rates. Adequate funds have been included in the FY 2002-03 operating budget to cover staffing and
other costs related to these positions.
ATTACHMENT: Fourth Amendment to Agreement for Law Enforcement Services between
County of Riverside and City of Temecula.
ORIGINAL
FOURTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT
SERVICES BETWEEN COUNTY OF RIVERSIDE AND
CITY OF TEMECULA
IT IS MUTUALLY AGREED that the Agreement for Law Enfomement Services between
the County of Riverside and the City of Temecula, approved by the Board of Supervisors on
December 19, 2000, for services effective July 1, 2000 through June 30, 2005, as amended
December 19, 2000, March 27, 2001 and August 14, 2001 is hereby amended in the following
respects only:
1. Attachment A is amended to read as follows:
ATTACHMENT A
CITY OF TEMECULA
LEVEL OF SERVICE
Average Patrol Services
141.5 supported hours per day. (Approximate equivalent of twenty-nine (29) Deputy
Sheriff positions @ 1,780 annual productive hours per position standard.)
Dedicated Positions
One (1) Sheriff's Lieutenant
Two (2) Sheriff's Sergeant positions
Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team
Six (6) Deputy Sheriff (fully supported) positions-Community Policing Team
Eleven (11) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team
One (1) Deputy Sheriff (fully supported) position-K-9 Deputy
One (1) Deputy Sheriff (fully supported) Southwest Corridor Task Force
Two (2) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round)
1
Eleven (11) Community Service Officer II positions
One (1) Community Service Officer I position
IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly
adopted by its City Council, has caused this Agreemem 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 Agreemem to be signed by the Chairman of said Board and sealed and attested by the Clerk
of said Board, all on the dates indicated below.
CITY OF TEMECULA
Dated: By:
ATTEST:
Name
Title
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Manager
COUNTY OF RIVERSIDE
Dated:
ATTEST:
By:
Chairman, Board of Supervisors
Gerald A. Maloney
Clerk of the Board
By:.
Deputy
2
JUN 1 8 ZOOZ
ITEM 6
APPROVAL ~'"~,/, .~.-"~
CITY ATTORNEY ~
DIRECTOR OF FINANCE
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
/~.~ William G. Hughes, Director of Public Works/City Engineer
June 25, 2002
Authorize Temporary Street Closure of Pauba Road between Margarita Road
and Ynez Road for the "July 4th, 2002 Fireworks Show" and Delegate
Authority to Issue Special Events/Street Closures Permit to Director of Public
Works/City Engineer.
PREPARED BY: ¢¢ Ronald J. Parks, Deputy Director of Public Works
(~'~ Clement M. Jimenez, Associate Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECU LA, AUTHORIZING TEMPORARY STREET CLOSURE OF
PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD
FOR THE "JULY 4TM 2002, FIREWORKS SHOW", AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
BACKGROUND: The Annual City-sponsored "July 4th 2002 Fireworks Show"
necessitates temporary street closures to protect the participants and facilitate this event. The
subject special event requires the closure of a portion of a major City highway and the streets
abutting this highway for a period of 11:00 AM until 11:00 PM on July 4, 2002.
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 podion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the
closing is necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public rights-of-way.
This resolution set forth processes for staff reviewing applications, denying approval or approving
subiect to conditions including events requiring changes in normal traffic patterns, and an appeal
1
r:~agdrpt~002~625\4 of July 2002 fireworks.street closure
process to the City Manager. However the resolution did not delegate authority to temporarily close
streets for these special events.
The subject resolution delegates the authority to approve temporary street closures for the specific
event, the Temecula Community Services Department sponsored "July 4th 2002 Fireworks Show" to
the Director of Public Works/City Engineer. All other special events requiring temporary street
closures, construction-related closures, etc, shall remain subject to the approval of the City Council
subject to rules and regulations established by the City Council. These rules and regulations shall
also be adopted by resolution in accordance with California Vehicular Code Section 21101.
Some partial closures, such as limiting lane widths for construction purposes or partial closures for
block parties on cul-de-sac streets only do not require full street closures. These and similar partial
street closures or restrictions are not submitted for similar resolutions in order to reduce or eliminate
the administrative impact on City Council and staff time.
FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of
necessary warning and advisory devices by the Temecula Community Services Department and the
City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS:
1. Resolution No. 2002-
2. Location Map
2
r:~agd rpt~2002~O625~A of July 2002 fireworks.street closure
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD
FOR THE "JULY 4TM 2002 FIREWORKS SHOW", AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, 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 sponsors the annual "July 4th 2002 Fireworks Show", for
which such temporary street closures promote the safety and protection of persons using or
proposing to use that street or streets for the special event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close public streets for this annual "July 4th 2002 Fireworks Show" on July 4~h, 2002; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City
Engineer to approve temporary street closures for annual "July 4th 2002 Fireworks Show", and to
establish the general rule that all other proposed temporary street closures shall be reviewed and
approved subject to conditions, or disapproved, by the City Council; and
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the Director of Public Works/City Engineer to permit temporary street closures for the
annual "July 4~h 2002 Fireworks Show" on July 4, 2002, and affirms the general rule that all other
temporary public street closures shall be approved or denied approval by the City Council.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 25th day of June, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
3
r:~agdrpt~002\0625'¢? of July 2002 fireworks.street closure
[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. 2002- was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 25th day of June, 2002, by the following vote:
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
r:~gdrpt~002\0625~t~ of July 2002 fireworks.street closure
ITEM 7
APPROVAL ~.~
CITY ATTORNEY
DIRECTOR OF FINANCE ~:~
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
~,~William G. Hughes, Director of Public Works/City Engineer
June 25, 2002
Authorize Temporary Street Closure of Old Town Front Street between
Moreno Road and 2"d Street; Main Street from the Bridge to Old Town ,F, ront
Street; 2nd Street; 3rd Street; 4~h Street, 5th Street, and 6th Street for the Star
Spangled 4th of July Parade" and Delegate Authority to Issue Special
Events/Street Closures Permit to Director of Public Works/City Engineer.
PREPARED BY: ~/~_ Ronald J. Parks, Deputy Director of Public Works
(~Clement M. Jimenez, Associate Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND
2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN
FRONT STREET; 2ND STREET; 3RD STREET; 4TM STREET; 5TM
STREET; AND 6TM STREET FOR THE "STAR SPANGLED 4TM OF
JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
BACKGROUND: The Annual City-sponsored "Star Spangled 4t~ of July Parade"
necessitates temporary street closures to protect the participants and facilitate this event. The
subject special event requires the closure of entire and portions of streets in the Old Town area on
July 4, 2002 from approximately 8:00AM until 11:15 AM. The parade hours are from 10:00 AM to
approximately 11:15 AM. However, staging for the parade will begin at 8:00 AM. The approximate
hours of street closures are from 8:00 AM till 11:15 AM. The police department will determine the
exact hours of street closures. Aisc, no parking will be allowed on these subject streets from 5:00
AM till 12:00 noon.
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
1
r:~agdrpt~002\0625~star spangled 4"' of july, 2002 parade.street closures
closing is necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public rights-of-way.
This resolution set forth processes for staff reviewing applications, denying approval or approving
subject to conditions including events requiring changes in normal traffic patterns, and an appeal
process to the City Manager. However the resolution did not delegate authority to temporarily close
streets for these special events.
The subject resolution delegates the authority to approve temporary street closures for the specific
event, the Temecula Community Services Department sponsored "Star Spangled 4th of July Parade"
to the Director of Public Works/City Engineer. All other special events requiring temporary street
closures, construction-related closu res, etc, shall remain subject to the approval of the City Council
subject to rules and regulations established by the City Council. These rules and regulations shall
also be adopted by resolution in accordance with California Vehicular Code Section 21101.
Some partial closures, such as limiting lane widths for construction purposes or partial closures for
block parties on cul-de-sac streets only do not require full street closures. These and similar partial
street closures or restrictions are not submitted for similar resolutions in order to reduce or eliminate
the administrative impact on City Council and staff time.
FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of
necessary warning and advisory devices by the Temecula Community Services Department and the
City Maintenance Division are included in budgetary items.
ATrACHMENTS:
1. Resolution No. 2002-
2. Location Map
2
r:'agdrpt~002\0625~star spangled 4"' of july, 2002 parade.street closures
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND
2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN
FRONT STREET; 2ND STREET; 3RD STREET; 4TM STREET; 5TM
STREET; AND 6TM STREET FOR THE "STAR SPANGLED 4TM OF
JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, 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 sponsors the annual "Star Spangled 4th of July Parade",
for which such temporary street closures promote the safety and protection of persons using or
proposing to use that street or streets for the special event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close public streets for this annual "Star Spangled 4th of July Parade; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City
Engineer to approve temporary street closures for the annual "Star Spangled 4th of July Parade",
and to establish the general rule that all other proposed temporary street closures shall be reviewed
and approved subject to conditions, or disapproved, by the City Council; and
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the Director of Public Works/City Engineer to permit temporary street closures for the
annual "Star Spangled 4~ of July Parade" on July 4, 2002, and affirms the general rule that all other
temporary public street closures shall be approved or denied approval by the City Council.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 25th day of June, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
3
r:~agdrpt~002\0625~star spangled 4"' of july, 2002 parade.street closures
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
~, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2002- was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 25th day of June, 2002, by the following vote:
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
r:~agdrpt~OO2\O625~star spangled 4a of july, 2002 parade.street closures
i ,
>
ITEM 8
APPROVAL
CiTY ATTORNEY ~
DIRECTOR OF FINANCE ~_~_~[~
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
~.///~illiam G. Hughes, Director of Public Works/City Engineer
June 25,2002
Tract Map No. 29928-1, Harveston Erosion Control Agreement and Bond
located south of Margarita Road, west of Harveston School Road, and north
of Harveston Drive and Ysabel Barnett Elementary School
PREPARED BY: {/~¢Ronald J. Parks, Deputy Director of Public Works (~Clement M. Jimenez, Associate Engineer
RECOMMENDATION: That the City Council ACCEPT the Erosion Control Agreement for
Tract Map No. 29928-1 and the Erosion Control Bond collected to secure erosion control
improvements.
BACKGROUND: The mass grading plans for Tract Map No. 29928-1 have been
approved, a grading permit issued, and grading is underway. Erosion Control is required as part of
the grading operation. Per Condition No. 44 of the approved Conditions of Approval, the developer
for Tract Map No. 29928-1, is responsible for posting security and entering into an agreement
guaranteeing the grading and erosion control improvements. An Erosion Control Bond was posted
by The American Insurance Company as follows:
Erosion Control Bond No. 111 2750 7884 in the amount of $29,500 as security for grading and
erosion control improvements.
FISCAL IMPACT: None
ATrACHMENTS:
1. Vicinity Map
2. Agreements and Bonds (On File)
1
r:~gdrpt~O02\0625\trn29928-1 .erosionbond&agmt
ITEM 9
TO:
FROM:
DATE:
SUBJECT:
APPROVAL F///,.,¢-~ II
CITY ATTORNEY ~ II
DIRECTOR OF FINANC£__/¢~--'~-
CITY MANAGER ~ Il
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
William G. Hughes, Director of Public Works/City Engineer
June 25,2002
Tract Map No. 29929-1, Harveston Erosion Control Agreement and Bond
located north of the proposed lake, west of Village Road, east of Harveston
Drive, and south of Ysabel Barnett Elementary School
PREPARED BY: jV~Ronald J. Parks, Deputy Director of Public Works ~lement M. Jimenez, Associate Engineer
RECOMMENDATION: That the City Council ACCEPT the Erosion Control Agreement for
Tract Map No. 29929-1 and the Erosion Control Bond collected to secure erosion control
improvements.
BACKGROUND: The mass grading plans for Tract Map No. 29929-1 have been
approved, a grading permit issued, and grading is underway. Erosion Control is required as part of
the grading operation. Per Condition No. 43 of the approved Conditions of Approval, the developer
for Tract Map No. 29929-1, is responsible for posting security and entering into an agreement
guaranteeing the grading and erosion control improvements. An Erosion Control Bond was posted
by The American Insurance Company as follows:
Erosion Control Bond No. 111 2750 7876 in the amount of $13,000 as security for grading and
erosion control improvements.
FISCAL IMPACT: None
ATTACHMENTS:
1. Vicinity Map
2. Agreements and Bonds (On File)
1
r:~agdrpt~002\0625\trn29929-1 .erosionbond&agmt
DATE STREET
DATE STREET
44
m
BAY
COURT'--
ITEM 10
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
ClTY OFTEMECULA
AGENDA REPORT
.City Manager/City Council
,'~-'J(William G. Hughes, Director of Public Works/City Engineer
June 25, 2002
Substitute Agreements and Bonds for Public Improvements in Tract Map
No. 23143-7 (East of Buttedield Stage Road and Crowne Hill Drive, South
of Pauba Road, and North of Old Kent Road)
PREPARED BY: ¢t/f/Ronald J. Parks, Deputy Director of Public Works
O-.~Clement M. Jimenez, Associate Engineer
RECOMMENDATION: That the City Council:
ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful
Performance and Labor and Materials Bonds as security for improvements and labor
and materials for Tract Map 23143-7.
ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond
as security for monumentation for Tract Map 23143-7.
ACKNOWLEDGE that original bonds collected by the original subdivider will be released
once transfer of title ownership to the new subdivider is complete.
4. DIRECT the City Clerk to so advise the developer and surety.
BACKGROUND: On August 14, 2001, the City Council approved Tract Map No.
23143-7, and entered into Subdivision Improvement Agreements with:
Crowne Meadows, LP
c/o Communities Southwest
181 Old Springs Road
Anaheim, CA 92808
for the purpose of securing the improvements and monumentation within Tract Map 23143-7.
Accompanying the agreements were the following bonds posted by American Motorists
Insurance Company:
Bond No. 3SM96425300 in the amount of $1,140,000 as security for subdivision
improvements.
Bond No. 3SM96425300 in the amount of $570,000 as security for labor and materials.
1
R:~agdrpt~2002\O625\tm 23143-7.sub bond & agmt
Bond No. 3SM96425400 in the amount of $34,375 as security for subdivision
monumentation.
The original subdivider, Crowne Meadows, LP, has decided to sell the land within Tract Map
23143-7 to KB Home Coastal, Inc. Therefore, KB Home Coastal, Inc. has elected to submit
substitute bonds and agreements that will replace the ones on file from the original subdivider
as follows:
KB Home Coastal Inc.
12235 El Camino Real, Suite 100
San Diego, CA 92130
Attn: Lisa Gordon
Accompanying the agreements were the following bonds posted by American Casualty
Company of Reading, Pennsylvania:
Bond No. 929 232 821 in the amount of $1,140,000 as security for subdivision
improvements.
Bond No. 929 232 821 in the amount of $570,000 as security for labor and materials.
Bond No. 929 232 822 in the amount of $34,375 as security for subdivision
monumentation.
The sale is in process and Crowne Meadows, LP is the current owner. The release of the
original bonds posted by Crowne Meadows, LP will follow with a separate staff report once the
sale is complete and KB Home Coastal, Inc. submits proof of ownership.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Vicinity Map
2
R:\agdrpt~002\0625\tm 23143-7.sub bond & agmt
TRACT NO. 25145-7
~ROJECT SITE
TO SAN DIEO0
VICINITY MAP
NOT TO SCALE
ITEM 11
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
APPROVAL
CItYattORNEY ~--~I
DiReCtOR OF fiNanCe
CITYMANAGER ~")~ I
~.,~William G. Hughes, Director of Public Works/City Engineer
June 25, 2002
Substitute Agreements and Bonds for Public Improvements in Tract Map
No. 23143-9 (East of Butterfield Stage Road, South of Royal Crest Place,
and West of Crowne Hill Drive)
PREPARED BY:~Ronald J. Parks, Deputy Director of Public Works
'~-~lement M. Jimenez, Associate Engineer
RECOMMENDATION: That the City Council:
ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful
Performance and Labor and Materials Bonds as security for improvements and labor
and materials for Tract Map 23143-9.
ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond
as security for monumentation for Tract Map 23143-9.
ACKNOWLEDGE that original bonds collected by the original subdivider will be released
once transfer of title ownership to the new subdivider is complete.
DIRECT the City Clerk to so advise the developer and surety.
BACKGROUND: On August 14, 2001, the City Council approved Tract Map No.
23143-9, and entered into Subdivision Improvement Agreements with:
Crowne Meadows, LP
c/o Communities Southwest
181 Old Springs Road
Anaheim, CA 92808
for the purpose of securing the improvements and monumentation within Tract Map 23143-9.
Accompanying the agreements were the following bonds posted by American Motorists
Insurance Company:
Bond No. 3SM96425700 in the amount of $1,550,500 as security for subdivision
improvements.
Bond No. 3SM96425700 in the amount of $775,250 as security for labor and materials.
1
R:\agdrpt~2002\0625\tm 23143-9.sub bond & agmt
Bond No. 3SM96425800 in the amount of $52,375 as security for subdivision
monumentation.
The original subdivider, Crowne Meadows, LP, has decided to sell the land within Tract Map
23143-9 to KB Home Coastal, Inc. Therefore, KB Home Coastal, Inc. has elected to submit
substitute bonds and agreements that witl replace the ones on file from the original subdivider
as follows:
KB Home Coastal Inc.
12235 El Camino Real, Suite 100
San Diego, CA 92130
Attn: Lisa Gordon
Accompanying the agreements were the following bonds posted by American Casualty
Company of Reading, Pennsylvania:
Bond No. 929 232 823 in the amount of $1,550,500 as security for subdivision
improvements.
Bond No. 929 232 823 in the amount of $775,250 as security for labor and materials.
Bond No. 929 232 824 in the amount of $52,375 as security for subdivision
monumentation.
The sale is in process and Crowne Meadows, LP is the current owner. The release of the
original bonds posted by Crowne Meadows, LP will follow with a separate staff report once the
sale is complete and KB Home Coastal, Inc. submits proof of ownership.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Vicinity Map
2
R:~agdrpt~2002\0625\tm 23143-9.sub bond & agmt
TRACT NO. 2,314,3-9
TO SAN DIEGO
SITE
VICINITY MAP
NOT TO SCALE
ITEM 12
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
,'~illiam G. Hughes, Director of Public Works
June 25,2002
Public Works Fiscal Year 2002-2003 Annual Maintenance Agreements
PREPARED BY: Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION: That the City Council approve the minor annual maintenance and
construction contracts for Fiscal Year 2002-2003 with:
2.
3.
4.
5.
6.
7.
8.
9.
Becker Engineering in an amount not to exceed $100,000.00
Imperial Paving Company, Inc., in an amount not to exceed $100,000.00
Minnesang Pest Specialists, in an amount not to exceed $100,000.00
Monteleone Contractors, Inc., in an amount not to exceed $100,000.00
Murrieta Development Co., in an amount not to exceed $100,000.00
NPG, Inc. (Nelson Paving & Sealing), in an amount not to exceed $100,000.00
Pacific West Construction, in an amount not to exceed $100,000.00
Rene's Commercial Management, in an amount not to exceed $100,000.00
Torah Development & Construction in an amount not to exceed $100,000.00
BACKGROUND: Each year the City enters into numerous maintenance and construction
agreements with various contractors that perform minor (small job) maintenance and construction jobs.
These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to
drainage areas, sidewalks, curbs, cutters, and storm drains to include excavation. Nevertheless, each
job requires an agreement between the City and the contractor. In an effort to streamline these
contractual requirements, staff has taken measures to place under agreement nine (9) contractors that
are very capable of performing these routine jobs with little notice. Essentially, these agreements will
give staff administrative tools needed to efficiently execute minor maintenance and construction work by
having executed agreements which satisfy insurance, prevailing wage requirements, terms and
conditions as well as a general scope of work. This contracting technique is widely used by cities to
employ a higher more responsive maintenance capability. Aisc, in the event of harsh weather that can
impinge the safety of the City roadways, and other City maintained areas, these agreements can
facilitate an expedient reaction and resolution to advise conditions without jeopardizing administrative
requirements. It is important to understand that the not to exceed $100,000.00 amount does not
necessarily mean.it will be spent but rather is a ceiling to operate below on an as needed basis.
1
r:~agdrpf~?.002\0625V~nnua102-03 Maint Agreements.AGN/ajp
Although some jobs may be better accomplished by one contractor because of equipment availability,
timing issues and job location, every effort will be made by staff to distribute the work load evenly
between the three contractors. The contractor wil~ be responsible for providing a work proposal for each
job, which must be approved by staff before any work is staded.
Staff mailed letters to eleven (11) contractors in the local area that could meet the described minor
maintenance and construction needs. The letters requested time and material pricing for both labor and
equipment rates. It also included holiday and overnight rates. Nine (9) out of the eleven (11 ) contractors
responded and provided competitive labor and equipment rates as seen in Exhibit "B" of each
agreement. Review of these rates has determined they are consistent with current prevailing wages and
current hourly equipment rates previously paid by the City. The contractors listed below responded to the
request for time and material rates and are recommended for not to exceed $100,000.00 agreements for
a one (1) year term.
Company Amount not to Exceed Term
Walter K. Becker (dba Becker Engineering)
Imperial Paving Company, Inc.
Minnesang Pest Specialists
Monteleone Contractors, Inc.
Murrieta Development Company
NPG, Inc. (Nelson Paving & Sealing)
Pacific West Construction
Rene's Commercial Management
Toran Development & Construction
$100,000.00 1 year
$100,000.00 1 Year
$100,000.00 1 Year
$100,000.00 1 year
$100,000.00 1 year
$100,000.00 1 Year
$100,000.00 1 year
$100,000.00 1 year
$100,000.00 1 year
FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2002-2003 Public Work's,
Maintenance Division Operating Budget for; Drainage Facility Maintenance Account No. 001-164-601-
5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance
Account No. 001-164-603-5212; and Other Outside Services Account No. 001-164-603-5250.
ATTACHMENT:
1. Contractor Mailing List
2. Contracts
2
r:~agdrpt~2002\0625~Annua102-03 Maint Agreements. AGN/ajp
Contractor Mailin,q List
10.
11.
Becker Engineering
P.O. Box 890365
Temecula, CA 92589-0365
Del Rio Enterprise
42181 Avenida Alvarado
Temecula, CA 92590
Cajer Equipment Rental
P.O. Box 585
Temecula, CA 92593
Imperial Paving Co., inc.
13555 E. Imperial Highway
Whittier, CA 90605
Minnesang Pest Specialists
27636 Ynez Rd., L-7, #101
Temecula, CA 92591
Monteleone Contractors, Inc.
39054 Camino Hermosa
Murrieta, CA 92563
Murrieta Development
42540 Rio Nedo
Temecula, CA 92590-3727
N P G Corporation (Nelson Paving & Sealing)
P.O. Box 1515
Perris, CA 92575
Pacific West Construction
637 N. Emerald Dr.
Vista, CA 92803
Rene's Commercial Management
1002 Luna Way
San Jacinto, CA 92583
Toran Development & Construction
37110 Mesa Rd
Temecula, CA 92592-8633
3
r:~agdrpt~2002\0625~Annua102~03 Maint Agreements. AGN/ajp
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYWIDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and BECKER ENGINEERING ("Contractor"). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00, unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
City under or arising out of this Contract except those previously made in wrihng and request for payment.
1
R:~naintain\workorders~Becker 02~)3 Agrmth-naster const agrmt
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of Califomia, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rotes are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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.
8. 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 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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 ahses 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.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions/n performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
city.
P-Amaintain\workordcrs~Becker 024)3 Agrmt~aster const agvmt
11. LIABILITY IBISURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability 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 Califomia and
Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self*insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or elirff~nate 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
R:hnaintain\workorders~Becker 024)3 Agrmt~rnaster const agrmt
(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' pr/or 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. Vehfication of Coverage. Contractor 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 behalfi The endorsements are to be on forms provided by the
City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF TIlE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive ffn:ection and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
RAmaintain\workorders~Becker 02-03 Agrmt~mster const agrmt
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis o£race, creed, relig/on, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
P O Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Becker Engineering
P.O. Box 890365
Temecula, CA 92589-0365
(909) 731-3991
5
R:h~aintain\workorders~Beck~r 02~)3 Agrmthnmster const agrmt
23. 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 of Temeeula.
24. 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.
25. 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 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
other, vise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Government Code of the State of California.
27. 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.
28. 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.
6
R:hmaintain\workorders~Becker 024)3 Agnnth-naster const agrmt
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved AstoForm:
Peter M. Thorson, City Attorney
CONTRACTOR
BECKER ENGINEERING
P.O. Box 890365
Temecula, CA 92589-0365
(909) 731-3991
Wal~er K. Becker, Owner
7
R:hmain tain\workorders~Becker 024)3 Agrmthmster const agrmt
EXHIB1T "A"
Contractor recognizes' and agrees that this Agreement is for the propose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director') or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
8
RAmaintain\workorders~Becker 02-03 Agrmt~naster const agnnt
EXHIBIT B
LABOR AND EQUIPMENT RATES
9
RAmaintain\workorders~Becker 02-03 Agrmt~a.ster eonst agrmt
BECKER
.ENGINEERI[NG
CA License #683396-A
RECEIVED
MAY 0 2002
CITY OF TEMECULA
ENGINEERING DEPARTMENT
P.O. Box 890365,
(909) 712-2341
GRADING · PAVING · CONCRETE · DEMOLITIONS
PROPOSAL & CONTRACT
,WNER / CONTRACTOR PUONFg09/694/6411
CITY OF TEMECULA
NAME: LEGAL JOB LOCATION:
BRAD BURON/ PUBLIC WORKS
STREET: 43200 BUSINESS PARK DR. ITREET:
CITY: TEMECULA I STATE: CA :ITY:
We propose to furnish all equipment and perform all labor necessary to complete the following:
PLEASE REVIEW SHEET #2 AS PER YOUR REQUESTED TIME AND
MATERIAL SHEETS REFLECTING PREVAILING WAGE HIKES FOR
YEARS 2002 TO 2003.
This contract does not include any damage or repairs to underground facilities not visible from the surface or otherwise
designated by owner / contractor and stated in this agreement. Any extra work or delays will result in contract reverting to Time
& Material.
All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum
of DOLLARS ($ .)
Terms of Payment:
Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon
written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made
in writing.
It is further understood and agreed that Workmen's Compensation and Public Liability Insurance will be provided, however,
coverage applies only to work actually performed by Becker Engineering in accordance with terms and conditions of this
contract. Certificates of Insurance will be furnished upon request.
3 6 5 DAYS FROM THE ABOVE DATE
Authorized Signature: ~////'~"~~
BECKER
ENGINEERIlNG ::
CA License # 683396-A
P.O, Box 890365 · Temecula, CA 92589-0365
(909) 731-3991
GRADING · PAVING · CONCRETE · DEMOLITIONS
PROPOSAL & CONTRACT
SHEET #2.
LABOR RATES
S.T. O.T.
SUPERINTENDENT W/1 TON TRUCK $60.05 $89.55
FOREMAN W/3/4 TRUCK $55.55 $81.05
GENERAL LABORER $46.05 $66.05
NOTE: THESE LABOR RATES REFLECT LATEST RAISES IN
P.W. SCALE.
BARE EQUIPMENT
450 DOZER
SKIPLOADER
310 BACKHOE
763 BOBCAT
763 BOBCAT W/BREAKER
863 BOBCAT
863 BOBCAT W/BREAKER
BOBTAIL DUMP
1TO3 TON ROLLER
3T05 TON ROLLER
VIBRATORY PLATE
WACKER TAMP
WATER TRUCK
AREA MOVE INS
$50.00 P.H.
$38.50 "
$50.00 "
$42.50 "
$65.50 "
$50.00 "
$73.00 "
$50.00 "
$26.00 "
$38.50 "
$21.00 "
$21.00 "
$55.00 "
$80.00 "
ALL MATERIALS AND RATES AT A.P.W. STANDARD BOOK RATES.
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYWIDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and IMPERIAL PAVING CO., INC. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or constraction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A'. The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
City under or arising out of this Contract except those previously made in writing and request for payment.
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Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of Califomia, the City Council has obtained the general prevailing rote of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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.
8. 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 Conh'actor 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 termmated pursuant to this Section, the City shall pay to
Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor
will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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 whtten
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.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
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RSmaintain\workordersXlmpefial Paving 02-03 Agrmt~master const agrmt
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum 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.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or 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 bythe
City, its officers, officials, employees or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
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(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.
f. Verification of Coverage. Contractor 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 District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the Citynor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
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~maintain\workordersXlmpefial Paving 02-03 Agrmt~master const agrmt
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Govemment Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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.
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
P O Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Imperial Paving Co., Inc.
13555 E. Imperial Highway
Whittier, CA 90605
(562) 944-0975
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R:~nainlain\workorder s~Imperial Paving 024)3 Agrmflmaster const agrmt
23. 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 of Temecula.
24. 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.
25. 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 jurisdiction over the City of Temecula. In the event of
litigation between the parties concerning this Contract, the prevailing pat~ as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Arf~cle 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Government Code of the State of California.
27. ENTIRE AGREEMENT. This Agreement eontains 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 fu~er force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each partes own independent investigation of any and all facts such
party deems material.
28. 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.
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IN WITNESS WltEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
IMPERIAL PAVENG CO., INC.
13555 E. Imperial Highway
Whittier, CA 90605
(562) 523-0975
Fritz Coy, Secretary/Treasure
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
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IMPERIAL PAVING CO., INC.
13555 E. Imperial Hwy. Whittier, California 90605
(562) 944-0975
(714) 523-4492
Fax (562) 944-0984
CITY OF TEMECULA
P.O. BOX 9033
TEMECULA, CA 92589-9033
RE: TIME AND MATERIAL SHEET
ATTN: BRAD
LABOR BREAKDOWN
ALL LABOR ............................................ $
OVERTIME 1 V2 TIME (Avrb;R 8HRS/SATURDAYS) ............... $
DOUBLETIME 2 TIME (SUNDAYS/HOLIDAYS) .................. $
45.00 PER HOUR
67.50 PER HOUR
90.00 PER HOUR
EQUIPMENT BREAKDOWN (DOES NOT INCLU1)E LABOR}
FLATBED TRUCK WITH COMPRESSOR MOUNT ................ $ 325.00 PER DAY
BOB TAIL TRUCK 9 -11 YARDS ............................. $ 315.00 PER DAY
CONCRETE FLATBED TRUCK .............................. $ 300.00 PER DAY
DUMP TRUCK & PUP TRAILER ............................. $ 390.00 PER DAY
AIR COMPRESSOR ...................................... $ 150.00 PER DAY
WATER TRUCK .......................................... $
FLATBED TRUCK WITH 3-5 TON ROLLER COIvlBO (MINIMUM) .... $
DUMP TRUCK WITH SK1PLOADER & TRAILER COMBO ......... $
10-12 TON ROLLER INCLUDING TRAILER .................... $
3-5 TON ROLLER INCLUDING TRAILER ....... 2 ..............$
BERM MACH1NE MINIMUM CHARGE ............... ' ........ $
BOBCAT WITH BUCKET ................................. $
BOBCAT WITH GRINDER ............................ '~ - - - $
ARROW BOARD W1TH TRUCK ............................. $
275.00 PER DAY
505.00 PER DAY
505.00 PER DAY
250.00 PER DAY
245.00 PER DAY
150.00 PER DAY
500.00 PER DAY
550.00 PER DAY
250.00 PER DAY
STANDARD SET (COMMON REPAIR CREW)
FOUR MAN CREW
SKIPLOADER
DUMPTRUCK
3-5 TON ROLLER
FLATBED WITH COMPRESSOR & TOOLS .................... $ 2,600.00 PER DAY
LESS THAN 8 HRS (2HR MINIMUM) ........................ $ 400.00 PER HOUR
MATERIALS
ASPHALT ................. : .......................... $
ASPHALT PLANT OPENING ON SATURDAYS ................ $
EASE ROCK CLASS II ................................... $
TACK MATERIAL ...................................... $
CONCRETE .......................................... $
CONCRETE AFTER 4 YARDS ............................. $
NOTE: ABOVE PRICES SUBJECT TO PUC CHANGE.
20% MARK LIP ON SUBCONTRACTORS.
NOTE: IMPERIAL PAVING PROVIDES THE FOLLOWING SERVICES:
EXCAVATION, GRADING~ PAVING CONCRETE, SEAL COATING AND
STRIPING.
44.10 PER TON
1,000.00
12.50 PER TON
1.60 PER GAL
425.00 MIN. LOAD
75.00 PER YARD
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYVflDE ROUTINE MAINTENANCE
Tins CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and MINNESANG PEST SPICIALISTS ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days ofreeeipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
City under or arising out of this Contract except those previously made in writing and request for payment.
R:~maintain\workorders~vlinnesang 024)3 Agrmt~aster const agrmt
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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 complywith the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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.
8. 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 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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 whtten
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 ftather notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
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11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum 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.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or elimtnate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or 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.
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RAmaint~in\workorderskMinnesang 024)3 Ag~ntkmaster const agrmt
(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.
f. Verification of Coverage. Contractor 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 bythe
City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Conlractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
R:hnaintain\workorders~Vlinnesang 024)3 Agnnt~master const agrmt
exarrfmations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or ormssion on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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.
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, cextified mail, postage prepaid,
rettun 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
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Minnesang Pest Specialists
27636 Ynez Rd., L-7, #101
Temecula, CA 92591
(909) 699-2661
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R:~naintain\workordersXMinnesang 02-03 Agrmt~naster const agnnt
23. 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 of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
fome and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. 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 govem the interpretation of this Agreement. Any litigation conceming this Agreement shall take place in
the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in .writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Govemment Code of the State of California.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this
Agreement on behalf of Conlxactor 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.
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RSmaintain\workord ershMinnes ang 024)3 Agnntkmaster const agrmt
IN VqITNESS WltERE OF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONTRACTOR
MINNESANG PEST SPECIALISTS
27636 Ynez Rd., L-7, #101
Temecula, CA 92591
(909) 699-2661
David Minnesang, Owner
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R:~naintain\workordersXMinnesang 02-03 Agnnth'-nas~er const agrmt
EXHIBIT "A'
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temeeula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
$
R:~naintain\workorders~vlinnesang 024)3 Agrmt~naster const agrmt
EXHIBIT B
LABOR AND EQUIPMENT RATES
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R:~naintain\workorders~¥1innesang 02-03 Agrmt~oaaster const agrmt
Minnesang Pest Specialists
27636 Ynez Road L-7, ,9 101, Tesnecula, CA 9'2591
Telephone: (909) 699-2661 Fax: 699-6008
¢-maik pes~speciallst @juno.corn
City of Temecula
Service Quote
June 4, 2002
RECEIVED
JUN 4 ~00~
CITY OF TEMECULA
ENGINEERING DEPARTMENT
Minnesang Pest Specialists is a locally owned and operated small business that offers a vadety of pest
control, tree and shrub care, and weed control services. Under another name, we have been serving the
City of Temecula for over 10 years (primarily providing right- of-way weed control).
Listinq of Services
· Right-of-way (ROW) weed control
· Channel weed control
· Pavement crack weed control
· ExoticJinvasive weed eradication (Arundo, tamarisk, yellow star thistle, perennial pepperweed, etc.)
· Tree and shrub spraying
· Tree and shrub injecting (systemic)
· Gopher control
· Ground squirrel control
· General structural pest control (ants, spiders, etc.)
Price quotes
1. ROW Weed Control - broadcast application
· Pre-emergent herbicide application $166.2§/acre
· Post-emergent herbicide application (pre-emergent treated sites) §8.75/acre
· Post-emergent herbicide application (untreated sites) 12§.00/acre
2. Channel Weed Control - handgun application
· Pre-emergent herbicide application (banks only) $332,50/acre
· Post-emergent herbicide application (bottoms) 125,00/acre
Note: post-emergent herbicide application to treated banks is included in the above quote.
3. Pavement Crack Weed Control
· Roadsides (curbs/gutters) - broadcast application
· Asphalt cracks - spot application
4. ExoticJInvasive Weed Eradication
· In drainage channels $1,300.00/acre
· In other areas $ 425.00/acre
$ .10/linear foot
1.00/linear foot
City of Temecula
Service Quote
June 4, 2002
5. Tree Spraying
Per tree pdce based on tree height
Tree Injection
Per tree price based on trunk width in inches
at 4 feet above the ground
7. Gopher Control
Elimination of existing gophers in fiat areas
8. Ground Squirrel Control
Elimination of existing colonies
Structural Pest Control · Control of ants, spiders, earwigs, etc. in and around structures
· Control of rats & mice in and around structures
10. Professional Consulting
For all of the above services and many others
$2.25/foot
$4.00/inch
$175.00/1000 sq. ft.
$250.00/colony
Estimate required
Estimate required
$95.001hr.
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYWIDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and MONTELEONE CONTRACTORS, INC. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the fight to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A', Scope of Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approvat of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year fi.om date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
City under or arising out of this Contract except those previously made in writing and request for payment.
1
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Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rotes are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or termmate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written
notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement,
unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such
suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor
will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. ~l~e Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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 taw, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
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R:~uaintain\workorders~vlonteleone 024)3 AgnmLmaster const agrmt
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum 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.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or 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
R:~naintain\workordersXlVlonteleon¢ 024)3 Agrmthmaster const agnnt
(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.
(s)
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. 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 District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workmaffs Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF TIlE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTORtS INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
RSmaintain\workorders~lonteleone 02-03 Agrmth-naster const agrmt
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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.
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
P O Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Monteleone Contractors, Inc.
35245 Briggs Road
Murrieta, Califomia 92563
(909) 677-6403
5
R:~naintain\workorders~Monteleone 024)3 Agrmt~naster const agrmt
23. 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 of Temecula.
24. 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.
25. 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 govem 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. 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Govemment Code of the State of California.
27. 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.
28. 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.
6
R:~maintain\workorders~vlonteleone 024)3 Agrmt~master const agrmt
IN WITNESS WI-IEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, CityClerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
MONTELEONE CONTRACTORS INC.
35245 Briggs Rd.
Mumeta, CA 92563
(909) 677-6403
Ryan Monteleone
7
R:~'naintain\workorders~lonteleone 024)3 Agnnt~master const ag'mt
EX~41~IT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work tmdertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
8
R:¥naintain\workordersWIonteleone 024)3 Agrmtknmster const agrmt
EXHIRIT B
LABOR AND EQUIPMENT RATES
9
R:~maintain\workorders~Vlonteleone 02-03 Agrmt~naster const agrmt
RECEIVED
MAY 2 ZOO?
CITY OF TEMECULA
ENGINEERING DEPARTMENT
35245 Briggs rd
Murrieta,CA 92563
U.S.A
Phone 9094774403
Fax 909-926-1998
Cell (909) 5384537
Time and equipment
rate for 2002- 2003
Equipmcnt Rate per hr Saturday/+8hrs Holiday/Sunday
regular rate *per hour overtime ovcrtime rate
450 dozer $100.00 $115.50 $131.00
D6LGP $130.00 $145.50 $161.00
D6H $115.00 $130.50 $146.00
834 dozer $170.00 $185.50 $201.00
824 dozer $160.00 $175.50 $181.00
D8k dozer $140.00 $155.50 $171.00
DSN dozer $140.00 $155.50 $171.00
DSR dozer $150.00 $165.50 $181.00
DgL dozer $190.00 $205.50 $221.00
650komatsu $280.00 $295.50 $311.00
400 excavator $183.00 $198.50 $214.00
300 excavator $150.00 $165.50 $181.00
220 excavator $125.00 $140.50 $156.00
446 backhoe $1010 $116.50 $132.00
30Mfskip/mower $77.50 $93.00 $108.50
450 C loader $145.00 $160.50 $176.00
950 loader $130.00 $145.50 $161.00
977 loader $130.00 $145.50 $161.00
973 track ~ader $140.00 $155.50 $171.00
963 track loader $130.00 $145.50 $161.00
12G motor grader $110.00 $125.50 $141.00
623 scraper $150.00 $165.50 $181.00
860 scraper $i40.00 $155.50 $171.00
657 push pull $240.00 $255.50 $271.00
637 E push pull $200.00 $215.50 $231.00
10 wheel dump/pup $80.00 $95.50 $111.00
Hi-side semi $85.00 $100.50 $116.00
4,000 gal wAruck $75.00 $90.50 $106.00
Lowbed truck $90.00 $105.50 $121.00
Foreman $63.00 $78.50 $94.00
Pick-u p $30.00 $45.50 $61.00
Grade checker $51.00 $66.50 $82.00
Laborer $43.00 $58.50 $74.00
~Notc- Overtime wages begin after 3:00P.M. with a 6:30 A.M. starting time.
Rate used beyond 8 hours on weekdays and all hours on Saturday.
Ryan Monteleone Ceii(909) 538-6537 Office(909) 67%6403 Pager (909) 694-7028
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYWIDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and MURRIETA DEVELOPMENT COMPANY, INC.
("Contractor"). In consideration of the mutual covenants and conditions set fo~h herein, the parties agree as
follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or conslmctiun upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00 ~ unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and setwices shall be fumished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall const/tute a waiver of all claims against the
R:~maintain\workordershMurrieta 02-03 Agrmt~naster const agrmt
City under or arising out of this Contract except those previously made in writing and request for payment.
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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 rotes for any work done under this contract, by him
or by any subcontractor under him, in violation of the provisions of the Contract.
8. 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 (I0) days prior written
notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement,
unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such
suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor
will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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 fight, 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.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers fi.om and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
Pc ~main tain\workordets~Vlurrieta 02-03 Agrmthnaster const agrmt
11. LIABILITY INSURANCE. Contractor shall procure and rnffmtain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2)
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3)
Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maint~fin limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to cont,Vm, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage sh~ll 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
R:~naintain\wo[kordersXMurrieta 02-03 AgrmtXmaster const agrtnt
(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 o f 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. 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 District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
RSmaintain\workorders~M urrieta 02-03 AgrmtLmaster const agrmt
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such pa~t 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Govemment Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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.
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
P O Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, Califomia 92590
Attention: City Manager
To Contractor:
Murrieta Development Co., Inc.
42540 Rio Nedo
Temecula, Califomia 92590
(909) 719-1680
R:~naintain\workordersLMurrieta 02~)3 Agrmthraster const agrmt
23. 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 of Temecula.
24. 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.
25. 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 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in whting, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Government Code of the State of California.
27. 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.
28. 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:huaintain\~vorkordersWlurrie~a 024)3 Agnn6master const agrmt
IN WITNESS WltEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Attest:
Ron Roberts, Mayor
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONTRACTOR
MURRIETA DEVELOPMENT CO., INC.
42540 Rio Nedo
Tcmccula, CA 92590
(909) 719-1680
Dennis T. Cissell, President
RSmaintain\workorders~Murrieta 024)3 Agrmt~master const agrmt
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
RSmaintain\workordershMurrieta 024)3 Agrmt~a~ster const agrmt
EXHIBIT B
LABOR AND EQUIPMENT RATES
R:Wnaintain\workorders~v[urrieta 02-03 Ag~nt~naster eonst agrmt
MURRIETA DEVELOPMENT CO.., INC.
RENTAL BATE8 - OPERATED
DENNIS T. CISSELL, PRESIDENT
TODD K. CLOSE, VICE PRESIDENT
330 CAT
345 CAT
420 CAT
4300LINEBELT
$ 175.00 /HR
$ 205.00 /HR
$ 95.00 /HR
$ 175.00 /HR
COMPACTION F.,~UIPM~I~T
COMPACTION WHEEL-ON ANY EQUIPMENT
REX COMPACTOR
STOMPER
WACKER /VIBRATORY PLATE
40.00 /HR
11o.oo /HR
105.00 /HR
100.00 /DAY
650 JOHN DEERE w/SLOPE BOARD $ 105,00 /HR
D-4HCATw/SLOPEBOARD $ 105.00 /HR
D-6M CAT $ 125.00 /HR
D*6R CAT $ 135.00 /HR
LOADEI~
926 CAT (1/2 Yard Bucket) $ 105.00 /HR
950 CAT (3/4 Yard Bucket) $ 115.00 /HR
JOHN DEERE 210-L
MASSONRY-FERGUSON MFS0
$ 85.00 /HR
$ 85.00 /HR
AIR COMPRESSORS / JACK RAMMERS $ 150.00 /DAY
AIR TESTING/PRESSURE TESTING (Equipment Only) $ 150.00 /DAY
BLOWER $ 75.00 /DAY
CEMENT MIXER $ 50.00 /DAY
CHOP SAW $ 100.00 /DAY
CREW TRUCK $ 25.00 /HR
DUMp TRUCK $ 75.00 /HR
DUMP TRUCK w/TRAILER $ 95.00 /HR
END DUMP $ 95.00 /HR
FOREMAN $ 65.00 /HR
GAS DETECTION (Equipment On/3J $ 50.00 /DAY
GENERATOR RAMMER DRILL $ 55.00 /DAY
GRADE CHECKER $ 40.00 /HR
GRINDER $ 25.00 /DAY
HYDROSTATIC POMP $ 100.00 /DAY
LABORER $ 40.00 /HR
LEAK LOCATING (Equipment Only) $ 150.00 /DAY
LOWBED $ 95.00 /HR
OPERATOR $ 43.00 /HR
REED SCREEN ALL $ 50.00 /HR
ROLLER $ 200.00 /DAY
SILVER SOLDERING $ 55.00 /HR
TRASH PUMPS & HOSES $ 100.00 /DAY
TRUCK & TRANSFER $ 90.00 /HR
WATER TRUCK $ 75.00 /HR
WAYNE'S BALL (Equipment On/y) $ 75.00 /DAY
WELDER $ 65.00 /HR
ALL HOURS IN EXCESS OF 8 HOURS PER DAY AND/OR 40 HOURS PER WEEK WILL BE CHARGED AT TIME
AND A HALF. THERE WILL BE NO CHARGE FOR OPERATOR WITH RENTAL OF EQUIPMENT WITH THE
EXCEPTION OF OVERTIME. OPERATOR OVERTIME WILL BE CRARGED AT RALF TIME HOURLY RATE TO
DEVELOPEI~ TIME & MATERIAL SERVICES WILL BE BILLED AT COST PLUS 15% PROFIT AND OVERHEAD.
42540 RIO NEDO, TEMECULA, CA 92590 * CALIF. LIC.//558592 * (909) 719-1680 · FAX (909) 719-1684
MURRIETA DEVELOPMENT CO.., INC.
RENTAL RATE~ - OPERATED
DENNIS T. CISSELL, PRESIDENT
TODD K. CLOSE, VICE PRESIDENT
330 CAT
345 CAT
420 CAT
4300 LINKBELT
POWER BROOM
150.00 /HR
185.00 /HR
75.00 /HR
150.00 /HR
280.00 /DAY
COMPACTION E~IPMENT
COMPACTION WHEEL-ON ANY EQUIPMENT
REX COMPACTOR
STOMPER
WACKER/VIBRATORY PLATE
$ 25.00 /HR
$ 100.00 /HR
$ 90.00 /HR
$ 85,00 /DAY
650 JOHN DEERE w/SLOPE BOARD $ 90,00 /HR
D-4H CAT w/SLOPE BOARD $ 90.00 /HR
D-6M CAT $ 110.00 /HR
D-6R CAT $ 120.00 /HR
LOADER~
926 CAT (1/2 Yard Bucket) $ 85.00 /HR
950 CAT (3/4 Yard Bucket) $ 100.00 /HR
JOHN DEERE 210 L
MASSONRY-FERGUSON MFS0
7O.OO /HR
70.00 /HR
AIR COMPRESSORS / JACK HAMMERS $ 125.00 /DAY
AIR TESTING /PRESSURE TESTING (Equyment O~y) $ 150.00 /DAY
BLOWER $ 75.00 /DAY
CEMENT MIXER $ 45,00 /DAY
CHOP SAW $ 100.00 /DAY
CREW TRUCK $ 20.00 /HR
DUMP TRUCK $ 65,00 /HR
DUMPTRUCKw/TRAILER $ 75.00 /HR
END DUMP $ 75.00 /HR
FOREMAN $ 55.00 /HR
GAS DETECTION (Equipment Only} $ 50.00 /DAY
GENERATOR - HAMMER DRILL $ 50.00 /DAY
GRADE CHECKER $ 40,00 /HR
GRINDER $ 25.00 /DAY
HYDROSTATIC PUMP $ 100.00 /DAY
LABORER $ 30.00 /HR
LEAK LOCATING (Equipment On/y) /4 150.00 /DAY
LOWBED $ 85.00 /HR
OPERATOR $ 33.00 /HR
REED SCREEN ALL $ 50.00 /HR
ROLLER $ 200.00 /DAY
SILVER SOLDERING $ 50.00 /HR
TRASH PUMPS ~ HOSES $ 85.00 /DAY
TRUCK ~ TRANSFER $ 70.00 /HR
WATER TRUCK $ 60.00 /HR
WAYNE'S BALL (Equ/!~xlent On]y) $ 75.00 /DAY
WELDER $ 60.00 /HR
ALL HOURS IN EXCESS OF 8 HOURS PER DAY AND/OR 40 HOURS PER WEEK WILL BE CHARGED AT TIME
AND A HALF. THERE WILL BE NO CHARGE FOR OPERATOR WITH RENTAL OF EQUIPMENT WITH THE
EXCEPTION OF OVERTIME. OPERATOR OVERTIME WILL BE CHARGED AT HALF TIME HOURLy RATE TO
DEVELOPEP~ TIME & MATERIAL SERVICES WILL BE BILLED AT COST PLUS 15% PROFIT AND OVERHEAD,
42540 RIO NEDO, TEMECULA, CA 92590 · CALIF. LIC. ~358592 · (909) 719-1680 · FAX (909) 719-1684
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYXVIDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and NPG, Inc. ("Contractor"). In consideration of the mutual
covenants and conditions set forth herein, the paxties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Cuntmctor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other cuntmctors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
City under or arising out of this Contract except those previously made in writing and request for payment.
R:~rnaintain\workorders~qPG 02-03 Agrmt~aster const agrmt
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rotes are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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 rotes for any work done under this contract, by him
or by any subcontractor under him, in violation of the provisions of the Contract.
8. 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 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers fi'om and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in perfomaing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
R:~main tain\workorder shNPG 024)3 Agrmt~master const agrmt
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum 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.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or 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 primmy 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.
R:hnaintain\workorders2qPG 024)3 Agrmthnaster const agrmt
(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.
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 District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for perfonmng services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
R:~naintain\workorders~qPG 024)3 Agrmt~naster const agrmt
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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
faeihties and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delaythe 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.
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the patty 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
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
NPG, Inc.
P.O. Box 1515
Perris, Califomia 92572
(909) 940-0200
5
R:~maintain\workordershNPG 024)3 Agrmt~master const agnnt
23. 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 of Temecula.
24. 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.
25. 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 govem 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. 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
· Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Govemment Code of the State of California.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this
Agreement on behalf of Contmctur 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.
6
Rzh-naintain\workorders~NPG 024)3 Agrmt~aster const agrmt
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
NPG, INC.
P.O. Box 1515
Peres, CA 92572
(909) 940-0200
Jeff S. Nelson, President
RAmaintain\workorders~NPG 02-03 Agrmfinmster const agrmt
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
R:krnaintain\workordershNPG 02~)3 A~nnt~tnaster ¢onst agrmt
PH. (909) 940-0200
FAX (909) 940-9192
Cont. Lic. #664779
ESTIMATE TO (Client)
City of Temecula
43200 Business Park Drive
Temecula, California 92590
RECEIVED
0 4 007.
cn~ o~ T~a~CUL~ 1~354 JET WAY
PE~S, CA 92572
ESTIMATE Cont. Lic. g~779
DATE: April 18, 2002
PROJECT: Time and Material Rates
LOCATION: Temecula, California
Attention: Mr. Brad Buron We Handle AH Phases of Asphalt
Tele hone: 909-694-6411 Fax: 909-694-6475 Estimator: Jeff S. Nelson
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the
material and labor and performing the work hereinafter specified, subject to the terms and conditions hereinafter set forth.
T & M Rate Sheet
GENERAL LABOR
Standard Overtime .Double Time
Traffic Control 42.50 63.75 85.00
Shovel - Lute Laborer 42.50 63,75 85.00
PCC / Form Setter 42.50 63.75 85.00
_OPERA_TORS
Tractor Operator 50.00 75.00 100.00
Screed Operator 50.00 75.00 100.00
Roller Operator 50.00 75,00 100.00
Crack Fill Machine Operator 50.00 75.00 100.00
Paving Machine Operator 50.00 75.00 100.00
~ Hour Rate Day Rate
Blaw Knox 180 (Rubber) 125.00
Cat AP 1050 Paving Machine (Track) 130.00
BG 220 Paving Machine (Rubber) 100.00
Asphalt Roller (3-5 Ton)
Asphalt Roller (4-6 Ton)
Asphalt Roller (5-8 Ton)
Asphalt Roller (8-10 Ton)
Ford 4 Wheel Drive Skip Loader 445 Operated 62.50
John Deere 210LE Skip Loader Operated 65.00
JD 670 Blade or CAT t2G Blade Operated 105.00
Asphalt Crew Truck (with all tools)
Asphalt Berm Machine
200 Gallons Tack Rig
863 Bobcat Operated 85.00
105.00
Breaker 150.00
Grinder 18"
105.00
Sweeper
10 Wheel Dump Truck (4 Available) 70.00
International Dump Truck* 80.00
*Truck has Compressor & Jack Hammer
Crafco Hot Crack Fill Machine
DA 350 Seal Buggy Operated 70.00
25.00
Automatics
Ski Control 25.00
Compressor Bare with 90 lb. Hammer
Traffic Control Arrow Board
MOVES
Hour Rate
215,00
225.00
300.00
400.00
200.00
250.00
100.00
250.00
250.00
150.00
Day Rate
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYWIDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and PACIFIC WEST CONSTRUCTION ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
propose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the £mal payment shall constitute a waiver of all claims against the
City under or arising out of this Contract except those previously made in writing and request for payment.
R:~main tain\workor d er s\pacific West 024)3 Agrmt~naster eonst agrmt
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of Califomia, the City Council has obtained the general prevailing rote of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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 complywith the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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 conlract, by him
or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMENATION 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 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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 tcrrmnate 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.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any k/nd or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
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11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise fi.om 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 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.
b. Minimum Limits of Insurance. Contractor shall rmfmtain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commemial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or 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.
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(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.
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 District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
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examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, thc 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.
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
P O Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Pacific West Construction
637 North Emerald Drive
Vista, Califomia
(760) 639-1729
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RAmaintain\workorders~pacific West 024)3 Agrmfimastex const agrmt
23. 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 of Temecula.
24. 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.
25. 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 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Govemment Code of the State of Califomia.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this
Agreement on behalf of Contractor wan'ants 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.
6
R:h-naintain\workordersXpacific West 02-03 Agrmt~naster const agrmt
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Attest:
Ron Roberts, Mayor
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
PACIFIC VOgST CONSTRUCTION
637 N. Emerald Dr.
Vista, CA 92083
(760) 639-1729
Arthur R. Coltram, Jr.
7
RSmaintain\workorders\pacifi c West 02-03 Agrmt~aasta- const agrmt
EXHIBIT "A'
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
8
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EXIHBIT B
LABOR AND EQUIPMENT RATES
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R:~maintain\workorders\pacific West 02-03 Agrmt~master const agrmt
City of Temecula
Public Works
Brad Buron
May 29, 2002
Re: TimeJMaterinl rates for providing stemn-cle~ning services
Dear Brad,
PACIFIC WEb-'T CONb-'TRUCTION
CA LICENSE 475022
637 NORTH EMERALD DRIVE
VIb-'TA,CA 92083
(75O) 639-1729
FAX (760) 639-1904
Art Coltrain
909-721-6766
Based on our recent conversations and per your request, I am submitting rates as indicated below for
providing steam cleaning services. The rates are based on city wide service, which allows us to provide
quality service at a lower price due to lhe large volume of work.
Pacific West Construction will perform the following services at your request:
High pressure steam cleaning
0- 500 SF $0.95/SF
500-1000 SF $0.75/SF
1000-2000 SF $0.65/SF
over 2000 SF $0.50/SF
Chemically strip areas of concrete or block as needed. Removal of paint, soda, food
stains, oil, rust and other miscellaneous stains. (Chemicals are necessary to remove
stains without damaging new concrete.)
0- 500 SF $2.75/SF
500-1000 SF = $2.65/SF
1000-2000 SF = $2.60/SF
over 2000 SF = $2.50/SF
Concrete bleaching process to allow for a uniform curing process, aRer the removal
of stains to eliminate possible discoloration.
0- 500 SF -- $1.20/SF
500-1000SF = $1.15/SF
100Qr2000 SF = $1.10/SF
over 2000 SF = $1.05/SF
NOTES:
City of Te~necula to furnish floating water & meter fur use during cleaning.
Add 50% of square footage price for weekends and holidays
Cleaning will be performed within 48 hours of Notice to Contractor.
Requested emergency cleaning will be performed within 4 hours of Notice to Contractor, with a 20%
increase to unit prices.
PACIFIC WEST
CONSTRUCTION
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYWIDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and RENE'S COMMERCIAL MANAGEMENT ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto
and incorporated herein as though set forth in fall. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B', Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submi~ed between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
City under or arising out of this Contract except those previously made in writing and request for payment.
R:~naintain\workordersXRenes 024)3 Agrmt~raaster const agrmt
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rotes are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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 rotes for any work done under this contract, by him
or by any subcontractor under him, in violation of the provisions of the Contract.
8. 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 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
RSmaintain\workordersW, enes 02-03 Ag~nt~naster const agrmt
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum 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.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or 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.
R:~mintain\workorders~Renes 02-03 Agnnthnaster const agrmt
(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, retum receipt requested, has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best% rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor 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 District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIlgS. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
R:~naintain\workordersh°,enes 02-03 Agrmt~aster const agrmt
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of Califomia.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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.
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
P O Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Rene's Commercial Management
1002 Luna Way
San Jacinto, California 92583
(909) 487-0247
R:~naintain\workorders~enes 02-03 AgrmtXmaster const agrmt
23. 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 of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses reqff~red of it by law for the performance of the services described in this
Agreement.
25. 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 dislrict court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Government Code of the State of California.
27. 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 whtten, 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.
28. 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.
6
R:hnaintain\workorderskRcnes 02-03 Agrmtknmster const agrmt
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
RENE'S COMMERCIAL MANAGEMENT
1002 Luna Way
San Jacinto, CA 92583
(909) 487-0247
Rene Martinez, Owner
7
R:hnaintain\workordersW, enes 024)3 Agrmth-naster const agrmt
EXHIBIT "A'
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
RSmaintain\workordershRenes 02-03 Agrmt~naster const agrmt
EXHIBIT B
LABOR AND EQUIPMENT RATES
9
R:~naintain\workorders~Renes 024)3 Agrmt~'naster const agrmt
CLIENT:
Rene's Commercial Management
1002 Luna Way * San Jacinto, CA 92583 *
TeL (909) 487-0247 * Fax (909) 487-0479
City of Temecula, CA DATE: May 15, 2002
TIME AND MATERIAL RATES
FOR
JULY 2002/2003
WEED SPRAYING:
1) Pre-emergent Applications:
a) Sensitive Areas (Landscape areas):
b) Non-sensitive Areas (Roadside):
2) Post-emergent Applications:
(Older, larger weeds, higher rate)
MECHANICAL WEED ABATEMENT:
Man / Equip.
Foreman &
Pick-up
$195.00/Ac
$175.00/Ac
$125.00 - $175.00/Ac
Per Hour Sat./+8 hrs. Emergency RespOnse Rate
$21.50 $25.50 $29.95
$27.00 $30.00 $33.50
GENERAL LABOR, TRASH PICK-UP~ HAULING~ ETC.:
Per Hour Sat./+8 hrs. Emergency Response Rate
Per Man $19.50 $22.50 $27.50
TRACTOR / MOWING:
Man / Equip.: $55.00/Hr.
(Rate, includes transportation cost)
(Minimum 3 Hours)
All of these rates, reflect current Prevailing Wage and Certified Payroll
Rene Martinez - Cellular Phone: (909) 830-0239 - 24 Hours
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2002-2003
FOR
CITYVflDE ROUTINE MAINTENANCE
THIS CONSTRUCTION CONTRACT, made and entered into as of June 25, 2002 by and
between the City of Temecula, ("City") and TORAN DEVELOPMENT & CONSTRUCTION
("Contractor"). In consideration &the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope &Work, attached hereto
and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee,
is authorized to approve the work in accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2002 and shall
terminate as of June 30, 2003 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set
forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City
disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt of the invoice of the disputed fees on the invoice.
4. 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality of the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
R:~maintain\workorders\Tomn 024)3 Agrmt~nastcr const agrmt
City under or arising out of this Contract except those previously made in writing and request for payment.
Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
7. PREVAII[.ING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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 complywith the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the
District, 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.
8. 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 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the
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.
10. INDEM/NIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing
to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the
City.
R:~raaintain\workorders\Toran 024)3 AgrmtXmaster const agrmt
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum 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.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or 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.
Rz~naintain\workorders\Toran 024)3 Agrmt~naster const agrmt
(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.
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 District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Worm's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF I'HE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's
officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers, employees or
agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or Indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
4
R:~main tain\workorders\Toran 02-03 Agrmt~taster const agent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City
for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on
the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any, to
be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been
filed under the provisions of the laws of the State of California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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.
21. 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.
22. WIlITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To City:
City of Temecula
P O Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, Califomia 92590
Attention: City Manager
To Contractor:
Toran Development & Construction
37110 Mesa Road
Temecula, California 92592-8950
(909) 302-5965
R:~naintain\workorders\Toran 02-03 Agrmfimaster const agrmt
23. ASSIGNMENT. The Contractor shall not assign the performance ofthis Agreement, nor any
part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. 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.
25. 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 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I of the Government Code of the State of California.
27. 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.
28. 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.
6
R:~naintain\workorders\Toran 02-03 Agrmt~raaster const agrmt
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
CITY OF TEMECULA
Attest:
Ron Roberts, Mayor
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attomey
CONTRACTOR
TORAN DEVELOPMENT & CONSTRUL'IION
37110 Mesa Rd.
Temecula, CA 92592-8950
(909) 302-5965
Gary D. Clapp, Owner
7
R:~naintain\workorders\Toran 024)3 Agrmthmastcr const agrmt
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Contractor for the future repair, improvement, maintenance and/or
construction upon real and personal property of the City of Temecula. Work will include emergency repairs,
emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning
work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost of
material which will be required and the estimated cost of labor and equipment necessary to complete the work
in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work orally to
the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith
confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the
work. The performance of the work shall be pursuant to the terms of this Agreement.
$
R:~mainlain\workorders\Toran 02-03 Agrmtkmaster const agrmt
EXHIBIT B
LABOR AND EQUIPMENT RATES
R:~maintain\workordecs\Toran 02-03 Agrmt~master const agrmt
TORAN DEVELOPMENT & CONSTRUCTION
37110 Mesa Rd.
Temecula, Ca. 92592-8950
Phone-909-302-5965
UPDATED TIME & MATERIAL
City of Temecula
43200 Business Park Dr.
Att: Brad Buron
05/14/02
To Whom It May Concern:
As per your request on 5/06/02 concerning an updated time and material sheet from our
company-
Forman w/tmck- $62.50
Labor- $54.50
All material is cost + 15%
Commemial General Liability and Worker's Compensation Insurance is already on file with
your office.
Sincerely,
Gary D. Clapp
Toran Development & Construction
Th~nk I/rill fnr th~ nnnnrt,,nitu tn ha nf e,~fltir, a fr~ ~tr~H !
TORAN DEVELOPMENT & CONSTRUCTION
37110 Mesa Rd.
Temecula, Ca. 92592-8950
Phone-909-302-5965
UPDATED TIME & MATERIAL
City of Temecula
43200 Business Park Dr.
Temecula, Ca. 92590
Att: Brad Buron
Old Town
Boardwalk, all streets
Temecula, Ca.
SCOPE: Old Town price break down.
05/14/02
1 .) Paint:
a. light poles ................................................................................................................... $110.00 ea.
b.map structures ............................................................................................................... $85.00 ea.
c.boxes ............................................................................................................................. $35.00 ea.
d.archcs .......................................................................................................................... $225.00 ea.
e.buss stop ..................................................................................................................... $185.00 ea.
f. telephone structure ........................................................................................................ $95.00 ea.
g.repaint restroom exterior only .................................................................................. $5,810.00 ea
2.) Boardwalk(aprox. 20,000 sq.fl.)
a. seal only ...................................................................................................................... $1.35 sq.ft.
b. sand any high,or bad spots ........................................................................................... $.50 sq.fi.
c. add wood plugs ........................................................................................................... $1.00 sq.ft
3.) Clean, pressure wash and paint Main Street bridge ...................................................... $4,978.75
4.) Steam clean, pressure wash and seal coat with City supplied sealer 7,985 1.£. of city walk,
curb and gutter ..................................................................................................................... $2.28 1.f.
5.) To cut and add hardware to make old whiskey barrels in to trash barrels ................ $138.75each
Gary D. Clapp
ITEM 13
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE~"
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
~l~v/William G. Hughes, Director of Public Works/City Engineer
DATE: June 25, 2002
SUBJECT:
PREPARED BY:
Award the Construction Contract for Project No. PW02-03
Pavement Rehabilitation Program - Rancho California Road
Er~er Atter, Senior Engineer
c Weck, Assistant Engineer
RECOMMENDATION: That the City Council:
Award a construction contract for Project No. PW02-03 Pavement Rehabilitation
Program - Rancho California Road to R.J. Noble Company in the amount of
$593,194.85 and authorize the Mayor to execute the contract.
Authorize the City Manager to approve change orders not to exceed the contingency
amount of $59,319.49 which is equal to 10% of the contract amount.
BACKGROUND: On May 28, 2002 the City Council approved the Construction Plans and
Specifications and authorized the Department of Public Works to solicit construction bids for the
subject project.
The program includes the rehabilitation of deteriorated city streets by reconstructing the roads and
replacing the associated pavement delineation, and traffic signal detection loops. The Pavement
Management System Project for FY2001-2002 is included in the City's Capital Improvement
Program.
This project will rehabilitate Rancho California Road between Hope Way and Cosmic Drive. A
subsequent project, FY2002-2003, will continue the rehabilitation of Rancho California Road east of
Cosmic Drive.
Five (5) bids were received and publicly opened on June 18, 2002, the results were as follows:
1. R.J. Noble Company $593,194.85
2. All American Asphalt $619,182.00
3. Road Builders, Inc. $644,944.50
4. Holland-Lowe Construction $738,032.20
5. McLaughlin Engineering & Mining $791,318.75
A copy of the bid summary is available for review in the City Engineer's office.
1
R:~AGENDA REPORTS~002~)62502\PW02-03awd. DOC
Staff has reviewed the bid proposals and found R.J. Noble Company of Orange, California to be the
lowest responsible bidder for this project. R.J. Noble Company has extensive experience in read
construction projects, and have successfully completed similar projects for the City in the past.
The Engineer's estimate for this project was $820,000.
FISCAL IMPACT: The Pavement Rehabilitation Program is a Capital Improvement Project
funded through Measure A and Assembly Bill 2928 funds. Adequate funds are available for the
Pavement Rehabilitation - Rancho California Road, Project No. PW02-03 in Account No. 210-165-
655-5804. The total project cost is $652,514.34 which includes the contract amount of $593,194.85
plus 10% contingency of $59,319.49.
A'rrACHMENT:
1. Location Map
2. Project Description
3. Contract
2
R:~AGENDA RE PORTS~002~062502\PW02-03awd. DOC
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW02-03
PAVEMENT REHABILITATION PROGRAM - RANCHO CALIFORNIA ROAD
THIS CONTRACT, made and entered into the 25th day of June, 2002, by and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and R.J. Noble Company,
hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
,8.
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02-
03, PAVEMENT REHABILITATION PROGRAM - RANCHO CALIFORNIA ROAD,
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 (hereinafter,
"Standard Specifications") as amended by the General Specifications, Special Provisions,
and Technical Specifications for PROJECT NO. PW02-03, PAVEMENT
REHABILITATION PROGRAM - RANCHO CALIFORNIA ROAD. Copies of these
Standard Specifications are available from the publisher:
Building News, Incorporated
1612 South Clementine Street
Anaheim California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW02-
03, PAVEMENT REHABILITATION PROGRAM - RANCHO CALIFORNIA ROAD.
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
tieu 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.
CONTRACT CA-1 R:\C[P/PROJ ECTS~PW02~PW02-03 Rehab~CONTRACT.d0cCONTRACT
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 NO. PW02-03, PAVEMENT REHABILITATION PROGRAM - RANCHO
CALIFORNIA ROAD
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: FIVE
HUNDRED NINETY THREE THOUSAND ONE HUNDRED NINETY FOUR DOLLARS
and EIGHTY FIVE CENTS ($593,194.85), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed Seventy five (75)
working days, commencing with delivery of a Notice to Proceed by CITY. 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
LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
CONTRACT CA-2 R:\CI P,P ROJ E CTS\PW02~PW02-03 Rehab\CONTRACT.docCONTRACT
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. The Council hereby delegates its authority to reduce
the retention to the Engineer.
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
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.
CONTRACT CA-3 R:ICIP~ ROJ E CT S~PW02~PW02-03 Rehab\CONTRACT.docCONTRACT
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11.
INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12.
GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15.
NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonabte
times be subject to inspection and audit by any authorized representative of the CITY.
17.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
CONTRACT CA~ R:\ClP~PROJECTS\PW02~PW02-03 Rehab\CONTRACT.docCONTRACT
18.
19.
20.
21.
22.
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.
PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of the City of Temecula has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than the City of Temecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
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:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT CA-5 R:\CIP, PROJECTS\PWOLAPW02-03 Rehab\CONTRACT.docCONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
R.J. Noble Company
15505 E. Lincoln Ave
P.O. Box 620
Orange, CA 92856
(714) 637-1550
Stan Hilton, Secretary
DATED:
CITY OF TEMECULA
Ron Roberts, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
CONTRACT CA-6 R:\CIP, PROJ ECTS\PW02~PW02-03 Rehab\CONTRACT,docCONTRACT
ITEM 14
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City ManagedCity Council
APPROVAL ~"~/f,, ~
CITY ATTORNEY _,Z~_~_ II
DIRECTOR OF FINANCE ..,L_G¢~'11
CITY MANAGER
~William G. Hughes, Director of Public Works/City Engineer
June 25, 2002
Completion and Acceptance for Citywide Asphalt Concrete Repairs for
FY2000-2001 - Project No. PW01-01
PREPARED BY:
Amer Attar, Senior Engineer
Steven Beswick, Associate Engineer
RECOMMENDATION: That the City Council:
1. Accept the Citywide Asphalt Concrete Repairs for FY2000-2001-Project No. PW01-01, as
complete.
2. File a Notice of Completion, release the Performance Bond, and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract.
3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion,
if no liens have been filed.
BACKGROUND: On June 26, 2001, the City Council awarded the contract to Cunningham-
Davis Corporation for an amount of $117,587.20.
This asphalt repair project for FY2000-2001 is part of the Annual Street Maintenance Program. This
program involves fixing portions of streets that require minor repairs and the associated pavement
striping and legends.
The Contractor has completed the work in accordance with the approved plans and specifications
and within the allotted contract time to the satisfaction of the City Engineer. The construction
retention for this project will be released on or about 35 days after the Notice of Completion has
been recorded.
FISCAL IMPACT: The bid price for this project was $117,587.20. Change orders increased the
contract amount by $10,929.40, bringing the total cost of the project to $128,516.60. This project
was funded through the Public Works Department, Maintenance Division, FY2001-02, from Account
No. 001-164-601-5402 for Routine Street Maintenance.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
1
R:~GENDA REPORTS~2002\O62502\PW01-01ACCEPT,DOC
RECORDING REC~UESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
92590.
The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California
3. A Contract was awarded by the City of Temecula to Cunningham-Davis Corp. to perform the
following work of improvement:
CITYVVlDE A.C. REPAIRS FY2000-01
Project No. PW01-01
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 June 25, 2002. That upon said
contract the American Motorists Insurance 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:
Citywide A.C. Repairs FY2000-01, Project No. PW01-01
The location of said property is: Various Citywide Streets, Temecula, California
Dated at Temecula, California, this 25th day of June 2002.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
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.
th
Dated at Temecula, California, this 25 day of June 2002.
Susan W. Jones CMC, CityClerk
R:~CIPtPRO JECTS~W01\PW01~1 \CO M P LETN.N OT.doc
05/29/2002 00:47 909-795-5200
CU~INGH~M DAVIS
PAGE 02
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MNNTEN~NCE BoND Bond No. 3SM 989 428 00 - A
PROJECT NO. pW01-01
CITYWIDE A.C. REPAIRS FY2000..01
KNOW ALL PERSONS BY THESE PRESENT THAT:
Premium Is Included In
The Performance Bond
Cunninsham-Davis Corporation, P 0 Box 729, Calimesa CA 92320
NAME AND ADDRESS CONTRACTOR'S
a
Corporation
, hereinafter called Principal, and
American Motorists Insurance Company, 7470 N Figueroa, Los Angeles CA 90041
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held end firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, In the penal sum of One Hundred ~enty-eight thousand" '"
five hundred sixteen DOLLARS an~J sixty CENTS
($ ... 128,516.60 ) in lawful money of the United States, said sum being not' less than ten
(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 assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the OWNER, dated the 26 day of June , 2001, a copy
of which is hereto attached and made a parl hereof for the construction of PROJECT NO. PW01-
01, ClTYWIDE A.C. REPAIRS FY2000-01.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned 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 workmanship and materials which may become apparent during said period;
and
WHEREAS. the said Contract has been completed, and was the final estimate approved on
.'~'-~,',~ January 1. ,200~. 2
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH. that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the carrying out of the terms of said Contract, or it shall appear that defective materials were
furnished thereunder, then this obligation shall remain in tull force and virtue, otherwise this
inslrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by
the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included Jn any judgment rendered.
UANTENANC;E BONO U,1 R.~CIP~ROJECTSlPW~1~ 1~ EW BID DOC
05/29/2802 00:47 900-795-5280 CUNNINGHAN DAVIS PAGE 03
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract, or to the work to be performed thereunder, or to the specifications
a~companying the same, shall in an)/way affect its obligations on this bond, and it does hereby
waive notice of any eueb change, extension of time, alteration, or addition to the terms of the
Contract. or to the work, or lo the Specifications.
Signed and sealed this 4th day of June ,2001~2
(Sea{)
American Motorists Insurance Company
~Iudith K. Austin
(Name)
At t orne¥-±n-Facl;:
(Title)
Cunningham-Davis Corporation/~
PRINClPA~L. / /
(Name) .~ . ~
{Title)
APPROVED AS TO FORM:
By: ,,
Peter M. Thorson, City Attorney
(Name)
(Title)
MNNT~"NANCE BOND M.2 R;~:Ila~PROJ ECTS"PW01~ 1~ EW BI0 DOC
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALiFORNiA
COUNTY OF SAN BERNARDINO
SS
On June 4, 2002 before me, LYN M. ROWLEY, a Notary Public in and for the State of
California, personally appeared Judith K. Austin, personally known to me, and acknowledged
to me that SHE executed the same in HER authorized capacity and that by HER signature on
the instrument, the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
~1/~ Public, S~te of California
~ Commission # 1316102
~ Notary Public - California
This area for O~cial Notarial Seal
OPTIONAL
Although the information below is optional, it could prevent fraudulent attachment of this
certificate to unauthorized document.
Capacity claimed by Signer:
__ Individual(s)
__ Corporate Officer(s)
__ Partner(s)
X Attorney-in-Fact
__ Trustee(s)
__ Subscribing Witness
Guardian/Conservator
Other:
Signer is representing (name of person(s) or
entity(s):
American Motorists Insurance Company
Description of Attached Document:
Maintenance Bond - Cunningham Davis -
City of Temecula
Title or type of document
2
Number of pages
June 4, 2002
Date of Document
Signer(s) other than named above:
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
Scott Lihme, Judith K. Austin and Karen M. Adcock of SAN BERNARDINO, CA (EACH)
their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth hei'ein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTIE3, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys~in~fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and ether writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by tl~e Executive Committee of the Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall
continue to be valid and binding upon the Company."
FK 09 75 (Ed. 09 01) Page '1 of 2 Printed in U.S,A.
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PWOl-Ol
ClTYWIDE A.C. REPAIRS FY2000-01
This is to certify that ~.-~p(hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, t~at 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. PW01-01,
ClTYWlDE A.C. REPAIRS FY2000-01, situated in the City of Temecula, State of California, more
particularly described as follows:
PROJECT NO. PW01-01, CITYWIDE A.C. REPAIRS FY2000-01
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
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 contract amount which the
CONTRACTOR has not disputed above.
Dated:
CONTRACTOR
Signature
Print Name and Title
RELEASE R-1 R:CIP~PROJ ECTS~PW01-01~NEW BID DOC
ITEM 15
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANfCE__~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council
James B. O'Grady, Assistant City Manager
June 25, 2002
Resolution of Support-Creation of a Federal Cabinet level agency to
oversee Homeland Security
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council consider adopting the following resolution:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE CREATION OF A CABINET
LEVEL AGENCY TO OVERSEE HOMELAND SECURITY
BACKGROUND: The President's most important job is to protect and defend the American
people. The changing nature ofthe threats facing America requires a new government structureto
protect against enemies that can strike with a wide variety of weapons. Today no one single
government agency has homeland security as its primary mission. In fact, responsibilities for
homeland security are dispersed amonq more than 100 different .qovernment orqanizations.
America needs a single, unified homeland security structure that will improve protection against
today's threats and be flexible enough to help meet the unknown threats of the future.
The President proposes to create a new Department of Homeland Security, the most significant
transformation of the U.S. government in over a half-century by largely transforming and realigning
the current confusing patchwork of government activities into a single department whose primary
mission is to protect our homeland. The creation of a Department of Homeland Security is one more
key step in the President's national strategyfor homeland security.
As proposed, the Department of Homeland Securitywould have a clear and efficient organizational
structure with four divisions:
· Border and Transportation Security
· Emergency Preparedness and Response
· Chemical, Biological, Radiological and Nuclear Countermeasures
· Information Analysis and Infrastructure Protection
This item has been placed on the agenda at the request of Councilmember Jeff Comerchero. In
addition, support for this proposed depadment is consistent with resolutions adopted as part of the
National League of Cities (NLC) National Municipal Policy last December as well as NLC's testimony
before Congress.
FISCAL IMPACT: None at this time
Attachments:
Resolution 02-
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF
TEMECULA SUPPORTING THE CREATION
OF A CABINET LEVEL AGENCY TO OVERSEE
HOMELAND SECURITY
WHEREAS, the President's most important job is to protect and defend the American
people; and
WHEREAS, since September 11, all levels of government have cooperated like never
before to strengthen aviation and border security, stockpile more medicines to defend against
bioterrorism, improve information sharing among our intelligence agencies, and deploy more
resources and personnel to protect our critical infrastructure; and
WHEREAS, responsibilities for homeland security are dispersed among more than 100
different government organizations; and
WHEREAS, the President proposes to create a new Department of Homeland Security
which would make Americans safer; and
WHEREAS, One department whose primary mission is to protect the American
homeland; and
WHEREAS, One department to secure our borders, transportation sector, pods, and
critical infrastructure; and
WHEREAS, One department to synthesize and analyze homeland security intelligence
from multiple sources; and
WHEREAS, One department to coordinate communications with state and local
governments, private industry, and the American people about threats and preparedness; and
WHEREAS, One department to coordinate our efforts to protect the American people
against bioterrorism and other weapons of mass destruction; and
WHEREAS, One department to help train and equip for first responders; and
WHEREAS, One department to manage federal emergency response activities; and
WHEREAS, More security officers in the field working to stop terrorists and fewer
resources in Washington managing duplicative and redundant activities that drain critical
homeland security resources; and
NOW THEREFORE BE IT RESOLVED that the City of Temecula favors and supports
the creation of a Cabinet level agency to oversee homeland security and urge prompt bipartisan
action to make that happen; and
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula at a regular meeting held on the 25th day of June 2002.
ATTEST:
Ron Roberts, 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. 01- was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 25th day of October, 2002, by the following vote:
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
ITEM 16
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC_E
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
James B. O'Grady, Assistant City Manager~./--~
June 25, 2002
Lease Agreement with County of Riverside for Property at Redhawk Parkway
and Overland Trail (Interim Fire Station//92)
RECOMMENDATION: Staff recommends approval of the attached agreement.
BACKGROUND: On November 19, 2001, the City of Temecula began operating
Interim Fire Station #92, located at the northeast corner of Redhawk Parkway and
Overland Trail. This Fire Station provides fire and emergency medical services for the Vail
Ranch and the southerly portion of Temecula, as well as residents of the Redhawk and
other nearby unincorporated areas. This station is located on land currently held in title by
Riverside County through a temporary license agreement.
City of Temecula and Riverside County staffs have developed an agreement to provide a
longer-term arrangement for this property. The attached agreement provides the following:
· Allows use of the property for the Interim Fire Station
· Provides for the ultimate use of property for park purposes. City agrees to work
with the County in planning these improvements.
· County will transfer ownership of the property to the City for a nominal fee prior to
award of construction for park purposes.
· Term is for 24 months, with a one-year option period.
· Rent is $1.00 per year.
FISCAL IMPACT: Operational costs of Fire Station 92 are approximately $844,000 per
year. The City was budgeted $59,000 in the FY 02/03 Capital Improvement Budget for
design of the ultimate park improvements.
ATTACHMENT:
Proposed lease agreement
Cou
IDlg
FACILITIES MANAGEMENT
MICHAEL J. SYLVESTER
DESIGN & CONSTRUCTION
REAL ESTATE
MAINTENANCE
CUSTODIAL
June 5,2002
James B. O'Grady
Assistant City Manager
43200 Business Park Drive
Temecula, California 92590
JUN i
Re: Lease Arrangement
Redhawk Parkway and Overland Trail
Dear Jim:
Enclosed please find three copies of the revised Lease Arrangement per your April 29,
2002 request. Please sign and return the original and one copy for further processing.
The third copy is for your files.
I will provide you with a fully executed Lease Arrangement upon its approval by the
County.
I may be reached at (909) 955-4824 if I may be of further assistance.
Sincerely,
Susan Echito
Senior Real Property Agent
SE:js
Enclosure: Lease Arrangement
cc: File TM023
3133 MISSION INN AVENUE ° RIVERSIDE, CA 92507 · (909) 955-4800 ° FAX (909) 955-9289
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LEASE ARRANGEMENT
COUNTY OF RIVERSIDE AND CITY OF TEMECULA
The COUNTY OF RIVERSIDE, County, leases to the CITY OF TEMECULA,
City, the property described below upon the following terms and conditions:
1. Description. The real property hereby leased consists of that
certain parcel located in the unincorporated area of the County at Redhawk Parkway
and Overland Trail, legally described as Lot 2 of Tract No. 23174, as shown on map on
file in Book 230, pages 1 through 4 inclusive, of Maps in the office of the County
Recorder of the County of Riverside, State of California, as more particularly described
in the legal description herein attached hereto as Exhibit "A" and by this reference made
a part of this Lease.
2. Use.
(a) The property is leased to City for the convenience and desire
of County to provide City real property to utilize this site for an interim fire station to
provide fire protection to the communities of Vail Ranch and Redhawk on an interim
basis.
(b) City plans to construct' permanent park improvements on the
property upon the termination of this Lease and City agrees to work with the County and
local residents in the planning of such improvements.
(c) City shall notify County no less than sixty (60) days prior to
the date of anticipated award of construction for the park improvements. County agrees
to transfer ownership of the property to the City for a nominal fee prior to the award of
construction for said park improvements.
3. Term. The term of this Lease shall be for a period commencing
upon execution of this Lease by County and ending twenty-four (24) months from the
date of commencement.
4. Option to Extend.
(a) County grants to City'one option to extend the Lease 'term
for a period of one year subject to the condition§ 'described in this Section 4.
(b) The extension option shall be exercised by City delivering to
County written notice thereof no later than sixt~ (60) days prior to expiration of the
original term.
5. Rent. City shall pay the SUm of One Dollar ($1100) per year to
County as rent for the property, payable, in ~l.~/ance for the entire term of this lease
upon execution of this Lease by County.
Page 1 of 3
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6. Improvements.
(a) City shall construct improvements on said property mutually
agreeable to City and County as part of the interim fire station improvements.
(b) Improvements performed by City on said property shall be in
accordance with all federal, state and local laws, ordinances, rules, codes and
regulations including, but not limited to, fire, health and safety. City agrees to bear all
costs and expenses related to the improvements.
(c) City shall remove improvements and debris from the
property prior to the termination of this Lease and leave the surface of the property in a
neat condition.
7. Hold Harmless. City agrees to indemnify County and William
Lyon Homes (formerly Presley Homes) for liability or claim for damage for personal
injury, death, or property damage resulting from the City's negligent acts or omissions
on the property during the term of this Lease.
8. Notices.
County of Riverside:
Department of Facilities Management
Real Estate Division
3133 Mission Inn Avenue
Riverside, California 92507-4199
City of Temecula:
Assistant City Manager
43200 Business Park Drive
Temecula, California 92590
9. Quiet Enjoyment. County covenants that Lessee shall at all times
during the term of this Lease peaceably and quietly have, hold and enjoy the use of the
property so long as City shall fully and faithfully perform the terms and conditions that it
is required to do so under this Lease.
10. Binding on Successors. The terms and conditions herein
contained shall apply to and bind the heirs, successors in interest, executors
administrators, representatives and assigns of all the parties hereto.
11. Severability. The terms and conditions in this Lease as determine(
by a court of competent jurisdiction shall in no way affect the validity of='any other
provision hereof. ' ~:'
12. Venue. Any action at law or in equity brought by either of the
parties hereto for the purpose of enforcing a right or rights provided for by this Lease
shall be tried in a court of competent jurisdiction in the County of Riversidel State ot
California, and the parties hereto waive all provisions of law providing for. a .change of
venue in such proceedings to any other county. ..
Page 2 of 3
SE:js
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TM023
7.474
I 13. Attorneys' Fees. In the event of any litigation or arbitration
between City and County to enforce any of the provisions of this Lease or any right of
2 either party hereto, the unsuccessful party to such litigation or arbitration agrees to pay
to the successful party all costs and expenses, including reasonable attorneys' fees,
3 incurred therein by the successful party, all of which shall be included in and as a part of
the judgment rendered in such litigation or arbitration.
4
5 14. County's Representative. County hereby appoints the
Director of Facilities Management as its authorized representative to administer this
6 Lease.
? 15. Entire Lease. This Lease is intended by the parties hereto as
a final expression of their understanding with respect to the subject matter hereof and
$ as a complete and exclusive statement of the terms and conditions thereof and
9 supersedes any and all prior and contemporaneous leases, agreements and
understandings, oral or written, in connection therewith. This Lease may be changed or
1-0 modified only upon the written consent of the parties hereto.
1_! 16. Interpretation. The parties hereto have negotiated this Lease
at arms length and with advice of their respective attomeys, and no provision contained
12 herein shall be construed against County solely because it prepared this Lease in its
1_3 executed form.
17. Authority. The authority for the Director of the Department of
Facilities Management to execute this lease is contained in Resolution No. 97-252,
heretofore approved by the County's Board of Supervisors on December 9, 1997.
16 18. This Lease shall not be binding or consummated until its approval
1.?. by the County's Director of Facilities Management.
18 Dated: CITYOF TEMECULA
19 By:
21 Title/Name
2~ Dated:
23 COUNTY OF RIVERSIDE
24 By:.
25 MICHAEL J. SYLVESTER, Director
Department of Facilities Management
26
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Page 3 of 3
ITEM 17
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER ~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council
Shawn Nelson, City Manager
June 25, 2002
City Attorney Services Contract Amendment #3
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council approve Amendment #3 to the Agreement with
Richards, Watson and Gershon, Attorneys at Law, to increase the hourly rates for City Attorney
services provided.
BACKGROUND: On June 27, 2000 the City Council approved an Amendment #2 to the
Agreement for City Attorney Services with Richards, Watson and Gershon Attorney's at Law (RWG).
At that time, rates were negotiated for both basic retainer services as well as for additional services
provided by members of the firm other than the City Attorney/Assistant City Attorney. All hours
provided by the City Attorney/Assistant City Attorney in addition to the retainer were set at $140 and
$135 per hour, respectively. In accordance with Section 4.A. and 4.B. of the agreement with the
City, Richards, Watson and Gershon, Attorneys at Law are proposing an increase of fees for legal
services beginning July 1, 2002 with the new fiscal year.
The proposed fees establish a new rate structure in which the routine work will be billed at separate
rates from the specialized work. This structure reflects the competitive market for legal services in
California. While the market rates for routine city attorney work are comparable to our current and
proposed rate for routine services, the market rates for specialized municipal legal services are
significantly higher than our current and proposed retes for these services. RWG has also simplified
the rate structure with only three categories of rates for attorneys rather than each attorney having
an individual rate. Even in the specialized areas, the maximum rates, except for environmental
work, will only be $10 per hour higher than the highest current hourlyrate.
The proposed rates in the specialized areas reflect a nearly 40% discount for the City from RWG's
standard rates. Additionally, due to the complex nature of the City's work, Peter Thorson and Bill
Curley are personally handling the majority of the City's advisory work. The City is currently
receiving a 60% discount on the firm's standard rates for Mr. Thorson and Mr. Cudey. Adjustment of
the hourly rate schedule by approval of this contract shall be increased byfive dollars ($5.00) per
hour on July 1 of each year beginning on July 1, 2003. Any other adjustments in the rates shall
require approval of the City Council.
The proposal and hourly rates for all attorneys are attached for the Council's information.
FISCAL IMPACT: Funds are available in the Fiscal Year 2002-03 Annual Operating Budget
to accommodate the proposed hourly rate increases. Approximate fiscal impact to the General Fund
is estimated at $42,000 per year. Staff will monitor and evaluate the legal budget at mid-year for any
necessary modifications. Rate increases within areas such as financing (CFD's) and development
agreements will be reimbursed by the developers for their respective projects.
Attachments:
1. Third Amendment to Agreement to CityAttorney Services
2. Richard, Watson & Gershon Hourly Rates for the City of Temecula
THIRD AMENDMENT TO AGREEMENT
FOR CITY ATTORNEY SERVICES
THIS THIRD AMENDMENT to Agreement for City Attorney Services is made
and entered into by and between the City of Temecula, a general law city (hereafter "City"), and
Richards, Watson & Ger~hon, Attorneys at Law, a professional corporation (hereafter "RWG"),
and shall be dated as of June 25, 2002. In consideration of the mutual covenants and agreements
set forth herein, the parties agree as follows:
1. On April 24, 1996 the parties entered into that certain agreement entitled
"Agreement for City Attomey Service." This Agreement was amended June 24, 1997 and on
June 27, 2000. The April 24, 1996 Agreement, as amended, shall be known as the "Agreement".
The parties now desire to amend the Agreement to provide for an adjustment in the fees for city
attorney services.
follows:
Sections 4.A. and 4.B.1. of the Agreement is hereby amended to read as
"SECTION 4. COMPENSATION. RWG shall be compensated for the
performance of such services as follows:
"A. Hourly Rates. RWG shall be compensated for the performance
of legal services in accordance with the hourly rates for service set forth on the
Hourly Rate Schedule, attached to this Agreement as Exhibit A and incorporated
herein as though set forth in full. The terms of this Agreement and the Hourly
Rate Schedule shall apply to legal services performed for entities affiliated with
the City, including the Redevelopment Agency of the City of Temecula, the
Temecula Community Services District, and the Temecula Public Financing
Authority.
"1. Administration of Hourly Rate Schedule. RWG shall,
subject to the approval of the Director of Finance, designate the appropriate rate
schedule for a matter being handled by RWG. In July and January of each year,
and as may be needed during the remainder of the year, RWG shall provide to the
Director of Finance a revised Hourly Rate Schedule showing the addition or
deletion of attorneys, the change in status of the Associate attorneys, and any rate
adjustments, if applicable. Upon approval of the revised Hourly Rate Schedule by
the Director of Finance, the Revised Hourly Rate Schedule shall be deemed an
amendment to this Agreement.
"2. Adjustment of Hourly Rate Schedule. The
rates set forth on Exhibit A shall be increased by five dollars ($5.00) per hour on
July 1 of each year beginning on July 1, 2003. Any other adjustments in the rates
shall require approval of the City Council.
645747.1 June 17, 2002 1
"B. Cost Reimbursement and Payment for Services. Reimbursement
for costs incurred in the representation of the City and the payment for services
rendered shall be in accordance with the following requirements:
[Intentionally Deleted.]
[Intentionally Deleted.]
[Intentionally Deleted.]
3. The amendments to the Agreement described in this Third Amendment to
Agreement shall not be effective until July 1, 2002
4. Except as specifically amended by the provisions of this Agreement, all
other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment
to Agreement to be executed the day and year first above written.
CITY OF TEMECULA, a General Law City
Ron Robe,s
Mayor
Attest:
Susan Jones, CMC
City Clerk
645747.1 June 17,2002 2
RICHARDS, WATSON & GERSHON
ATTORNEYS AT LAW, a professional corporation
By:
Kayser O. Sume
Chairman of the Board
By:
Secretary
2/28/01 645747.1
EXHIBIT A
HOURLY RATE SCHEDULE
2/28/D1 645747.1
RICHARDS, WATSON & GERSHON
HOURLY RATES FOR CITY OF TEMECULA
EFFECTIVE JULY 1, 2002
General Municipal Work. This work consists of providing legal advice on municipal law
matters, attendance at City Council and Planning Commission meetings, office hours at City
Hall and review and approval of standard agreements,. This work shall not include work on
other categories of work listed in this Exhibit. The hourly rates for this work are:
Peter M. Thorson, City Attorney
William P. Curley, III, Assistant City Attorney
Shareholder Rate
Senior Associate Rate
Associate Rate
$145
$145
$185
$170
Standard
Tort Defense Litigation. Defense or prosecution of personal injury, death or property
damage litigation based on alleged negligence or dangerous conditions of public property. The
hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$180
$165
Standard
General Litigation. Litigation involving defense or prosecution of writs of mandate,
injunctions, breach of contract, inverse condemnation, eminent domain, election proceedings,
or administrative proceedings, except as otherwise provided in this Exhibit. The hourly rates
for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$210
$185
Standard
Land Use Projects. The drafting and negotiation of all development agreements and the
drafting and negotiation of land use entitlements for significant land use projects in excess of
five (5) acres. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$210
$185
Standard
Redevelopment and Real Estate Matters. General advice relating to legal matters of the
Redevelopment Agency and real estate matters for the City, the drafting and negotiation of
agreements relating to real estate matters for the Redevelopment Agency and the City,
including owner participation agreements and disposition and development agreements,
easements, covenants, conditions and restrictions, housing assistance matters, and the sale or
acquisition of interests in real property. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$200
$185
Standard
Financings. Legal work involving the drafting, review and negotiation of agreements and
documents related to financings in which the City or one of its affiliated entities are involved,
including tax allocation bonds, community facilities districts, certificates of participation, and
assessment districts. Work of the firm as bond counsel or disclosure counsel would be subject
to a separate compensation agreement between the City and the fn'm. The hourly rates for
this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$210
$185
Standard
Personnel and Labor Relations. Advice concerning employee hiring and termination,
compensation and benefits, labor negotiations, administrative hearings relating to personnel
and labor matters. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$195
$175
Smndard
Environmental. Legal work concerning state and federal hazardous waste laws,
including CERCLA and NPDES, compliance audits, appearance before state and federal
agencies concerning enforcement actions or permit applications, and litigation relating to such
issues. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$230
$195
Standard
Attorneys Designated as Shareholders. The following attorneys are the firm's senior
attorneys with more that seven years experience in their respective fields:
Glenn R. Watson (GRW)
Mark L. Lamken (MLL)
Erwin E. Adler (EEA)
Darold D. Pieper (DDP)
Steven L. Dorsey (SLD)
William L. Strausz (WLS)
Mitchell E. Abbott (MEA)
William B. Rudell (WBR)
Gregory W. Stepanicich (GWS)
Rochelle Browne (RB)
William K. Kramer (WKK)
John J. Harris (JJH)
Martha M. Escutia (MME)
Peter M. Thorson (PMT)
James L. Markman (JLM)
Quinn M. Barrow (QMB)
Carol W. Lynch (CWL)
Sayre Weaver (SW)
Gregory M. Kunert (GMK)
Thomas M. Jimbo (TM J)
Jim Grayson (JG)
Amy Greyson (AG)
Roy A. Clarke (RAC)
Sayre Weaver (SW)
Steven H. Kaufmann (SHK)
Gary E. Gans (GEG)
Kevin G. Ennis (KGE)
Robin D. Harris (RI)H)
Michael Estrada (ME)
Laurence S. Wiener (LSW)
Steven R. Orr (SRO)
William P. Curley, III. (WPC)
Craig A. Steele (CAS)
T. Peter Pierce (TPP)
Robert C. Ceccon (RCC)
Deborah R. Hakman (DRH)
B. Tilden Klm (BTK)
Saskia T. Asamura (STA)
Kayser O. Sume (KOS)
Terence R. Boga (TRB
Lisa Bond (LB)
Janet E. Coleson (JEC)
Claudio R. Chavez (CRC)
D. Craig Fox (DFC)
Michael F. Yoshiba (MFY)
Regina N. Danner (RND)
Attorneys Designated as Senior Associates. The following attorneys are the fu'm's
senior associates with between four and seven years experience in their respective fields:
Eric M. Alderete (EMA)
Theresa Ho-Urano (THU)
Elana A. Luber (EAL)
Robert H. Pittman (RHP)
Roxanne M. Diaz (RMD)
Chandra Gehri Spencer (CGS)
Ann M. Mauer (AMM)
Peter K. Kim (PKK)
Paula Gutierrez Baeza (PGB)
Associate Rates. The following are the firms associates in their first through third years of
practice:
Third Year Associates (1999)
Alexander Abbe (AA)
Amy Alderfer (ABA)
Tom K. Ara (TKA)
Effie K. Turnbull (EKT)
Carrie H. Ahn (CHA)
Juliet E. Cox (JEC)
155
Second Year Associates (2000)
Patrick K. Bobko (PKB)
Mark E. Mandell (MEM)
Robert Watson (RW)
George M. Yin (GMY)
140
First Year Associates (2001)
Kelly M. Casillas
Matthew De Ferranfi
Sonali Sarkar Jandial
David M. Snow
125
Legal Assistants/Paralegals
Kerry Liberty (KL)
Mona Krane (MK)
Belinda Olmos (BO)
90
Note: Associate year changes on January 1st of each year corresponding to Bar admission
dates.
-4-
RICHARDS I VVATSON j GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
355 South Grand Avenue, 4oth Floor, Los An§ekes, CaLifornia 9oo7~-3~o~
Telephone 213.626.8484 Facsimile 213.626.oo78
Peter M. morso. February 28, 2002
pthorson@rwglaw.coro
213.253.0216
Shawn Nelson
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, Ca. 92589-9033
Reference: City Attorney Rate Increase
Dear Shawn:
In accordance with Section 4.A. and 4.B. of our agreement with the City, we are
proposing an increase of our fees for legal services beginning on July 1, 2002 with
the new fiscal year. The proposed fees establish a new rate structure in which the
routine work will be billed at separate rates from the specialized work. This structure
reflects the competitive market for legal services in California. While the market
rates for routine city attorney work are comparable to our current and proposed rate
for routine services, the market rates for specialized municipal legal services are
significantly higher than our current and proposed rates for these services. We have
also simplified the rate structure with only three categories of rates for our attorneys
rather than each attorney having an individual rate. Even in the specialized areas, the
maximum rates, except for environmental work, will only be $10 per hour higher
than the highest current hourly rate.
Thc proposed rates in the specialized areas reflect a nearly 40% discount for the City
from our firm's standard rates Additionally, due to the complex nature of the City's
work, Bill Curley and I are personally handling the majority of the City's advisory
work. The City is currently receiving a 60% discount on the firm's standard rates for
Bill and me.
It has been a great pleasure for me both personally and professionally to serve as City
Attorney for the last eight years. I and each of my colleagues who have worked for
the City are extremely proud of our work in helping the Council and Staff create such
a great city. While we are always reluctant to propose a increase in fees, we believe
RICHARDS I WATSON I GERSHON
Shawn Nelson
February 28, 2002
Page 2
the proposed increase is a fair one and appropriate at this time.
As always, if you have any further questions or comments, please do not hesitate to
call me.
Very truly yours,
Peter M. Thorson
CC:
Genie Roberts
Craig Steele
William P. Curley, III
RICHARDS, WATSON & GERSHON
HOURLY RATES FOR CITY OF TEMECULA
EFFECTIVE JULY 1, 2002
General Municipal Work. This work consists of providing legal advice on municipal law
matters, attendance at City Council and Planning Commission meetings, office hours at City
Hall and review and approval of standard agreements,. This work shall not include work on
other categories of work listed in this Exhibit. The hourly rates for this work are:
Peter M. Thorson, City Attorney
William P. Curley, III, Assistant City Attorney
Shareholder Rate
Senior Associate Rate
Associate Rate
$145
$145
$i85
$170
Standard
Tort Defense Litigation. Defense or prosecution of personal injury, death or property
damage litigation based on alleged negligence or dangerous conditions of public property. The
hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$180
$165
Standard
General Litigation. Litigation involving defense or prosecution of writs of mandate,
injunctions, breach of contract, inverse condemnation, eminent domain, election proceedings,
or administrative proceedings, except as otherwise provided in this Exhibit. The hourly rates
for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$210
$185
Standard
Land Use Projects. The drafting and negotiation of all development agreements and the
drafting and negotiation of land use entitlements for significant land use projects in excess of
five (5) acres. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$210
$185
Standard
Redevelopment and Real Estate Matters. General advice relating to legal matters of the
Redevelopment Agency, the drafting and negotiation of agreements for the Redevelopment
Agency, including owner participation agreements and disposition and development
agreements, drafting and negotiation of agreements, housing matters, and the drafting and
negotiation of agreements and related documents for the sale or acquisition of interests in real
property. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$20O
$185
Standard
Financings. Legal work involving the drafting, review and negotiation of agreements and
documents related to financings in which the City or one of its affiliated entities are involved,
including tax allocation bonds, community facilities districts, certificates of participation, and
assessment districts. Work of the firm as bond counsel or disclosure counsel would be subject
to a separate compensation agreement between the City and the firm. The hourly rates for
this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$210
$185
Standard
Personnel and Labor Relations. Advice concerning employee hiring and termination,
compensation and benefits, labor negotiations, administrative hearings relating to personnel
and labor matters. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$195
$175
Standard
Environmental. Legal work concerning state and federal hazardous waste laws,
including CERCLA and NPDES, compliance audits, appearance before state and federal
agencies concerning enforcement actions or permit applications, and litigation relating to such
issues. The hourly rates for this work are:
Shareholder Rate
Senior Associate Rate
Associate Rate
$23O
$195
Standard
Attorneys Designated as Shareholders. The following attorneys are the firm's senior
attorneys with more that seven years experience in their respective fields:
Glenn R. Watson (GRW)
Mark L. Lanflcen (MLL)
Erwin E. Adler (EEA)
-2-
Darold D. Pieper (DDP)
Steven L. Dorsey (SLD)
William L. Strausz (WLS)
Mitchell E. Abbott (MEA)
William B. Rudell (WBR)
Gregory W. Stepanicich (GWS)
Rochelle Browne (RB)
William K. Kramer (WKK)
John J. Harris (JJH)
Martha M. Escutia (MME)
Peter M. Thorson (PMT)
James L. Markman (JLM)
Quinn M. Barrow (QMB)
Carol W. Lynch (CWL)
Gregory M. Kunert (GMK)
Thomas M. Jimbo (TM J)
Jim Grayson (JG)
Amy Greyson (AG)
Roy A. Clarke (RAC)
Sayre Weaver (SW)
Steven H. Kaufmann (SHK)
Gary E. Gans (GEG)
Kevin G. Ennis (KGE)
Robin D. Harris (RDH)
Michael Estrada (ME)
Laurence S. Wiener (LSW)
Steven R. Orr (SRO)
William P. Curley, III. (WPC)
Craig A. Steele (CAS)
T. Peter Pierce (TPP)
Robert C. Ceccon (RCC)
Deborah R. Hakman (DRH)
B. Tilden Kim (BTK)
Saskia T. Asamura (STA)
Kayser O. Sume (KOS)
Terence R. Boga (TRB
Lisa Bond (LB)
Attorneys Designated as Senior Associates. The following attorneys are the firm's
senior associates with more that three to seven years experience in their respective fields:
Jay F. Golida (JFG)
Michael F. Yoshiba (MFY)
-3-
Regina N. Danner (RND)
Theresa H. Buchheit
Janet E. Coleson (JEC)
Eric M. Alderete (EMA)
Elana A. Luber (EAL)
Robert H. Pittman (RHP)
D. Craig Fox (DCF)
Roxarme M. Diaz (RMD)
Chandra Gehri Spencer (CGS)
Ann M. Mauer (AMM)
Peter K. Kim (PKK)
Paula Gutierrez Baeza (PGB)
Effie K. Turnbull (EKT)
Associate Rates. The following are the firms associates in their first through third years of
practice:
Third Year Associates (1999)
Alexander Abbe (AA)
Amy Alderfer (ABA)
Tom K. Ara (TKA)
Carrie H. Ahn (CHA)
155
Second Year Associates (2000)
Patrick K. Bobko (PKB)
Matthew A. Portnoff (MAP)
Mark E. Mandell (MEM)
Robert Watson (RW)
140
First Year Associates (2001)
Kelly M. Casillas
Matthew De Ferranti
Sonali Sarkar Jandial
David M. Snow
125
Legal Assistants/Paralegals
Kerry Liberty (KL)
Mona Krane (MK)
Belinda Olmos (BO)
90
Note: Associate year changes on January 1st of each year corresponding to Bar admission
dates.
ITEM 18
APPROVAI,I~,4,.
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Herman D. Parker, Director of Community Service~/
DATE: June 25, 2002
SUBJECT: First Amendment to the Facility Alarm Systems Service and
Monitoring Agreement with Computer Alert Systems for FY2002-03
PREPARED BY: ~'evin T. Harrington, Maintenance Superintendent
RECOMMENDATION: That the City Council:
1. Approve the Facility Alarm Systems Service and Monitoring Agreement First Amendment with
Computer Alert Systems, Inc. to extend the term of the Agreement to June 30, 2003.
2. Authorize the expenditure of funds in the amount of $ 25,000.00 for alarm monitoring and repair
services.
3. Approve a 10% contingency in the amount of $2,500.00.
BACKGROUND: The Temecula Community Services Department (TCSD) released a Request
for Proposal (RFP) for Facility Alarm Monitoring, Inspection and Repair Services on October 25,
2000. Computer Alert Services, Inc. (CASI)was determined to be the lowest qualified vendor for the
required services. An eighteen-month agreement was awarded to CASI effective January 1,2001,
in the amount of $18,000.00. Since the contracts inception the City has added additional sites for
monitoring and inspection services as well as completing extra work items. Thus increasing the
contract amount to $20,345.00.
Staff is requesting that the term of the agreement with CASI be extended for one year, as allowed
for in the original agreement. The one year extension will increase the contract amount to
$45,345.00 thus exceeding the $25,000.00 approval threshold of the City Manager and will require
Council approval.
The base contract amount for extending monitoring services for Fiscal Year 2002-03 is $ 6,636.00.
In addition an estimated $18,364.00 v~ll be required for repair and installation se~ces.
R:\HARRINGK\AGENDA.RPT\Computer Alert First Amend FY 02-03.doc
FISCAL IMPACT: The amount of the contract with CASI for alarm monitoring, inspection and
repair services, including the 10% contingency for Fiscal Year 2002-03 is $27,500.00. Sufficient
funds have been included in the Annual Operating Budget for Fiscal Year 2002-03 in accounts 190-
180, 190-181, 190-182, 190-184, 190-185, 193-180, 340-701,340-702 and 001-164.
ATTACHMENTS:
Original Agreement
Contract Change Order No. 1
Contract Change Order No. 2
Contract Change Order No. 3
Amendment No. 1
R:\HARRINGK\AGENDA.RPT\Computer Alert First Amend FY 02-03.doc
FIRST AMENDMENT TO AGREEMENT BETVVEEN CITY OF
TEMECULA AND COMPUTER ALERT SYSTEMS, INC.
THIS FIRST AMENDMENT is made and entered into as of June 25, 2002 by and between
the City of Temecula, a municipal corporation ("City") and Computer Aled Systems, 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:
On November 29, 2000 the City and Computer Alert Systems, Inc. entered
into that certain agreement entitled "City of Temecula Agreement
Maintenance Services" ("Agreement").
The parties now desire to amend the Agreement as set forth in this
Amendment. The City desires to exercise its option to extend the Agreement
term for one year, which will subsequently require an increase in payments.
2. TERM. The term of the Agreement is extended to June 30, 2003.
PAYMENT. 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 time spent on the above
tasks. Any terms in Exhibit B other than the payment rates and schedule of payment
are null and void. This amount shall not exceed Forty Five Thousand Three
Hundred Forty Five Dollars and No Cents ($45,345.00) for alarm monitoring,
inspection and repair services for the term of the Agreement, unless additional
payment is approved as provided in this Agreement.
Except for the changes specifically set forth herein, all other terms and conditions of
the original Agreement shall remain in full force and effect.
R:IHARRINGK~AGREEMNI~COMPUTER ALERT ISTAMEN, DOC I
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
BY:
Ron Robeds, Mayor
ATTEST:
BY:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONTRACTOR:
COMPUTER ALERT SYSTEMS~ INC.
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
EXHIBIT "B"
SCHEDULE OF PAYMENT
FACILITY LOCATION Monthly Fee Fire Monthly Fee Yearly Total Fee Per
System Monitoring & Security System Location
Inspection Monitoring Monitoring & Inspection
City Hail, 43200 Business Park $45.00 $25.00 $840.00
Drive
Maintenance Facility, $45.00 $0.00 $540.00
43210 Business Park Drive
Community Recreation Center, $45.00 $37.00 $984.00
30875 Rancho Vista Road
Temecula Community Center, $45.00 $37.00 $984.00
28816 Pujol Street
Mary Phillips Senior Center, $45.00 $15.00 $720.00
41845 6th Street
Temecula Skate Park, $0.00 $25.00 $300.00
42569 Margarita Road
Temecula Valley Museum, $45.00 $0.00 $540.00
28314 Mercedes Drive
Temecula Children's Museum $45.00 $37.00 $984.00
(Trading Post), 42801 Main
Street
Temecula Wedding Chapel, $0.00 $37.00 $444.00
28300 Mercedes Drive
. 6th Street Restroom/Parking $0.00 $25.00 $300.00
Lot,
41952 6TM Street
Total $6,636.00
Costs for repair or extra work authorized by City
MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF
PARTS & EQUIPMENT 40%
HOURLY RATE PER REGUALR MAN HOUR-8am To 5pm $65.00/HR.
Monday through Friday
HOURLY RATE PER OVERTIME MAN HOUR-After-hours, $85.00/HR.
Weekends, Holidays, etc.
Invoices will be submitted on a qumterly basis; one month prior to beginning of each
quarter.
R. INARRINGKbt GREEMNTICOMPUFER ALERT/STAMEN. DOC 3
CITY OF TEMECULA
CONTRACT AGREEMENT
FOR
MAINTENANCE SERVICES
MAINTENANCE CONTRACT, made
THIS and entered into as of,
November 29;- 2000q>wand between: the42-ity=of-Temecuta; and*Computer-Atert-Systemsclnc: ...........
("Contractor"). in consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence on January 1, 2001, and shall
remain and continue in effect until June 30, 2002, unless sooner terminated pursuant to the
provisions of this Agreement. The City reserves the option to extend the contract(s) under the
same terms and conditions for a maximum of two (2) additional one-year terms per the attached
pricing schedule in "Exhibit B".
2. SCOPE OF WORK. Contractor shall perform all of the work described in the
Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all
utility and transportation services required for the Work. All of said Work to be performed
and materials to be furnished for the Work shall be in strict accordance with the specifications
set forth in the Scope of Work.
3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with
the payment rates and schedules and terms 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 Eighteen Thousand Dollars ($18,000.00) for
the total term of the Agreement unless additional payment or change order is approved as
provided in this Agreement.
a. Contractor shall submit invoices monthly for actual services performed
detailing the work performed in a form acceptable to the Director of Finance. 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 non-disputed fees. If the City disputes any of contractor's fees it shall give written notice to
Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice.
4. CHANGE ORDERS. The City Manager may approve additional work
provided such work does not exceed the sum of twenty-five thousand dollars ($25,000.00).
Change orders exceeding these limits shall be approved by the City Council.
5. 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.
R\vollmum~agreements.all\minormaintenance. O0
6. CITY APPROVAL. All labor, materials, tools, equipmem, and services shall
be furnished and work performed and completed subject to the approval of the City or its
authorized representatives.
7. W-AliCER OF CL~iMS~-On 6ib~?0rfi maki~-'fihal requeswfor-paymem ander
Paragraph 3., above, Contractor shall submit to District, in writing, all claims for
compensation under ' or arising out--of-this~ontractvthe acceptance-by~Contractor-cff~theffinal ..........
payment ~hall constitute a waiver of all claims against the City under Or arising out of this
Contract except those previously made in writing and request for payment. Contractor shall be
required to execute an affidavit, release and indemnify agreement with each claim for payment.
8. PREVAILING WAGES. Pursuant to the provisions of Section .1773 of the
Labor Code of the State of California, the District Council has obtained the general prevailing
rate of per diem wages and the general rate for holiday and overtime work in this locality for
each craft, classification, or type of workman needed to execute this Contractor from the
Director of the Department of Industrial Relations. These rates are oa file with the City Clerk.
Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a
copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776,
1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor
Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar
day, or portion thereof, for each laborer, worker, or mechanic, employed, paid less than the
stipulated prevailing rates for any work done under this contract, by him or by any
subcontractor under him, in violation of the provisions of the Contract.
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The 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 9f this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant
to Section 3.
10. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, the City shall have no obligation or duty to continue compensating Contractor
R\vollmum\agreements.all\minormaintenance.00
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 n~egligence of the Contractor, it shall not be considered a default.
........................ 5 ..~2~ 571 ..... ___
b. If the City Manager or his delegate determines that the Contractor is in
-defatiltfin~he performancemf~any~f~the=terms~0r~onditiuiis'-~f-t~g~e~t, it'-~lJalt~e ..... -
the Contractor with written notice of the defanlt. The Contractor shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of
time, the City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense costs or expenses, or liability of any kind or
nature which the City, its officers, agents and employees may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Contractor's-negligent or,-w-rong-ful acts or omissions in performing or failing to perform under
the terms of this Agreement, excepting only liability arising out of the sole negligence of the
'City.
12. LIABILITY INSURANCE. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(0
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.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
R\vollmum~agreements.all\minormaintenance. O0
(2)
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
Automobile Liability: $1_,_..0~_0~0?~0__p? ac~id~ent for bo~d_il3~_injury
-:: andp~0~eny'~fiYnhge.
or disease.
c. 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.
d. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required b~y this clause. The endorsements are to be signed
by a person authorized by that insurer tobind coverage on its behalf. All endorsements are to
be received and approved by the City before work commences.
· e. - Contractor, by executing this Agreement, hereb, y certifies:
"! :am aware of the.provision-of-Section 3700 of the Labor Code which requires
every employer to be insured against liability for Workman's Compensation or
undertake self-insurance in accordance with the provisions of that Code, and I
will comply with such provisions before commencing the performance of the
work of this Contract."
13. TIME OF THE ESSENCE. Time is of the essence in this Contract.
14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times
remain as to the City a wholly independent contractor. The personnel performing the services
under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive
direction and control. Neither the City nor any of its officers, employees or agents shall have
control over the conduct of Contractor or any of Contractor's officers, employees or agents,
except as set forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees or agents are in any manner officers,
employees or agents of the City. Contractor shall not incur or have the power to incur any
debt, obligation or liability whatever against the City, or bind City in any manner. 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, the City
shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for City. District shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor
shall at all times observe and comply with all such laws and regulations. The City, and its
R\vollmum~agreements.all\minor maimenance.00
officers and employees, shall not be liable at law or in equity occasioned by failure of the
Contractor to comply with this section.
16. CONTRACTOR'S INDEPENDENT INVESTI(~TiON;-: No:-piea~%~
ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that
mayrbe-encountered-in~the~execution~of~he~,vork -under~his~ontr act, as-a ,~esutt~o f-faiture-~o
make the necessary independent examinations and investigations, and no plea of reliance on
initial investigations or reports prepared by the City for purposes of letting this Contract out to
proposal will be accepted as an excuse for any failure or omission on the part of the Contractor
to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as
a basis for any claims whatsoever for.extra compensation or for an extension of time.
17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work
contemplated:by this-Contract; Contractor shall file with the City Manager his affidavit stating
that all workmen and persons employed, all firms supplying materials, and all subcontractors
on the Work have been paid in full, and that there are no claims outstanding against the project
for either labor or materials,, except certain i~ems, 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-la~vs of the.State of California: ..... ....
18. PROHIBITED INTEREST. No member, officer, or employee of the
City of Temecula or of a local public body shall have any interest, direct or indirect, in the
contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore,
the contractor covenants and agrees to their knowledge that no board member, officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the contracting party other than
the City of Temecula, and that if any such interest comes to the knowledge of either party at
any time, a full and complete disclosure of all such information will be made, in writing, to the
other party or parties, even if such interest would not be considered a conflict of interest under
Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of
Division 4 of Title I of the Government Code of the State of California.
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. 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.
21. UTILITY LOCATION. The City acknowledges its responsibilities with
respect to locating utility facilities pursuant to California Government Code Section 4215.
R\vollmum\agreemen~s. all\minormainteaanc~.00
22. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
23~-: DISC~ATION; CSn~r-a$]~i: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,~col~r ;' sex~age~ndieap~ .
24. WRITTEN NOTICE. Any notices which either party may desire to give to the
other party under this Agreement must be in writing and may be given either by (i) personal
service, (ii) delivery by a reputable document delivery service, such as but not limited to,
Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to
the address of the party as set forth below or at any other address as that party may later
designate by Notice: .....
To City:
City of Temecula
-43200 Business Park Drive
Temecula, California 92590
..... Attention: City-Manager ....
-- To COntractor:
Computer Alert Systems, Inc.
28465 Old Town Front Street, Suite 324
Temecula, CA 92590
Attention: Nathan Gans, President
25. ASSIGNMENT. The Contractor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent
of the City.
26. 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.
27. GOVERNING LAW. The District 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 jurisdiction over the City of Temecula.
28. 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
R\vollmum~agr eements, al l~ninormainlenanc~ .00
forth herein and upon each party's own independent investigation of any and all facts such
party deems material.
29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or
persons executin~ ~h'is'-Agreement on behalf Of~acior'warrants ~i/ti-~ep~sent~ thai~he-or .....
she has the authority to execute this Agreement on behalf of the Contractor and has the
authority~o~bind~ntraetor~o~he p~ifd~ance t,f iiS-Oi~li-gationsrhereunder~
/Ill
IIII
RXvolltnum~agreemenCs.all\minormaintenance. O0
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
......... CITY OFTEMECUL.~.
Shawn D. Nelson, City Manager
Attest:
Approved As to Form:
~orney
CONTRACTOR:
Computer Alert Systems, Inc.
Title: Secretary/Treasurer
(Two Signatures Required for Corporations)
R\vollmum~a~eements.all\minormaintenance. O0
EXHIBIT "A" (Page 1 of 2)
CITY OF TEMECULA
SPECIFICATIONS/SCOPE OF WORK
ALARM MONITORING, INSPECTIONS AND REPAIR
These specifications and scope of work applies to each City location listed in this exhibit.
1. Contractor will monitor both fire and security _a_l~ _sy~te~ms seven da~y_s, a .~veek,
twenty-four (24) h-ou~s"a'day at~ll-ifih~-lrCations, listed in~th-i~--~xtfil~it. Monthly
monitoring fee excludes all monthly phone line fees.
q~he -q2 or~mctor~witt~be~sponsible~T~dng: syst¢~t~ted-
Contractor's central office, this includes costs for any modification of City equipment
or any other fees, which may be required to transfer, system monitoring to the
Contractor's central office.
3. All fire and security equipment, wiring, panels, detectors, keypads, etc. will remain
the City's property. The Contractor will maintain the systems, system programs and
equipment in an "unlocked state", thereby allowing the City or any other contractor
the City my choose to service or program the equipment. No equipment or system
program modifications may be made without first receiving written approval from the
City.
4. The monitoring fee will include any costs for changing security access codes and
training supervisory staff, from time to time, throughout the term of the agreement, as
directed by the City.
5. Monitoring fee will include monthly "opening & closing" reports for each location.
6. Fire sprinkler monitoring and alarm systems at all facilities will be inspected in
accordance with the California Fire Code Article 10 and NFPA 72. Fire sprinkler and
alarm system inspections will be reported on the National Fire Alarm Code form with
a copy sent to the City for its records.
7. It is recommended that Contractor and/or Contractor's technicians be NICET Level II
certified and are also certified by the manufacture to service their alarm equipment.
Facility Locations and System Types/Manufactures/Models Numbers
Contractor has inspected the alarm systems at each location and confirms the accuracy of this
list. Contractor has verified system condition, model number, and other aspects of the system to
insure it is in good operation condition and that the Contractor is capable of providing
monitoring and repair service for each system.
City Hall, 43200 Business Park Drive
Fire Alarm: AFP 200 Notifire
Security Alarm: DCS MAXSYS PC 4020
Key Pad-LCD 4500
Maintenance Facility, 43210 Business Park Drive
Fire Alarm: Silent Knight 5204
Security Alarm: DCS MAXSYS PC 4020 Key Pad-LCD 4500
Community Recreation Center, 30875 Rancho Vista Road
Fire Alarm: Radionics Omegalarm D8112
Fire Alarm Annunciation: Radionics
Security Alarm: Radionics D 7212 Key Pad-Radionics
EXHIBIT A (Page 2 of 2)
4. Temecula Community Center, 28816 Pujol Street
Fire Alarm: Si!~nt.~gh_t 5140
....... S ~-Un~ty--Alarm: DSL-"~PC30~ORK
......... Maryq?hiltips~S eaior~C~iit~i'g-4t~t~53thgtreet
Fire Alarm: Ademco/Vista 5140 XM
Secruity Alarm: Ademco ' Key Pad Ademco
Temecula Valley Museum, 28314 Mercedes Drive
Fire Alarm: Vista 100
Security Alarm: Vista 100 KeyPad-6139
Temecula Wedding Chapel, 28300 Mercedes Drive
Fire Alarm: Vista 30
Security Alarm: Vista 30 KeyPad-Ademco 16821
6th Street Restroom/Parking Lot, 41952 6th Street
Fire Alarm: None
Security Alarm: PC 1555 -~K~yPad-DSCPC 1555 RItz
Temecula Children's Museum (Temecula Trading Post), 42081 Main Street
Fire Alarm: Silent Knight 5107
Security Alarm: Radionics Key Pad- Radionics
EXHIBIT "B" ~
SCHEDULE OF PAYMENT
FACILITY LOCATION Monthly Fee Fire Monthly Fee Yearly Total
System Monitoring & Security System Fee Per
Inspection Monitoring Location
Monitoring &
..................... "---' Inspection
.... City Hall, 43200 Business Park $_45.00_ $25,00 ..... $8~40j00
Drive ......
Maintenance Facility, $45.00 $0.00 $540.00
43210 Business Park Drive
Community Recreation Center, $45.00 $37.00 $984.00
30875 Rancho Vista Road
Temecula Community Center, $45.00 $37.00 $984.00
28816 Pujol Street
Mary Phillips Senior Center, $45.00 $0.00 _$$40.00
41845 6th Street
Temecnla Valley Museum, $45.00 $0.00 $540.00
28314 Mercedes Drive
Temecula Children's Museum
(Trading Post), 42801 Main $45.00 $37.00 $984.00
Street
Temecula Wedding Chapel, $0.00 $37.00 $444.00
28300 Mercedes Drive
6th Street Restroom/Parking $0.00 $25.00 $300.00
Lot,
41952 6th Street
Total $6,156.00
Costs for repair or extra work authorized by City
MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE
OF PARTS & EQUIPMENT 40%
HOURLY RATE PER REGUALR MAN HOUR-Sam To 5pm $65.00/HR.
Monday through Friday
HOURLY RATE PER OVERTIME MAN HOUR-After-hours, $85.00/HR.
Weekends, Holidays, etc.
Invoices will be submitted on a quarterly basis; one month prior to beginning of each
quarter.
CONTRACT CHANGE ORDER NO. 1
CONTRACT NO. 00-254
PROJECT: Alarm System Monitoring and Maintenance Services Contract SHEET 1
TO CONTRACTOR: Computer Alert Systems, Inc.
NOTE: This change 'order is not effective until approved by the City Manager.
THIS CHANGE PROVIDES FOR:
A. An INCREASE in the following services:
of I
Provide Alarm Monitoring Services for the Temecula Skate Park Facility:
Contractor shall provide alarm monitoring services for the Temecula Skate Park pursuant
to the terms and conditions set forth in the Agreement. The price per month is $25.00
beginning July 1, 2001.
The total cost for Fiscal Year 2001-02 is .......................................... t~ 300.00
TOTAL ............................................................................... i ............ $ 300.00
Original Contract Amount For FY 2000-01 ......................................................... $ 18,000.00
Adjusted Contract Amount For FY 2000-01 ....................................................... $ 18,000.00
Change Order No. I (+) ................................................................................... $ 300.00
Total Contract Amount for FY 2001-02 ........................................................... $ 18,300.00
Ap p roved: ~/'~, 7'~/4~'~/v'~ c';)~-~,~- By: . _~.~ Date:~---~'-~
(Title)
We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that
we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work
above specified, and will accept as full payment therefore the prices shown above.
Date Accepted:
///(~//' (si~J~f~re)
Name: ///./-
Contractor: //~/w/v',/"-~ .~,~t~--$~.,~
(company's name)
Title:~'~ ~.$
/
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding
with the ordered work and filing a written protest within the time therein specified,
R:\HARRINGK~AGREEMNT~Change Order - Computer Alert CCO,01 ,doc
CONTRACT CHANGE ORDER NO. 2
CONTRACT NO. 00-254
PROJECT: Alarm System Monitoring and Maintenance Services Contract
TO CONTRACTOR: Computer Alert Systems, Inc.
NOTE: This change order is not effective until approved by the City Manager.
THIS CHANGE PROVIDES FOR:
A.
SHEET 1 of I
An INCREASE in the following services:
Provide Repair Services for the Keyless Entry System at City Hall & Maintenance Facility:
Contractor shall provide repair services for the keyless entry/proximity card system at
both facilities. Work will be performed on an as needed basis, as directed by City.
The total cost for Fiscal Year 2001-02 is .......................................... $ 2,000.00
TOTAL ........................................................................................... $ 2,000.00
Original Contract Amount For FY 2000-01 ......................................................... $ 18,000.00
Adjusted Contract Amount For FY 2000-01 ....................................................... ~ 18,000.00
Change Order No. 1 (+) .................................................................................. $ 300.00
Change Order No. 2 (+) .................................................................................... $ 2,000.00
................................................ $ 20,300.00
Total Contract Amount for FY 2001-02
Approved: ~/~//~,~'~,~_ By: ~ ~//° Date:
(Title)
We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that
we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform ail services necessary for the work
above specified, and will accept as full payment therefore the prices shown above.
Date Accepted:
(s~n~'~)
Na
(print)
Contractor: ~'"~/~/~'~"~'~' .~w -- /'-- S/kC' /~'(
(company's name)
Title: ~- ~,~.,~,,~.,~.~
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of tho specifications as to proceeding
with the ordered work and filing a written protest within the time therein specified.
R:~HARRINGK~,GREEMNT~Change Order - Computer Alert CCO.02.doc
CONTRA'CT CHANGE ORDER NO. 3
CONTRACT NO. 00-254
PROJECT: Alarm System Monitoring and Maintenance Services Contract
TO CONTRACTOR: Computer Alert Systems, Inc.
NOTE: This change order is not effective until approved by the City Manager.
THIS CHANGE PROVIDES FOR:
A. An INCREASE in the following services:
1.
SHEET I of I
Provide Alarm Monitoring Services for the Upgraded Security System at the Mary Phillips
Senior Center:
Contractor shall provide alarm monitoring services for the upgraded security alarm
system at the Mary Phillips Senior Center pursuant to the terms and conditions set forth
in the Agreement. The price per month shall be 915.00 beginning April 1, 2002.
The total cost for Fiscal Year 2001-02 is .......................................... $ 45.00
TOTAL ................................................................................................ $ 45.00
Original Contract Amount For FY 2000-01 ......................................................... $ 18,000.00
Adjusted Contract Amount For FY 2001-02 ....................................................... $ 20,300.00
Change Order No. 3 (+) .................................................................................... $ 45.00
Total Contract Amount for FY 2001-02 ............................................................. t~ 20,345.00
(Title)
We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this propose[ is approved, that
we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work
above specified, and will accept as full payment therefore the prices shown above,
Date Accepted: ~"--~,~"
/~'/ "" -(~gnature)~
Name: ~/~r~ ~'~¢N_~ (print)
Contractor: ~'~)~'~p~.~"~/' /~f/~/~/ (dompany's name)
Title: ~f~/~ ~'~ / ~)'~'-~
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding
with thC ordered work and filing a written protest within the time therein specified.
R:\HARRINGK\AGREEMNT\Change Order - Computer Alert CC0.03.doc
ITEM 19
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Roberts, Director of Finance ~
Howard Windsor, Fire Chief
June 25, 2002
Fire/EMS Protection Agreement for Fiscal Year 2002-03
RECOMMENDATION: That the City Council approve the three-year contract for Fire/EMS
protection including Exhibit A for the cost for services for Fiscal Year 2002-03.
BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been
provided through a Cooperative Fire Service Agreement with the California Department of Forestry
and Fire Protection (CDFFP) and Riverside County Fire Department (RCFD). Formalization of
this agreement is required every three years to appropriately renew the required contract between
the City of Temecula and the providing fire service agencies mentioned above.
Service costs for Fiscal Year 2002-03 are shown on the attached Exhibit A. The increases for
services are due to the following augmentations to the contract:
· Twelve-month costs for the Vail Ranch Temporary Fire Station
Addition of six FF/Paramedics for staffing the second Paramedic Assessment Squad (MS-73).
This staffing will include one Captain/PM, two Fire Apparatus Engineer/PM, and three
FireFighter II/PM
· One additional Fire Safety Specialist
The remaining personnel costs from the previous year remain relatively the same with minor
increases for the Paramedic personnel salaries, due to the negotiated increases as part of the MOU
bargaining contract. Also included on Exhibit A is the estimated Structural Fire Tax Credit which
offsets the City's Fire/EMS costs.
FISCAL IMPACT: The additional costs associated with the additional Paramedic Squad and Fire
Safety Specialist is $612,000 for fiscal year 2002-03. Adequate funds have been appropriated in
the fiscal year 2002-03 Fire Services budget.
Attachment: Cooperative Agreement
R:\Caravelli Denise~AGENDAS\01Agenda\Fire Service Contract amendment.doc
86/18/2882 11:23 99406910
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17
18
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A COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND.
MEDICAL AID SERVICES FOR THE CITY OF TEMECULA
THIS AGREEMENT, made and entered into this 25th
d~y of June~ 2002 , by and between the' County of
.Riverside, hereinafter called "County", and the City of
Temecula, hereinafter called "City", whereby it is agreed as
follows:
I
PURPOSE
The purpose of the Agreement is to arrange for the
County, through its Cooperative Agreement with the State of
California, to provide City with fire protection, fire
prevention, rescue, and medical aid services, hereinafter
called fire protection services. This Agreement is entered
into pursuant to the authority granted by Government Code
Sections 55603, 55603.5, 55632, 55606 and 55642, and will
mutually advantageous to City and County in that it will
provide a unffied, cooperative, integrated, and effective fire
protection, rescue, and medical aid system ~o protect lives,
proper~y, ahd natural resou~ceS~
II
COUNTY IN CHARGE
A. The County Fire Chief shall represent both
parties during the period of this Agreement and that Officer
shall, under the supervision ahd direction of the County Board
of Supervisora, have charge of the.organization described in
Exhibit "A", attached hereto and made a part hereof, for the
purpose of providing fire protection services as deemed
necessary to satisfy the needs of both County and City, except'
upon those iands wherein other agencies of government have
responsibility for %he same or similar fire protection
services.
B. The County will provide the services (at the
levels specified in Exhibit ~A") in return for the payments
r~ade by the City under Paragraph III.
C. The County will be allowed flexibility in the
assignment of available personnel ahd equipment.in order to
provide the fire protection services, rescue and medical aid
services as agreed upon herein.
1
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16
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25
25
D. The County provides fire personnel thru its
contract with the California Department of Forestry and Fire
Protection and if during the term of this agreement City shall
desire a reduction in STATE civil service employees assigned
to the organization provided for in Exhibit "A", City shall
provide one hundred twenty (120) days written notice of the.
requested reduction- Proper notification shall include the
fetlowing.(1). The total amount of reduction;' (2) The firm
effective date Of the reduction; and (3) The null. er of _
employees, by classification, affected by a reduction. If
such notice is not provided, City shall reimburse County for
relocation costs incurred by STATE because of the reduction.
Personnel reductions resulting solely due to an increase in
STATE employee salaries or STATE expenses occurring after
signing this agreement and set forth in Exhibit "A" to this
agreement shall not be.subject to relocation expense
reimbursement.by City.
E. The City shall, appoint the County Fire Chief referred
to under Paragraph A. above, to be the City Fire Chief.
III
pAYMENT FOR SERVICES
A. ' The City has appropriated a sum of money to pay
for fire protectio~ services within th~area Of responsibility
of t~e..City for the peribd from.the date'of execution of th/is
Agreement to June 30, 2003.
B- The County shall make a claim to the City for
the actual cost Of contracted services as shown on Exhibit "A"
during each of the following periods: (1) July 1 through
September 31, claLm in '~ct~ber (2) October 1 through December
31, claim in January (3) January 1 through March 31, claim
in April and (4) April 1 through June 30, claim in April
for the estimated cost of services after any
deduction for,fire taxes, with final reconciliation to actual
costs resulting in an additional claim or refund to City, in .
July. City shall pay each claim within fifteen (15) days
after receipt thereof-' The County shall allow a credit in the'
amount of the Structural Fire taxes as determined by County to
be collected in each Fiscal Year of this Agreement. The
allowed credit shall not exceed th% cost of contracted'
services.
C. Any change of the salaries or expenses set forth
in said Exhibit "A" made necessary by action of the
Legislature or any other public agency with authority to
direct changes in the level of salaries or expenses, shall be,
paid from the funds represented therein or as said Exhibit..
"A"- There shall be no obligation on the part of the City to
expend or appropriate any sum in excess of the total of
2
06/1@/20B2 11:23 9940G910 PAGE 03
].9
~0
Exhibit "A" which exceeds the appropriation of the City for
the purposes of the Agreement. If within thirty (30) d~ys
after notice in writing from the County to the City that the
actual cost of maintaining the services specified in Exhibit
"A" as a result of Legislative or other action has failed to
agree to make available the necessary additional funds, the
County shall have the right to reduce said services by a like
amount a~d shall promptly notify the City specifying the
services Go be reduced. If City desires to add funds to
total included herein to cover the cost of increased salaries
or services, such increase shall be accomplished by an
amendment to this Agreement approved by the parties hereto-
Iv
HOLDING OVeR
A. The initial term of this Agreement shall be from
July 1, 2002 to June 30, 2005. Either party to this Agreement
may terminate this Agreement by providing a written notice oX
termination to the other party hereto twelve(12)months prior
%o the expiration of the term hereof. In no event shall this
Agreement be terminated by either party prior to June 30,
2003. If no written notice of termination is received by
either party prior to June 30, 2005, this Agreement shall be
automatically renewed at the same level of service, but at the
level 'of expense in effect for the year'of renewal, and
otherwise on the.game t~ms'and conditions herein speoifie.d,
so far as applicable until:
(1) A new Agreement is fully executed, or
(2) Termination of the Agreement following
one year prior written notice of
termination, or
(3) New Exhibit '!A" is mutually agreed to by
and between th9 parties-
B. This Agreement may be terminated by mutual
consent of the parties at any time after June 30, 2005.
C. Nothing herein shall be constructed as excusing
City's compliance with Government ~ode Section 25643..
V
COOPERATIVE OPERATIONS
All fire protection, res6ue, and medigal, aid.work
contemplated under this Agreement shall be done by 66%% ~--~
06/~8/2002 ~t23 994069~0 PA6E 84
9.
'4
5
6
?
8
9
-~0
'~8
3.9
20
~5
28
parties to this Agreement working as one unit; therefore,
personnel and equipment, regardless of whether they are.
included in Exhibit "A" may be temporarily dispatched
elsewhere from time to time for mutual aid. Coverage will be
provided to City following the County's standard move-up and
cover procedures-
~h
:c
C(
the
VI
MUTUAl. AID
When rendering mutual aid or assistance as
authorized in Section 13050 and 13054, Health and Safety COde,
the County may demand payment of charges and seek
reimbursement of City costs for personnel as funded herein,
under authority given by Section 13051 and 13054, Health and
Safety code- The County in seeking such reimbursement County
shall represent City in following the procedures set forth in
Section 13052, Health and Safety Code. Any recovery of City
costs, less collection expenses, shall be credited to city.
VII
PROPERTY ACCOUNTING
Ail personal property provided by City and by the
County.for the purpose of p~oviding fire'protectio~ and reslc~e
services under the terms of this Agreement shall be ~rked and
accounted for by the County Fire Chief in such a man,er as to
conform to the standard operating procedure established by the
County Fire Department for the segregation, care, and use of
respective property of each.
VIII'
INDEMNIFICATION
A. city shall inden%nify and hold County, its
officers, agents, employees and independent contractors free
and harmless from any claim or liability whatsoever, based or
asserted upon any act or omission of City, its officers,
agents, employees, subcontractors a~d independent contractors,
for property damage, bodily injury or death or any other
element of damage of any kind or nature, occurring in the
performance of this Agreement between the parties hereto to
the extent that such liability is imposed on the County by the
provisions of Section 895.32 of the' Government Code of the
State of California, and City shall defend at its expense,
including attorneys fees, County, its officers, .agent~.~'
05/18/2002 11:23 99406010 PAGE 05
employees and independent contractors in any legal actin or
claim of any kind based upon such alleged acts of omissions.
B. County shall indemnify and hold City, its officers,
~ agency, employees and independent contractors free and
tiharmless from any claim or liability whatsoewer, based or
asserted.upon any act or omission of County, its officers,
agents, employees, subcontractors and independent contraQtors,
for property damage,'bodily injury or death or any othe~
element of damage of any kind or nature, occurring in the
performance of this Agreement between the parties hereto to
the extent that such liability is imposed on the City by the
provisions of Section 895.2 of the Government Code of the
State of California, and County shall defend at its expense,
including attorney fees, City, its officers, agents, employees
and independent contractor in any legal action or claim of any
9 kind based upon such alleged acts or omissions.
-10 IX
12 DMLIV~RY OF NOTICES
1~ Any notices to be served pursuant to this Agreement
shall be considered, delivered when deposited in the United
14 States'mail and addressed to:
~5 COUNTY CITY OF TEMECULA
16 County Fire chief city Manager
17 210 W. San Jacinto Ave. 43200 Business Park Dr.
Perris, CA 92570 P.O Box 9033
Temecula, CA 92590
19 Provisions of this s~ctioh do not preclude any
notices being delivered in person' to the addresses shown
g0 above.
X
ENTIRE CONTRACT
This contract is intendeJ by the parties hereto as
final expression of their understanding with respect to the
subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes
any and all prior contemporaneous agreements and
understandings, oral or written, in. connection therewith.
This contract may be terminated, changed, or modifie~..oilly, zt~
upon the written consent of the parties hereto.
86/18/2882 11:23 99486918 PAGE 86
1
4
6
?
8
-10
11
lS
IN WITNESS WHEREOF, the duly authorized officials of
the parties hereto have, in their respective capacities, set
their hands as of the date first hereinabove written.
Dated:
CITY OF TEMECULA
APPROVED AS TO FOP~M By
By
ATTEST:
Title
ATTEST:
GERALD A. MALONEY
Clerk of the Board
Title
COUNTY OF RIVERSIDE
By
Chairman, Board 'of supervis°rJ
g0
24
By
Deputy
(sEAL)
F:AGR\~emecula Agr
~8
4/3O/2002
TEMECULA STAFFING LEVEL
FISCAL YEAR 2002/2003 - 3 PERSON ENGINE CO.
PARAMEDIC TEAMS (2) ~ 4 PERSON TRUCK CO.
SERVICE
DELIVERY
COST 1 - CAPT.
STA.#12
STA.#73
STA.#84
STA.~92
245,634 93,408
264,818 93,4O8
256,023 93,408
256,023 93,408
1 - FC P/M
STA. #73
STA. ~
EXHIBIT "A"
"ESTIMATE"
1.6 - ENG. 5.2 - FF II TOTAL
130,700 363,815 833,558
130,700 363,815 852,742
130,700 363,815 843,947
130,700 363,815 843,947
STA #83-50%
2 - ENG. P.WI 3 - FF II P/M
3 - ENG. P/M 3 - FF II P/M
Pararneclic Team 10~,860 188,816 248,638 544,314
Paramedic Team 283,224 248,638 531,861
SERVICE
DELIVERY
COST
1 - CAPT. 2 -ENG. 6 - FF II
46,704 65,350 209,894 454,357
SUBTOTAL $4,904,728
TRUCK COMPANY (50%)
1 - BA3~-ALION CHIEF
FiRE MARSHALL (B/C)
1 - DEPUTY FlEE MARSHALL (F/C)
5 - FIRE SAFETY SPEC.
2 - FIRE SYSTEMS INSPEC
3-CAPT.
140ii13
3 - ENG. 6 - FF II's TOTAL
122,532 209,894 472,538
120,529
120,529
93,408
124,000
SUBTOTAL $1,271 ,(~O4
TOTAL DOLLARS FOR STAFFING
TEMECULA TAX CREDIT
NET CITY BILLING
TAX CREDIT: FIRE TAXES
REDEV. TAXES
TOTAL
2,589,175
512,466
3,101,641
$6,175,732
(3,101,641)
3,074,091
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
APPROVAL ~Z.7~
CITY ATTORNEY ~
DIRECTOR OF FINAj~C_E ~
CITY MANAGER (J~ I"
TO:
FROM:
DATE:
SUBJECT:
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Herman D. Parker, Director of Community Servic~?
June 25, 2002
Tract Map No. 23209 - Service Level B, Service Level C and Service
Level D Rates and Charges
PREPARED BY:
Barbara Smith, Management Analyst
RECOMMENDATION: Adopt a resolution entitled:
RESOLUTION NO. CSD 02-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A
REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND
SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23209
BEGINNING FISCAL YEAR 2003-2004 AND SE'I-rING A TIME AND PLACE FOR
A PUBLIC HEARING IN CONNECTION THEREWITH
BACKGROUND: The Temecula Community Services District (TCSD) operates under
the authority of Community Services District Law and provides residential street lighting, perimeter
landscaping and slope landscaping maintenance and trash/recycling collection services to
numerous residential subdivisions within the City of Temecula through Service Level "B", Service
Level "C" and Service Level "D". The boundaries of the TCSD are coterminous with the City, and
the City Council also serves as the Board of Directors of the TCSD.
Tract Map No. 23209 is a future 220 lot residential development. The development consists of
approximately 80.01 gross acres of vacant property located to the west side of Butterfield Stage
Road and east of Walcott Lane. The property owner has requested that the TCSD establish the
future parcel charges necessary to provide ongoing revenue for residential street lighting, perimeter
landscaping and slope maintenance, and trash/recycling collection services within this development.
R:~smithb\Elections\23209 Election\Staff-Notice of Hearing.dec 06/1812002
Beginning Fiscal Year 2003-2004, the following TCSD rates and charges are proposed for
residential street lighting, perimeter landscaping and slope maintenance, and trash/recycling
collection services within Tract Map No. 23209:
Service Level B
$ 28.68 per residential parcel
Service Level C
$ 200.00 per residential parcel
Service Level D
$172.56 per occupied parcel
Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and
obtain voter or property owner approval in order to establish certain new rates and charges. In
addition, a report must be prepared and flied with the Secretary/City Clerk which identifies all of the
affected parcels and the amount of the proposed rates and charges. A notice is mailed to the
property owner identifying the proposed rates and charges and date of the Public Hearing. The
Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and
charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot
proceeding not less than 45 days after the public hearing. The proposed rates and charges for
Service Level B and Service Level C cannot be imposed unless the property owner has approved
the new charges. In accordance with Proposition 218, property owners shall receive notice of the
proposed charges for Service Level D, however, mailed ballot proceedings are not required to
impose rates and charges for trash/recycling collection services.
Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report
on the proposed residential street lighting, perimeter landscaping and slope maintenance and
trash/recycling collection services rates and charges for Tract Map No. 23209 beginning in Fiscal
Year 2003-2004 and schedule a public hearing concerning this issue for August 13, 2002. Staff will
then proceed with noticing the owner of Tract Map No. 23209 regarding the proposed rates and
charges and the public hearing date. If there is no majority protest against the rates and charges on
August 13, 2002 staff will then proceed with the mailed ballot process for Service Level B and
Service Level C.
FISCAL IMPACT: If voter approved, upon buildout of the development, the proposed
rates and charges of $25.68 and 200.00 per parcel will generate an annual levy of $5,649.60, for the
Service Level B and $44,000.00 for Service Level C. The proposed Service Level D charge of
$172.56 per parcel will generate an annual levy of $37,963.20. (Pursuant to Proposition 218, this
amount may be increased by the TCSD for Fiscal Year 2003-2004 after conducting an additional
public hearing. However, mailed ballot proceedings are not required to increase Service Level D
rates and charges.) Actual costs for providing long-term residential street lighting and perimeter
landscaping and slope maintenance services within Tract Map No. 23209 will be absorbed into
Service Level B and Service Level C upon installation of said improvements. The owner of Tract
Map No. 23209 has paid the administrative and mailing costs associated with the public notices and
ballot information required per Proposition 218.
ATFACHMENTS:
Vicinity Map
TCSD Landscape Maintenance Area
Resolution of Intention
R:~smithb\Elections\23209 Election\Staff-Notice of Hearing doc 06/18/2002
PROJECT
SITE
AHERN
HEll
LAN
SYMBOL DESCRIPTION
TCSD
LOT
223 I 41,812
rorA£ ] ~4a, lo,~ j
i~I~iGN CONSULTAIYT~
LOT 224
AREA
RESOLUTION NO. CSD 02-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A
REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND
SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23209
BEGINNING FISCAL YEAR 2003-2004 AND SETTING A TIME AND PLACE FOR
A PUBLIC HEARING IN CONNECTION THEREWITH
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE
DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS
FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1,1989, voters
approved the formation of the Temecula Community Services District ("TCSD"), to provide specified
services to properties within its jurisdiction.
Section 2. The TCSD provides long-term residential street lighting, perimeter landscaping
and slope landscape maintenance, and trash/recycling collection services in numerous residential
developments within the City of Temecula. Pursuant to Government Code Sections 61621 and
61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street
lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), and
trash/recycling collection (Service Level D) services furnished by it, and has elected to have these
rates and charges collected on the tax roll in the same manner, by the same persons, and at the
same time as, together with and not separately from, its general taxes in the manner prescribed by
Government Code Sections 61765.2 to 61765.6, inclusive.
Section 3. The TCSD hereby initiates proceedings to provide residential street lighting,
perimeter landscaping and slope maintenance, and trash/recycling collection services within Tract
Map No. 23209 and its subsequent phases beginning Fiscal Year 2003-2004. Pursuant to
Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared
and filed with the Secretary of the TCSD, (Exhibit A) which Report contains a description of the real
property and the proposed amount of the Service Level B, Service Level C, and Service Level D
rates and charges required for residential street lighting, perimeter landscaping and slope
maintenance, and trash/recycling collection services provided to each parcel within Tract Map No.
23209 and its subsequent phases beginning fiscal year 2003-2004. The TCSD proposes to collect
the rates and charges at the same time, in the same manner, by the same persons and together
with and not separately from, the property taxes collected within the TCSD. These rates and
charges shall be delinquent at the same time and thereafter be subject to the same delinquency
penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of
property taxes, including, but not limited to, those pertaining to the matters of delinquency,
correction, cancellation, refund and redemption, shall be applicable to these rates and charges,
except for California Revenue and Taxation Code Section 4831. However, if for the first year the
charges are levied, the real property to which the charge relates has been transferred or conveyed
to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been
created and attaches thereon, prior to the date on which the first installment of such taxes appear on
the roll, then the charge shall not result in a lien against the property, but instead shall be transferred
to the unsecured roll for collection.
R:~smithb~Elections\23209 Election~Resolution of Intertron.doc 3_ 06/17/2002
Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the
day of August 13, 2002 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council
Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and
place for the public hearing on the Report and the proposed Service Level B, Service Level C, and
Service Level D rates and charges. At the public hearing, the Board of Directors will hear and
consider all objections or protests, if any, to the Report. The Board may continue the hearing from
time to time.
Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the
Report and of the time and place of hearing on the Report pursuant to the requirements of
Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution.
Section 6. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community
Services District this June 25th of 2002.
Jeffrey E. Stone, President
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do
hereby certify that Resolution No. CSD 02-__ was duly and regularly adopted by the board of
Directors of the Temecula Community Services District at a regular meeting thereof held on June
25th of 2002.
AYES:
BOARD MEMBERS
NOES:
BOARD MEMBERS
ABSENT: BOARD MEMBERS
R:~smithbLElections\23209 Election\Resolution of Intention.doc 2 06 / 3_ 7 / 2002
Exhibit A
CITY OF TEMECULA
TRACT MAP NO. 23209
INITIAL LEVY REPORT
Service Levels B, C and D
Temecula Community Services District (TCSD)
Commencing Fiscal Year 2003-2004
INTENT MEETING:
PUBLIC HEARING:
June 25, 2002
August 13, 2002
INTRODUCTION:
Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters
approved the formation of the Temecula Community Services District ("TCSD") to
provide specified services to properties within its jurisdiction previously provided by the
County of Riverside ("County"). The boundary of the TCSD is coterminous with the
City boundary, and includes all parcels within the City with the City Council acting as the
Board of Directors ("Board") for the TCSD. The TCSD collects property-related fees
and charges ("Charges") in order to provide services and maintain the improvements
within the TCSD. The TCSD was formed, and Charges are set and established, pursuant
to the Community Services District Law, Title 6, Division 3 of the California
Government Code ("CSD Law").
Each fiscal year, an Annual Levy Report is prepared, filed and approved by the Board.
This Annual Levy Report describes the TCSD, any changes to the TCSD and the
proposed Charges for the fiscal year. The Charges contained in the Annual Levy Report
are based on the historical and estimated cost to service properties within the TCSD. The
services provided by the TCSD and the corresponding costs are budgeted and charged as
separate Service Levels and include all expenditures, deficits, surpluses, and revenues.
Each parcel is charged for the services provided to the parcel.
The TCSD provides residential street lighting, perimeter landscaping and slope
maintenance, and trash/recycling collection in numerous residential developments as well
as road improvement and maintenance within specified areas of the TCSD. Pursuant to
Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and
collected rates and charges for residential street lighting (Service Level B), perimeter
landscaping and slope maintenance (Service Level C), trash/recycling collection (Service
Level D), and road improvement and maintenance (Service Level R) services furnished
by the TCSD, and has elected to have these rates and charges collected on the tax roll in
the same manner, by the same persons, and at the same time as, together with and not
separately from, its general taxes in the manner prescribed by Government Code Sections
61765.2 to 61765.6, inclusive.
Pursuant to Government Code Section 61621.2, this Initial Levy Report ("Report") is
prepared and presented to the Board to prescribe Service Level B, Service Level C and
Service Level D Rates and Charges for the parcels and territory identified as Tract Map
No. 23209 beginning in FY 2003-2004.
The territory and properties identified and described in this Report includes all parcels
within the Tract Map No. 23209, a future residential subdivision that consists of 80.01
gross acres of vacant property located on the west side of Butterfield Stage Road, east of
Walcott Lane and north of Rancho California Road, with 220 planned residential units.
The owner of record (sole property owner) has requested that the TCSD establish the
parcel charges necessary to provide ongoing revenue for residential street lighting,
perimeter landscaping and slope maintenance, and trash/recycling collection services
within this future residential subdivision.
Pursuant to Article XIIID of the California Constitution ("Proposition 218") and CSD
Law, the TCSD is required to hold a protest hearing (the "Public Hearing") and a ballot
proceeding in order to establish certain new rates and charges. In addition, a report must
be prepared and filed with the District Secretary/City Clerk that identifies all of the
affected parcels and the amount of the proposed rates and charges. A notice is mailed to
the preperty owner identifying the proposed rates and charges and the date of the Public
Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If
the proposed rates and charges are not rejected pursuant to a majority written protest,
then the CSD will conduct a mailed ballot proceeding not less than 45 days after the
Public Hearing. The proposed rates and charges for Service Level B and Service Level C
cannot be imposed unless the property owner has approved the new charges. Ballot
proceedings are not required to impose rates and charges for trash/recycling collection
services, Service Level D.
PLANS AND SPECIFICATIONS
A. General Description of TCSD Services
The TCSD provides certain property related services consisting of four (4)
separate Service Levels to parcels threughout the TCSD. Each parcel within the
TCSD is charged for the proportional cost of the services attributable to the
parcel. Each Service Level has differing costs depending upon the services
provided. All parcels identified within a Service Level share in the cost of the
service. The costs associated with the service are proportionately spread among
all properties within that Service Level to which the service is provided. The
Service Levels are identified as follows:
· Residential Street Lighting
· Perimeter Landscaping and Slope Maintenance
· Trash/Recycling Collection Services
· Road Maintenance (Not applicable to this Development)
B. TRACT MAP NO. 23209 LEGAL DESCRIPTION
Being a division of Parcels 4, 5, 6 & 7 of Parcel Map recorded in Book 1, of
Parcel Maps, at Pages 44 through 46, inclusive, records of Riverside County, CA.
Also being a portion of Section 29, Township 7 South, Range 2 West, S.B.B.M.
Description of Service Levels
The proposed services applicable to parcels within Tract Map No. 23209 for
which the charges will be imposed beginning Fiscal Year 2003-2004 include:
residential street lighting; perimeter landscaping and slope maintenance; and
trash/recycling collection.
Service Level B, Residential Street Lighting - includes all developed single
family residential parcels and residential vacant parcels for which the TCSD
provides on-going servicing, operation, and maintenance of local street lighting
improvements. The current rate for Service Level B is $25.68 per residential
parcel and shall be applied to parcels within Tract Map No. 23209 beginning
Fiscal Year 2003-2004.
Service Level C, Perimeter Landscaping and Slope Maintenance - includes all
developed single family residential parcels and residential vacant parcels for
which the TCSD provides on-going servicing, operation, and maintenance of
perimeter landscaped areas and slopes within the public right-of-ways and
dedicated easements adjacent to and associated with each development. The
landscaped areas associated with this particular development include, but are not
limited to, perimeter slope and landscaping, as follows:
Within Tract 23209 the perimeter slopes within Lots 224 and 226
along Walcott Lane, the perimeter slopes within Lot 225 and
portions of Lots 223 and 222 along La Serena Way and perimeter
slopes within a portion of Lots 222 and 223 along Butterfield Stage
Road. There are two (2) off-site areas located between Butterfield
Stage Road and Lot 95 and between La Serena Way, Lot 225 and
the bulb of Calle Elenita.
The level of maintenance required and the associated operating costs will be at a
new rate level within the Service Level C Rates and Charges. Rate Level C-8 will
be established at a rate of $200.00 per residential parcel and shall be applied to
parcels within Tract Map No. 23209 beginning in Fiscal Year 2003-2004.
Service Level D, Trash and Recycling Services - provides for the operation and
administration of the trash/recycling collection program including street sweeping
services for ali single-family residential homes within the TCSD. The current rate
for Service Level D is $172.56 per single family residential home (developed
residential parcel) and will be applied to all parcels within Tract Map No. 23209
that have been identified as developed with a residential home, beginning in
Fiscal Year 2003-2004. Pursuant to Proposition 218, the rate and charges for this
service may be increased by the TCSD after conducting an additional protest
heating on the matter. Mailed ballot proceedings are not required to establish
Service Level D rates and charges.
METHOD OF APPORTIONMENT
The cost to provide services within Tract Map No. 23209 will be fairly distributed
among each assessable property by the same methods and formulas applied to all
parcels within the various Service Levels of the TCSD.
The following is the formula used to calculate each property's TCSD charges and
is applied to Service Level B (Residential Street Lighting); Service Level C
(Perimeter Landscaping and Slope Maintenance); and Service Level D
(Trash/Recycling Collection):
Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge
The following tables (Table I through III) reflect the levy calculations for each
Service Level.
TABLE I
Parcel Charge Calculation for
Service Level B
Parcel Charge Per Parcel
Property Type Unit X Parcel -- Charge Multiplier
Single family residential 1.00 $25.68 $25.68 Per Parcel
Single family vacant 1.00 $25.68 $25.68 Per Parcel
A charge is imposed on all residential parcels developed or undeveloped. Parks,
open space areas, easements and non-buildable parcels are not assessed.
TABLE II
Parcel Charge Calculation for
Service Level C
Parcel Charge per Parcel
Property Type Unit X Parcel = Charge Multiplier
Single family residential 1.00 $200.00 $200.00 Per Parcel
Single family vacant 1.00 $200.00 $200.00 Per Parcel
A charge is imposed on all residential parcels developed or undeveloped. Parks,
open space areas, easements and non-buildable parcels are not assessed.
TABLE III
Parcel Charge Calculation for
Service Level D
Property Type
Single family residential
Parcel Charge per
Unit X Parcel =
1.00 $172.56
Parcel
Charge
$172.56
Multiplier
Per Parcel
This charge is imposed only on developed single-family residential parcels (with
a residential home). Pursuant to Proposition 218, this amount may be increased
by the TCSD after conducting an additional protest hearing.
TCSD LEVY SUMMARY AND PROPOSED CHARGES
Each Service Level within the TCSD provides different and specific services to
various parcels within the TCSD. The rates and charges prescribed for each
service and level of service are proportionately spread to only those parcels that
are provided each respective service (Service Levels).
Table IV below provides general levy information for the various Service Levels
within the entire TCSD for Fiscal Year 2003-2004.
TABLE IV
TCSC Budget and Service Level Summary
For Fiscal Year 2002-2003
TCSD Budget and Charges Adopted for Fiscal Year 2002-2003
SERVICE LEVEL Total Levy Charge Per Total Levy
Budget Levy Unit Units
Service Level B
Residential Street Lighting $443,622 $25.68 17,275
Service Level C
Local Landscaping and Slopes
Rate Level #1 (C-l) $ 47,886 $ 46.00 1041
Rate Level #2 (C-2) $ 94,340 $ 89.00 1060
Rate Level #3 (C-3) $195,924 $116.00 1689
Rate Level 444 (C-4) $269,675 $175.00 1541
Rate Level #5 (C-5) $ 94,220 $ 70.00 1346
Rate Level #6 (C-6) $ 54,675 $225.00 243
Rate Level #7 (C-7) $228,201 $129.00 1769
Service Level D
Trash/recycling Collection $3,188,219 $172.56 18,476
Service Level R
Road Maintenance
Rate Level #1 (C-l) $ 7,262 $115.26 76
Rate Level #2 (C-2) $ 5,547 $121.92 65
Service Levels proposed for Tract Map No. 23209 beginning Fiscal Year 2003-
2004 and will be added to this budget.
TABLE V
Proposed Service Level Charges
For Tract Map No. 23209
Estimate Budget and Charges for Fiscal Year 2003-2004
SERVICE LEVEL Total Levy Charge Per Planned Total
Budget Levy Unit Levy Levy
Units Units
Service Level B:
Residential Street Lighting $5,649.60 $25.68 220 220
Service Level C:
Local Landscaping and
Slopes $44,000.00 $200.00 220 220
Rate Level #6 (C-6)
Service Level D: $37,963.20 $172.56 220 220
Trash/recycling Collection
The "Total Levy Units" and the resulting "Charge Per Levy Unit" (shown in
Tables IV and V), reflect a method of apportionment that most fairly apportions
the costs of the services to the parcels in that Service Level.
APPENDIX A - LEGAL DESCRIPTION
Land Use: Single Family Residential Subdivision
Parcel MapBooks- 957-250-009-5; 957-250-010-5; 957-250-011-6; 957-250-
013-8; 957-250-014-9; 957-250-015-0; 957-250-016-1; 957-250-017-2; 957-250-018-3;
957-250-019-4; 957-250-020-4; 957-250-021-5; 957-250-022-6; 957-250-023-7; 957-
250-024-8; 957-250-025-9; 957-250-026-0; 957-250-027-1
Final Map No. 23209: Being a division of Parcels 4, 5, 6 & 7 of Parcel Map
recorded in Book 1, of Parcel Maps, at Pages 44 through 46, inclusive, records of
Riverside County, CA. Also being a portion of Section 29, Township 7 South,
Range 2 West, S.B.B.M.
PARCEL A:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, R.A_NGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 4
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COLrNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 4 LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 4 WHICH IS 464 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 4 WHICH IS 528 FEET OF THE SOUTHEAST CORNER THEREOF, ~
LYING NORTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF
SAID PARCEL 4 WHICH IS 443 FEET, MEASURED ALONG SAID WEST LINE,
FROM THE NORTh-WEST CORNER THEREOF, TO A poI~Fr ON THE EAST LINE OF
SAID PARCEL 4 WHICH IS 439 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL B:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 4
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 4 LYING EASTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 4, WHICH IS 464 FEET WEST OF
.THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 4, WHICH IS 528 FEET WEST OF THE SOUTHEAST COP,/~'ER THEREOF,
AND LYING NORTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE
OF SAID PARCEL 4, WHICH IS 443 FEET, MEASURED ALONG SAID WEST LINE,
FROM THE NORTHWEST CORNER THEREOF, TO A POINT ON TEE EAST LINE OF
SAID PARCEL 4 WHICH IS 439 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRD-MENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL C:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST., COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 4
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 4' LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 4 WHICH IS 464 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 4 WHICH IS 528 FEET OF THE SOUTHEAST CORNER THEREOF, AND
LYING NORTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF
SAID PARCEL 4 WHICH IS 443 FEET, MEASURED ALONG SAID WEST LINE,
FROM THE NORTHWEST CORNER THEREOF, TO A POINT ON THE EAST LINE OF
SAID PARCEL 4 WHICH IS 439 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPOP. ATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COI/NTY,
CALIFORNIA.
PARCEL D:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE' OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 4
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COLrNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 4 LYING EASTERLY OF A LINE DP. AWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 4 WHICH IS 464 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 4, WHICH IS 528 FEET WEST OF THE SOUTHEAST CORNER THEREOF,
AND LYING SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE
OF SAID PARCEL 4 WHICH IS 443 FEET, MEASURED ALONG SAID WEST LINE,
FROM THE NORTHWEST CORNER THEREOF, TO A POINT ON THE EAST LINE OF'
SAID PARCEL 4, WHICH IS 439 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
pARCEL E:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 5
ON FILE IN BOOK P-1 PAGE(S) 44, 45 A_ND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF .PARCEL 5 LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 5 WHICH IS 528 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 5 WHICH IS 585 FEET WEST OF THE SOUTHEAST CORNER THEREOF,
AND LYING NORTHERLY OF A LINE DP~AW-N FROM A POINT ON THE WEST LINE
OF SAID PARCEL 5 WHICH IS 395 FEET, MEASURED ALONG SAID WEST LINE,
FROM THE NORTh-WEST CORNER THEREOF, OF A POINT ON THE EAST LINE OF
SAID PARCEL 5 WHICH IS 391 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC HAILROAD COMPAIN-Y, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINEP. ALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL F:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COLrNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN AS A PORTION OF PARCEL
5 ON FILE IN BOOK P-1 PAGE(S) 44, 45 A/FD 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 5 LYING EASTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 5, WHICH IS 528 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 5 WHICH IS 585 FEET WEST OF THE SOUTHEAST CORNER THEREOF,
AND LYING NORTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE
OF SAID PARCEL 5 WHICH IS 395 FEET MEASURED ALONG SAID WEST LINE
FROM THE NORTH-WEST CORNER THEREOF, TO A POINT ON THE EAST LINE OF
SAID PARCEL 5 WHICH IS 391 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS A_ND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOW-N AS A PORTION OF PARCEL
5 ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COLrNTy, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 5 LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 5 WHICH IS 528 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 5 WHICH IS 585 FEET WEST OF THE SOUTHEAST CORNER THEREOF,
A_ND LYING SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE
OF SAID PARCEL 5 WHICH IS 395 FEET, MEASURED ALONG SAID WEST LINE,
FROM THE NORTHWEST CORNER THEREOF, TO A POINT ON THE EAST LINE OF
SAID PARCEL 5 WHICH IS 391 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINER-ALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL H:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 5
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 5 LYING EASTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 5 WHICH IS 528 FEET WEST OF
THE NORTHEAST CORNER THEREOF TO A POINT ON THE SOUTH LINE OF SAID
PARCEL 5 WHICH IS 585 FEET WEST OF THE SOUTHEAST CORNER THEREOF,
AND LYING SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE
OF SAID PARCEL 5, WHICH IS 395 FEET, MEASURED ALONG SAID WEST LINE.,
FROM THE NORTHWEST CORNER THEREOF, TO A POINT ON THE EAST LINE OF
SAID PARCEL 5 WHICH IS 391 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED. MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS A_ND .THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRLTMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL I:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOW-NAS A PORTION OF PARCEL
7 ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 7 LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 7, WHICH IS 286 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 7, WHICH IS 384 FEET NORTHWESTERLY, MEASURED ALONG SAID
SOUTHERLY LINE FROM THE MOST SOUTHERLY CORNER THEREOF, AND LYING
NORTHERLY OF A LINE DP~AWN FROM A POINT ON THE WEST LINE OF SAID
PARCEL 7, WHICH IS 634 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
TO A POINT ON THE EAST LINE OF SAID PARCEL 7, WHICH IS 890 FEET
SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS A_ND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL J:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOW-N AS A PORTION OF PARCEL
7 ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 7 LYING EASTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 7, WHICH IS 286 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 7, WHICH IS 384 FEET NORTHWESTERLY, MEASURED ALONG SAID
SOUTHERLY LINE FROM THE MOST SOUTHERLY CORNER THEREOF, AND LYING
NORTHERLY OF A LINE DRAWN FROM A POINT ON THE WST LINE OF SAID
PARCEL 7, WHICH IS 634 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
TO A POINT ON THE EAST LINE OF SAID PARCEL 7, WHICH IS 890 FEET
SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPOP~ATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COLrNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
· PARCEL K:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 6
ON FILE IN BOOK P-1 PAGE(S) 44, 45 A_ND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 6 LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 6, WHICH IS 220 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 6, WHICH IS 296 FEET NORTPIWESTERLY, MEASURED ALONG SAID
SOUTHERLY LINE FROM THE MOST SOUTHERLY CORNER THEREOF, AND LYING
NORTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF SAID
PARCEL 6, WHICH IS 890 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
TO A POINT ON THE EAST LINE OF SAID PARCEL 6, WHICH IS 1,088 FEET
SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPOP. ATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LA.ND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINER. ALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LA.ND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRD-MENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, P~A_NGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 6
ON FILE IN BOOK. P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 6 LYING EASTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 6, WHICH IS 220 FEET WEST OF
THE NORTHEAST CORER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 6, WHICH IS 296 FEET NORTHWESTERLY, MEASURED ALONG SAID
SOUTHERLY LINE, FROM THE MOST SOUTHERLY CORNER THEREOF, AND LYING
NORTHERLY OF A LINE DHAWN FROM A POINT ON THE WEST LINE OF SAID
PARCEL 6, WHICH IS 890 FEET SOUTH OF THE NORTHWEST COP~NER THEREOF,
TO A POINT ON THE EAST LINE OF SAID PARCEL 6, WHICH IS 1,088 FEET
SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LA-ND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COU1TTY,
CALIFORNIA.
PARCEL
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 7
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 7 LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 7, WHICH IS 286 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 7, WHICH IS 384 FEET NORTHWESTERLY, MEASURED ALONG SAID
SOUTHERLY LINE FROM THE MOST SOUTHERLY CORNER THEREOF, A_ND LYING
SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF SAID
PARCEL 7, WHICH IS 634 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
TO A POINT ON THE EAST LINE OF SAID PARCEL 7, WHICH IS 890 FEET
SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED. MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINER3%LS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
PARCEL N:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 7
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 7 LYING EASTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 7, WHICH IS 286 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 7, WHICH IS 384 FEET NORTHWESTERLY, MEASURED ALONG SAID
SOUTHERLY LINE FROM THE MOST SOUTHERLY CORNER THEREOF, AND LYING
SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF SAID
PARCEL 7, WHICH IS 634 FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
TO A POINT ON THE EAST LINE OF SAID PARCEL 7, WHICH IS 890 FEET
SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHEP. N PACIFIC P. AILROAD COMPANY, A CORPOR3~TION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LA-ND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LA_ND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COIINTY,
CALIFORNIA.
PARCEL O:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 2 WEST, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, SHOWN AS A PORTION OF PARCEL 6
ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 6 LYING WESTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 6, WHICH IS 220 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 6, WHICH IS 296 FEET NORTh'-WESTERLY, MEASURED ALONG SAID
SOUTHERLY LINE FROM THE MOST SOUTHERLY CORNER THEREOF, AND LYING
SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF SAID
PARCEL 6, WHICH IS 890 FEET SOUTH OF THE'NORTHWEST CORNER THEREOF,
TO A POINT ON THE EAST LINE OF SAID PARCEL 6, WHICH IS 1,088 FEET
SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE,' MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFOP. NIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINERALS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUi~Y,
CALIFORNIA.
PARCEL P:
THAT PORTION OF SECTION 29, TOWNSHIP 7 SOUTH, R.A_NGE 2 WEST, COI/NTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN AS A PORTION OF PARCEL
'6 ON FILE IN BOOK P-1 PAGE(S) 44, 45 AND 46 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 6, LYING EASTERLY OF A LINE DRAWN FROM A
POINT ON THE NORTH LINE OF SAID PARCEL 6, WHICH IS 220 FEET WEST OF
THE NORTHEAST CORNER THEREOF, TO A POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 6, WHICH IS 296 FEET NORTHWESTERLY, MEASURED ALONG THE
SAID SOUTHERLY LINE FROM THE MOST SOUTHERLY CORNER THEREOF, AND
LYING SOUTHERLY OF A LINE DP. AWN FROM A POINT ON THE WEST LINE OF'
SAID PARCEL 6, WHIC}{ IS 890 FEET SOUTH OF THE NORTHWEST CORNER
THEREOF, TO A POINT ON THE EAST LINE OF SAID PARCEL 6, WHICH IS
1,08.8 FEET SOUTH OF THE NORTHEAST CORNER THEREOF;
EXCEPTING THEREFROM ALL IRON, COAL, LIGNITE, ASPHALTUM, LEAD, TIN,
COPPER, LIMESTONE, MARBLE AND OTHER DEPOSITS AND SUBSTANCES AS
RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY, A CORPORATION, BY
DEED RECORDED MAY 5, 1904 IN BOOK 185 PAGE 4 OF DEEDS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING BELOW A DEPTH OF 200.00 FEET
FROM THE SURFACE OF SAID LAND WITHOUT THE RIGHT TO PROSPECT, DIG,
DRILL OR MINE FOR SAID MINER3%LS AND THE RIGHT OF ENTRY IN OR
THROUGH THE FIRST 200.00 FEET IN DEPTH BENEATH THE SURFACE OF SAID
LAND AS RELINQUISHED BY DEED RECORDED NOVEMBER 22, 1966 AS
INSTRUMENT NO. 112999 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
APPENDIX B - PARCEL LISTING (FY 2003-2004)
The actual parcels subject to rates and charges for Service Level B, Service Level
C and Service Level D beginning Fiscal Year 2003-2004 shall be those parcels
within Tract Map No. 23209 identified on the Riverside County Secured Roll at
the time all TCSD rates and charges are submitted to the County
Auditor/Controller for inclusion on the tax roll for that fiscal year.
The rates and method of apportionment outlined in this Report are consistent with
the rates and methods previously approved by the TCSD Board of Directors for
each applicable Service Level contained herein. However, all rates and methods
described in this Report are subject to revision and modification within the
prescribed parameters of the law. The actual rates and charges applied on the tax
roll each fiscal year shall be apportioned and submitted according to the rates and
method described in the final TCSD Annual Levy Report presented and approved
by the Board of Directors at an annual Public Hearing.
The following pages encompass a complete listing of all parcels within Tract Map
No. 23209 subject to the TCSD Service Level B, Service Level C and Service
Level D rates and charges beginning Fiscal Year 2003-2004. The rates and
charges applied to each newly subdivided residential parcel will reflect the
services provided and the development of each respective parcel at the time the
rates and charges are applied. The table below provides a summary of the total
proposed rates and charges for all properties within Tract Map No. 23209 based
on the existing rates and charges per subdivided single-family residential unit:
Charge per Total Levy Total Levy
SERVICE LEVEL Levy Unit Units Budget
Service Level B:
Residential Street Lighting $25.68 220 $5,649.60
Service Level C:
Local Landscaping and Slopes $200.00 220 $44,000.00
Rate Level #3 (C-3)
Service Level D:
Trash/Recycling Collection $172.56 220 $37,963.20
ITEM 2
A P P R O VA~..4./....~¢----~
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
Board of Directors
Herman D, Parker, Director of Community Servic~--"~.
June 25,2002
SUBJECT:
Authorize the Expenditure of Funds for the Landscape Maintenance
Contract with Excel Landscape, Inc. for FY2002-03
PREPARED BY: ~¢~¢~Kevin T. Harrington, Maintenance Superintendent
RECOMMENDATION: That the Board of Directors:
1. Authorize the expenditure of funds in the amount of $1,110,440 for the base contract and an
additional amount not to exceed $120,000 for the supplemental and new areas that may be
brought on line during the term of the contract.
2. Approve contingency of 10% in the amount of $123,044 for extra work items.
BACKGROUND: Excel Landscape, Inc. (Excel) has been providing landscape maintenance
services for the City under this agreement since July 1,1997. At the start of this contract Excel only
provided maintenance services for approximately half of the City's sites. However, due to their
exceptional performance over the past several years, they have assumed the landscape
maintenance responsibilities of all City sites. Excel has consistently provided excellent service to
the City and the residents of Temecula.
On June 11,2001, the Board of Directors approved the Landscape Maintenance Services Contract
Amendment with Excel extending the term for two years, until June 30, 2003. The amendment also
had provisions that allowed for the addition of supplemental landscape maintenance contract areas
and unforeseen areas to come on line during the remaining term of the agreement.
Excel agreed to hold their current costs for the extended term on all existing maintenance areas.
They will also utilize those base costs to establish costs for any new maintenance areas that may be
added to the agreement after July I, 2002. Additional areas may include Crowne Hill Park,
Meadows Park, Freeway On & Off Ramps and several median islands.
R:\HARRINGK\AGENDA.RPT\Excel Authorize Expenditure FY 02-03.doc
The base contract amount is $1,110,440 and the amount for the supplemental areas and new
areas is $120,000.
In addition to the General Landscape Maintenance Services Expenditure and the Supplemental
Areas the TCSD is requesting the approval of a 10% contingency in the amount of $123,044 for
extra work items. The required extra work items may include repairing, rehabilitating and improving
City sites.
FISCAL IMPACT: The amount of the contract for Excel Landscape, Inc. including the
supplemental and new areas to be added during the term of the contract and the contingency for
Fiscal Year 2002-03 is $1,353,484. Sufficient funds have been included in the TCSD Annual
Operating Budget for Fiscal Year 2002-03 in accounts 190-180, 190-181, 190-182, 190-184, 190-
185, 193-180, 340-701,340-702, 001-164 and 001-171.
ATTACHMENTS:
Original Agreement
Ninth Amendment
R:\HARRINGK\AGENDA.RPT\Excel Aulhorize Expenditure FY 02-03.doc
AMENDMENT NO. 9 TO AGREEMENT BETWEEN THE.
TEMECULA COMMUNITY SERVICES DISTRICT AND
EXCEL LANDSCAPE DATED JUNE 24, 1997 FOR
LANDSCAPE MAINTENANCE SERVICES
THIS NINTH AMENDMENT is made and entered into as of June 12, 2001,
by and between the Temeeula Community Services District ("District") and Excel Landscape,
Inc., a California corporation ("Contractor"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and
purposes, which the parties agree are true and correct:
a. On June 24, 1997, the City and Contractor, for the benefit of the
District, entered into an Agreement for landscape maintenance services within the
City's greenbelts, landscape service areas, medians, open space areas, parks and rights
-of-way.
b. The origina! Agreement was amended on July 1, 1998, August
11, 1998, January 11, 1998, March 22, 1999, April 5, 1999, April 15, 1999, June 22,
1999 AND June 27, 2000, in order to add areas to the Contractor's Scope of Work.
The June 24, 1997 Agreement, as amended, shall be referred to as the "Agreement."
c. It is now the desire of the parties to amend this Agreemem to
extend the term of the Agreement for an additional period of two (2) years to June 30,
2003, provide for revisions to the areas to be maintained mid establish pricing for
maintaining these areas and new areas. ·
2. Exhibit A, Landscape Maintenance Contract Areas, attached to this
Ninth Amendment, is hereby substituted in place of Exhibit A to the Agreemem.
3. Exhibit B, Supplemental Landscape Maintenance Contract Areas,
attached to this Ninth Amendment, is hereby substituted in place of Exhibit B to the
Agreement.
4. District may add new areas to be maintained by Contractor ia
accordance with the specifications and terms of this Agreement. District shall pay contractor
for such new areas at the rates set forth in Exhibit C.
5. The term of the Agreement is extended to June 30, 2003.
This Amendment shall be effective July 1, 2001.
7. Any litigation concerning this Contract shall take place in the municipal,
superior, or federal district court with geographic jurisdiction over the City of Temeeula.
8. Prohibited Interest. No member, officer, or employee of the City of
Temeeula or of a local public body shall have any interest, direct or iadireet, in the contract of
the proceeds thereof.during his/her tenure or for one year thereafter.
R:V4ARRINGK'IAGRE~ Landscape F~01 Amend.g.do¢~~
Furthermore, the contractor/cousultant covenants and agrees to their knowledge that no board
member, officer or employee of the City of Temecula has any interest, whether contractual,
non-contractual, financial or otherwise, in this transaction, or in the business of the contracting
party other than the City of Temecula, and that if any such interest comes to the knowledge of
either party at any time, a full and complete disclosure of all such information will be made, in
writing, to the other party or parties, even if such interest would not be considered a conflict
of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with
Secfun 1220) of Division 4 of Title 1 of the Government Code of the State of California.
9. Written Notice. Any written notice required to be given in any part of
the Contract Departments 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:
Herman D. Parker, Director of Comm~Hlity Services
City of Temeeula
43200 Business Park Drive
Temecula, CA 92590
P.O, Box 9033
10. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
IN WITNESS Wl~REOF, the parties hereto have caused this Agreement to
be executed the day and year first above written.
TE_MECULA COMMUNITY SERVICES DISTRICT
Approved As to Form:
City Attorney/District Counsel
EXCEL LANDSCAPE, INC., a California
Corporation
"-~ritle: ~~~,
(~o si~ of Co.orate Officers
is r~r~).
R:~IARRINGI~AG~ ! ~md~age ~01 Aim~.9.dac
Site #
P-1
P-2
P-3
P-4
P-5
P-6
P-7
P-9
P-10
P-11
P-12
P-13
P-14
P-15
P-16
P-17
P-18
P-19
C)
EXHIBIT A
Landscape Maintenance Contract Areas
(Amended as of July 1, 2001)
NEIGIIBORItOOD PARKS SERVICE AREA
Site Name
Veterans Park
Sam Hicks Monument Park
Calle Aragon Park
Bahia Vista Park
Loma Linda Park
Riverton Park
John Magee Park
Voorburg Park
Nicolas Road Park
Butterfield Stage Park
Temeeula Duck Pond
Rotary Park
Nakayama Park
Winchester Creek Park
Long Canyon Creek Park
Vail Ranch Park A (Paseo Park)
Vail Ranch Park B (Lot 115)
Vail Ranch Park C (Lot169)
Monthly Price Annual Price
$1,55o.oo $18,6oo.oo
800.00 9,600.00
250.00 3,000.00
250.00 3,000.00
707.00 8,484.00
1,617.00 19,404.00
310.00 3,720.00
303.00 3,636.00
812.00 9,744.00
782.00 9,384.00
2,155.00 25,860.00
300.00 3,600.00
125.00 1,500.00
1,568.00 18,816.00
1,000.00 12,000.00
5,183.00 62,196.00
557.00 6,684.00
580.00 6,960.00
TOTAL ~ ~
EXHIBIT A, page 1 of 7
STREETSCAPE SERVICE AREA
Site # Site Name
SS-1 Via Eduardo S~'eetscape
FC-1 Nada Lane
TOTAL
Monthl~ Price
$165.00
Annual Price
$1,272.00
$~,980.00
EXHIBIT A, page 2 of 7
R:~,ARRII~K'~AO~ ~4,~.~e~ 501 Amend.9.doc
SPORTS PARK~ SERVICE ARI~&
Site #
SP-1
$P-2
SP-3
$P..4
SP-6
Site Name
Rancho California Sports Park
Paloma Del Sol Park
Pala Community Park
Kent Hintergardt Park
Margarita Community Park
Temelm Hills Park
Monthly Price
$9,294.00
3,592.00
2,333.00
3,359.00
3,147.00
3,600.00
Annual Price
$111,528.00
43,104.00
27,996.00
40,308.00
37,764.00
43,200.00
TOTAL
EXHIBIT A, page 3 of 7
l~dliOl~A~ ~ ,,,,a~. ~01 Am~d.9.doo
MEDIA~S SERVICE
Site #
M-1
M-2
M-5
M-7
M-9
M-lO
M-Il
M-12
M-16
M-17
M-21
M-22
Site Name
Rancho California Road Median
Ynez Road Median (Solana Way/Overland)
Butterfield Stage Road Median
Margarita Road Median at Rancho Cal. Rd
Margarita Road Median at 79 South
Margarita Road Median at Solana Ridge
Margarita Road Median at Tuscany Ridge
Margarita Road Median at Winchester Rd.
Margarita Road Median at Promenade Mall
Margarita Road Median at Avenida Sonoma
Winchester Road Median at Jefferson
Rancho California Rd. Median at Portafino
Rancho Cal. Rd. Median at Margarita Rd.
Pala Road Bridge Median at 79S
Margarita Road Median at Pauba Rd.
Meadows Parkway Median at RC Rd.
Monthly Price
575.00
150.00
100,00
100.00
50.00
100,00
50.00
300.00
75.00
100.00
100.00
150.00
50.00
Annual Price
$4.800.00
6,900.00
1,800,00
1,200.00
1,200.00
600.00
1,200.00
600.00
3,600.00
900.00'
1,200.00
1,200.00
300.00
1,800.00
600.00
2,400.00
TOTAL
$ 30.300.00
EXHIBff A, page 4 of 7
coMMUNITy FACILITIES SERVICE AREA
Site #
F-1
F-2
F-3
F-4
F-5
F-6
F-7
F-8
F-9
F-10
Site Name
Community Recreation Center
Senior Center
City Hall/Maintenance Facility
Temecula Community Center
Fire Station//84
Old Town Parking Lot A
Old Town Street.scape
Temecuh Valley Museum
Old Town Parking Lot B
Temecula Childrens Museum
Monthly Price
$1,~. ~.~..00
361.00
541.00
193.00
400.00
250.00
987.00
285.00
250.00
155.00
Annual Price
$17,328.00
· 4,332.00
6,492.00
2,316.00
4,800.00
3,000.00
11,844.00
3,420.00
1,860.00
TOTAL
$ 4.866.00
$ S8.392.~
EXHIBIT A, page 5 of 7
SLOPE SERVICE AREA
(sou'm)
Si~#
S-3a
S-3b'
S~
S-8
S-12
S-13
S-16
S-~
S~I
Site Name
Rancho Highlands
Rancho Highlands - Ynez Road Slope
The Vineyards
The Villages A and B
Vintage Hills
Presley (Viranda, Coumry
Glen, Bfidlevale)
Tradewinds
Crown Hill
Ranch
Monthly Price
$515.00
255.00
4,734.00
4,600.00
1,408.00
863.00
1,428.00
10,753.00
Annual Price
$6,180.00
12,000.00
3,060.00
56,808.00
55,200.00
16,896.00
10,356.00
17,136.00
129,036.00
TOTAL
EXHIBIT A, page 6 of 7
R:~IARP, INOI~AGREEMN'I~.xcel I and~a~e 5-01 Amead.9,doc
SLOPE SERVICE AREA
(NORTH)
Site #
S-1
S-2
S-5
S..6
$-7
S-9
S-10
S-ll
S-14
S-15
S-17
S-18
S-19
S-22
Site Name
Saddlewood/Pavillion Point
Winchester Creek I and H
Signet Series
Woodcrest Country
Ridgeview
Rancho Solana
Martinique
Meadowview Estates
Mirada
Barclay Estates
Monte Vista
Temeku Hills
Campos Verdes
Lennar
Monthly Price
$2,372.00
1,202.00
2,534.00
559.00
773.00
130.00
355.00
150.00
394.00
344.00
65.00
3,640.00
2,065.00
195.00
Annual Price
14,424.00
30,408.00
6,708.00
9,276.00
1,560.00
4,260.00
1,800.00
4,728.00
4,128.00
780.00
43,680.00
24,780.00
2,340.00
TOTAL
$177.336.00
EXHIBIT A, page 7 of 7
sim #
M-13
M-14
M-15
M-18
M-19
M-20
M -23
M-24
EXlHIIIT B
Supplemental Landscape Maintenance Contract Areas
(Amended as of July 1, 2001)
MEDIANS SERVICE AREA
Site Name
Paseo Del Sol Median Islands
Overland Dive Median at Ynez Rd.
Margarita Rd. Median at Plo Pico
Margarita Rd. Median at Date Street
DePonola Rd. Median at Capanula PDS
Butterfield Stage Rd. Median at Crown Hill
Pala Rd. Medians
Meadows Parkway Medians at Paseo Del Sol
Monthly Price
500.00
100.00
200.00
100.00
100.00
100.00
250.00
200.00
TOTAL
$ 1.550.00
Annual Price
6,000.00
1,200.00
2,400.00
1,200.00
1,200.00
1,200.00
3,000.00
2,400.00
EXHIBIT B, page 1 of 2
STREETSCAPE SERVICE AREA~q
$$-2
SS-3
Site Name
Pauba Road Streetscape at Rancho Calif.
Sports Park
Rancho Calif. Rd. $tr~etscape at 1-15
Monthly Price
$ 200.00
$ lOO.OO
Annual Price
$ 2,400.00
$ ~,2oo.oo
TOTAL
$ 3.600.00
EXHIBIT B, page 2 of 2
EXHIBIT C
New Landscape Contract Maintenance Services
(Amended As of July 1, 2001)
Maintenance Service
Sports Park Maintenance (includes ballfield prep.)
Park Maintenance
Slope Area Maintenance
Slope Area Maintenance (turf)
Median Maintenance
Facility Maintenance
Ballfield Preperation (single field)
Ballfield Preperation (two field or more)
Price per Square Foot
Monthly Annually
.0085 / 0.102,
.0100 / 0.12
.0070 / 0.084
. .0100 / 0.12
.0200 / 0.24
.0200 / 0,24
45.00 per week (Monday thru Friday)
35.00 ea. per week (Monday thru Friday)
EXHIBIT C, page 1 of 1
R:~-RINGI~AG~ ! ~m~q~e 5-01 Ameod.9.doc
AGREEMENT
This Agreement, made and entered into this 24th day of June 1997.
By and Between
City ofTemecula, a
Municipal corporation
hereinafter referred to
as "CITY"
and
Excel Landscape. Inc.
a California Corporation
hereinaf[er.referred to
as "CONTRACTOR"
RECITALS
WHEREAS, CITY desires to obtain the services of a landscape maintenance Contractor to perform
landscape maintenance within the CITY's greenbelts, landscape service areas, medians, open space
areas, parks and rights-of-way.
WIlE _P?EAS, Contractor is a firm that possesses the necessary equipment, licenses, insurance, and
personnel to provide such services; and
WHEREAS, CITY's Council has authorized execution of this AGREEMENT to retain the services
of Contractor.
NOW, THEREFORE, it is mutually agreed that CITY does hereby retain Contractor to provide
landscape maintenance under the following terms:
1. CONTRACT DOCUMENTS
The complete Contract includes the following documents: 1) RFP and 2) General Landscape
Specifications. When the Specifications describe portions of the work in general terms, but not in
complete deta/l, it is understood that the item is to be furnished and installed completed and in place
and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall
furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in
executing the Contract.
2. SCOPE OF WORK
CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the
labor, materials, necessary tools, expendable equipment,.and all utility and transportation services in
accordance with "City of Temecula: General Landscape Maintenance Specifications" for slopes
(north) and neighbo/hood parks tis described in the RFP.
3. CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manger is hereby
authorized .by the City Council to make, by written order, changes or additions to the work in an
amount not to exceed the contingency as established by the City Council.
4. PAYMENTS
The City agrees to compensate monthly the Contractor for services actually performed in accordance
with the pricing sheets attached hereto as Exhibits 1 and 2, and incorporated herein as though set
forth in full. Included with monthly billing will be the work functions accomplished during that
period, (i.e., fertilization, pest control, etc.). The City shall review the invoices submitted by the
Contractor to determine whether the services were performed.- Payment shall be made thirty-five (35)
~tays following submittal of the invoice, or City shall provide the Contractor with a written statement
objecting to the invoice.
Monthly invoices shall be sent to:
City of Temecula
Finance Department
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
LIOU1DATED DAMAGES: NONPERFORMANCE
Contractor may be assessed penalties by City up to one hundred perceni (100%) of
the monthly value of a site for nonperformance and up to sixty percent (60%) of the
monthly value of a site for substandard performance. Such penalties shall be assessed
at the discretion of the City. Contractor shall be notified of any penalties in
accordance with the terms of this Contract.
The Contract may be terminated by City for failure of Contractor to satisfactorily
perform any corrective action after being notified of service failure on more than
seven(7) occasions during the base term of the Contract.
Contractor shall be notified of service failure by delivery of a "Performance Deficiency
Notification" form to Contractor by City.
Said notice will serve as formal notification that Contractor has incurred a service
deficiency sufficiently material that contract termination may result if satisfactory
corrective action is not taken by Contractor.
The Performance Deficiency Notification will contain the acceptable time period for
service correction. Upon Deficiency Notification, the correction will either be
accepted or rejected. If accepted, part or all of the penalties may be waived,
regardless of whether City has incurred loss as a result of said service failure.
Contractor will be notified of correction acceptance status by delivery of a
Performance Deficiency Status Memorandum. Should correction not be accepted, a
separate additional Performance Deficiency Notification will be delivered to
Contractor, thus increasing the number of Deficiency Notices received by Contractor.
If Contractor should neglect or refuse or fail for any reason to perform the work, the
City may terminate the Contract for nonperformance with five (5) days written notice
to Contractor.
In case of termination by the City for nonperformance, the City may contract or cause
to be done any work not completed at'the time of the termination, and the Contractor
shall pay for such work.
6. WAIVER OF CLAIMS
Unless 'a shorter time is specified elsewhere in this Contract, on or before making each request for
payment, Contractor shall submit to CITY, in writing, all claims for compensation under or arising
out of this Contract; the acceptance by Contractor of each payment shall constitute a waiver of all
claims against CITY under or arising out of this Contract except those previously made in writing and
request for payment. Contractor shall execute an affidavit and release with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City
Council has obtained the general prevailing rate of per diem wages and the general rate for holiday
and overtime work in this locality for each craft, classification, or type of workman needed to execute
this Contract, from the Director of the Department of Industrial Relations. These rates are on file
with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing
wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775,
1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the CITY, as a
penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less than the stipulated prevailing rates for any work done under this
Contract, by him or by any sub-contractor under him, in violation of the provisions of the Contract.
8. LIABILITY INSURANCE
CONTRACTOR, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the L~bor Code which requires every employer to
be insured against liability for Workers' Compensation or undertake self-insurance in accordance with
the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Contract.
9. TERM
The Contract shall remain in full force and effect for a period of 24 months from
the date of written notice to proceed, unless terminated by either party.
City reserves ihe right to exercise its option to extend this Agreement for two one-
year extensions within ninety (90) days prior to its expiration. Contract price shall be
adju.sted at the beginning of each calendar year in accordance with the changes in the
Consumer Pric~ Index for all Urban Consumers in the Los Angeles-Anaheim-
Riverside Area published monthly by the United States Bureau of Labor Statistics
(CPI).
Either party may terminate this Agreement for any reason, with or without cause
within thirty (30) days written notice to the other party.
10. TIME OF THE ESSENCE
Time is of the essence in this Contract. All time requirements stated herein shall be satisfied.
11. E FI TI N
All work covered by this Contract done at the work site or in preparing or delivering materials to the
site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and
defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of
persons (CONTRACTOR's employees included) and damage to property, arising directly pr indirectly
out of the 9bligations herein undertaken or out of the operations conducted by Contractor, save and
except claims or litigations arising through the sole active negligence or sole willful misconduct of
the CITY.
12. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions or difficulties
that may be encountered in the execution of the work under this Contract, as a result of failure to
make the necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be
accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail
all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
13. GRATUITIES
CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives with a
view toward securing this Contract or securing favorable treatment with respect thereto.
14. CONFLICT OF INTEREST
CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way
associated with any City officer or employee, or any architect, engineer, or other provider of
Specifications. Contractor further warrants that no person in his/her employ has been employed by
the CITY within one year of the date of the Notice Inviting Bids.
15. CONTRACTOR'S AFFIDAVIT
Simultaneously with submitting each monthly invoice, Contractor shall file with the City his affidavit
stating that all workmen and persons employed, all finns supplying materials, and all sub-contractors
upon the Project have been paid in full, and that there are no claims outstanding against the Project
for either labor or materials, except certain items, if any, to be set forth in an affidavit covering
disputed claims or items in connection with a Stop Notice which has been filed under the provisions
of the laws of the State of California.
16. SIGNATURE OF Contractor
Com. orations
The signature must contain the name of the corporation, must be signed by the President and
Secretmy or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for
the corporation in lieu of the above if a certified copy of a resolution of the corporate board of
directors so authorizing them to do so is on file in the City Clerk's office.
Partnerships
The names of all persons comprising the partnership or co-partnership must be stated. The proposal
must be signed by all partners comprising the partnership unless proof in the form of a certified copy
ora certificate of partnership acknowledging the signer to be a general partner is presented to the City
Clerk, in which case the general partner may sign.
Joint Ventures
Proposals submitted as joint ventures must so state and be signed by each joint venturer.
Individuals
Proposals 'submitted by individuals must be signed by the Contractor, unless an up-to-date power of
attorney is on file in the City Clerk's office, in which case said person may sign for the individual.
The above rules also apply in the case of the use ora fictitious firm name. In addition, however,
where the fictitious name is used, it must be so indicated in the signature.
17. NOTICE TO CITY OF LABOR DISPUTES
Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens
to delay the timely performanc~ of the Contract, Contractor shall immediately give notice thereof,
including all relevant information with r6spect thereto, to CITY.
18. BOOKS AND RECORDS
CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the
performance of this Contract, shall at all reasonable times be.~ubject to inspection and audit by any
authorized representative of the CITY.
19. T TYL T N
CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California
Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
CONTRACTOR agrees to contact the appropriate regional notification center in accordance with
Government Code Section 4216.2.
21. HAZARDOUS MATERIALS/CONDITIONS
CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches
required by the scope of the work in accordance with Labor Code Section 6705.
A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as
soon as Contractor, or any of Contractor's sub-contractors, agents, or employees have
knowledge and reporting is possible, of the discovery of any of the following
conditions:
The presence of any material that the Contractor believes is hazardous waste,
as defined in Section 25117 of the Health and Safety Code:
Subsurface or latent physical conditions at the site differing from those
indicated in the specifications; or
Unknown physical conditions at the site of any unusual nature, different
materially for those ordinarily encountered and generally recognized as
inherent in work of the character provided for in this Contract.
Pending a determination by the CITY of appropriate action to be taken, Contractor
shall provide security measures (e.g., fences) adequate to prevent the hazardous waste
or physical conditions from causing bodily injury to any person.
CITY shall promptly investigate the reported conditions. If CITY, through, and in
the exercise of its sole discretion, determines that the conditions do materially differ,
or do involve hazardous waste, and will cause a decrease or increase in the
Contractors cost of, or time required for, performance of any part of the work, then
CITY shall issue a change order.
In the event of a dispute between CITY and Contractor as to whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or part of the work,
Contractor shall not be excused from any scheduled completion date, and shall
proceed with all work to be performed under the contract. Contractor shall retain any
and all rights which pertain to the resolution of disputes and protests between the
parties.
22. INSPECTION
The work shall be subject to inspection and testing by authorized CITY personnel. All inspections
and tests shall be performed in such manner as to not unduly delay the work. The work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the work.
23. DISCRIMINATION
CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment
practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
24. GOVERNING LAW
This Contract and any dispute arising hereunder shall be governed by the law of the State of
California. Venue shall be the County of Riverside. In the event litigation is commenced by either
party with respect to this contract, the prevailing party in such litigation, as determined by the Court,
shall be entitled to reasonable attorney fees.
25. WRITTEN NOTICE
Any written notice required to be given in any part of[he Contract Documents shall be performed
by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor
as set forth in the Contract Documents, and to the CITY addressed as follows:
Shawn D. Nelson, Director of Community Services
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date
first above written.
DATED: CONT.,eTOn,
By: E~cel Landscape_Inc.
rint type .
Print or type TITLE
DATED:
CITY OF/~ECULA '
APPROVED AS TO FORM:
Peter M Thorson, City Attorney
ATTEST:
City Clerk
EXHIBIT 1
City of Temecula
P, equest for Proposal
Pricing Sheet for Landscape Maintenance
NEIGHBORHOOD PARKS SERVICE AREA
Site #
P-I
P-2
P-3
P-4
P-5
P-6
P-7
P-9
P-10
P-11
P-12
P-13
P-14
Veterans Park
Sam Hicks Monument Park
Calle Aragon Park
Bahia Vista Park
Loma Linda Park
Pdverton Park
John Magee Park
Voorburg Park
Nicolas Road Park
Butterfield Stage Park
Temecula Duck Pond
Rotary Park
Nakayama Park
Monthly Price
$1.550.00
$ 8oo.o0
$ 250.00
$ 250.00
$ 707.00
$1,617.00
$ 310.00
$ 3~3.00
$ 782.00
$ 3oo.oo
$ 3,000,00
$ 3,000.00
$ 8,484.00
$19,404.00
$ 3,720.00
S ~ 636_ f]~3
$ 9.744.00
$ 9,384.00
$13.860.00
$ 3,600.00
$1,500.00
TOTAL
~/ Autho~S-~,nature
J
EXHIBIT 2
City of Temecula
Request for Proposal
Pricing Sheet for Landscape Maintenance
SLOPE SERVICE AREA
(NORTFI)
' Site #
S-I
S-5
S-6
S-7
S-9
S-10
S-11
S-14
S-15
~;ite Name
Saddlewood/Pavillion Point
Winchester,Creek I and II.
Signet Series
Woodcrest Country
Ridgeview
Rancho Solana
Martinique
Meadowview Estates
Mirada
Barclay Estates
559/oo
773.00
150.O0
394.oo
344.OO
TOTAL
ITEM 3
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCEI ?~¢.__ -
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community Service~
DATE: June 25, 2002
SUBJECT:
Third Amendment to the Tree Maintenance Services Contract with
West Coast Arborists, Inc.
PREPARED BY: 'J~qKevin T. Harrington, Maintenance Superintendent
RECOMMENDATION: That the Board of Directors:
1. Approve the Third Amendment for the extension of the Tree Maintenance Services Contract with
West Coast Arborists, Inc. through June 30, 2003 in an amount of $75,000.00.
2. Authorize the City Manager to approve change orders not to exceed the contingency amount of
$7,500.00, 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 Citywide tree maintenance services. West Coast Arborists was selected
as the lowest qualified contractor.
On September 14,1999 the Board of Directors awarded the Tree Maintenance Services Contract to
West Coast Arborists, Inc. in the amount of $50,000.00.
The original Contract contains provisions that allow the Contract to be extended on a yearly basis by
mutual agreement of both parties for up to three (3) additional ~ears.
On August 22, 2000 the Board of Directors approved the First Amendment extending the Tree
Maintenance Services contract with WCA through June 30, 2001, in the amount of $75,000.00.
Thus bring the contract amount to $125,000.00.
On August 14, 2001 the Board of Directors approved the Second Amendment extending the Tree
Maintenance Services Contract with WCA through June 30, 2002, in the amount of $75,000.00.
Thus bringing the total contract amount to $200,000.00.
Staff continues to be extremely satisfied with the services provided to date and is requesting that
the contract term be extended an additional year, through June 30, 2003.
R:\HARRINGK\AGENDA.RPT\WCA Tree Maim Amend No.3.doc
The work to be performed includes tree trimming, tree and stump removals, root pruning, tree
planting, tree inventory and emergency work call-outs. This work is necessary to maintain park,
facility and slope area trees, vCnich are part of the City's Urban Forest.
The cost for these services for Fiscal Year 2002-03 is estimated at $75,000. This will bring the total
contract amount to $275,000.00.
West Coast Arborists are currently providing tree maintenance services for the Public Works
Department under another agreement.
FISCAL IMPACT: Sufficient funds are available in the TCSD Annual Operating Budget in
accounts 190-180 and 193-180. The contract amount for Fiscal Year 2002-2003 shall not exceed
$82,500.00, which includes the base contract amount of $75,000.00 and the 10% contingency of
$7,500.0O.
Attachments:
Third Amendment
Second Amendment
First Amendment
Original Contract
R:\HARRiNGK\AGENDA.RPT\WCA Tree Maim Amend No.3.doc
THIRD AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND
WEST COAST ARBORIST, INC.
THIS THIRD AMENDMENT is made and entered into as of June 25, 2002 by and between
the Temecula Community Services District, a municipal corporation ("District") and West Coast
Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth
herein, the padies agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On September 15, 1999 the District and Contractor entered into that certain
agreement entitled "Temecula Community Services District Agreement for Tree Maintenance
Services" ("Agreement").
B. The original Agreement was amended on August 22, 2000, in order extend
the term through June 30, 2001, again amended on August 11, 2001, in order to extend the term
through June 30, 2002. The September 15, 1999 Agreement, as amended, shall be referred to as
the "Agreement".
Amendment.
The padies now desire to amend the Agreement as set forth in this
2. The term of the Agreement is hereby extended through June 30, 2003.
The District agrees to pay Contractor monthly, in accordance with the payment rates
as set forth in Exhibit B attached hereto and incorporated herein by this reference as
though set forth in full, based upon actual services provided. This amount shall not
exceed TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS and NO CENTS
($275,000.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
4. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
R:\HARRINGK~AGREEM NT~WCA3rdAmendment.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
BY:
Jeffrey E. Stone, President
ATTEST:
BY:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONTRACTOR
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
(Two Signatures Required For Corporations)
R:\HARRINGK~AGRE E MNT~WCA3rdAmendment.doc
EXHIBIT "B"
FISCAL YEAR 2002/2003
ADJUSTED PRICES
ITEM
DESCRIPTION
UNIT
PRICF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Grid Trimming
Service Request
Clearance Trimming
Tree and Stump Removal
Stump Removal
Root Pruning w/Root Barrier
Root Pruning w/o Root Barrier
Plant 15 gal w/RB
Plant 15 gal w/o RB
Plant 24" box w/RB
Plant 24" box w/o RB
Crew Rental- 3 man
Emergency Crew Rental
Watering
Tree Inventory
The 2002-2003 prices reflect a 2.8% increase.
'Each
Each
Each
Inch
Inch
Each
Each
Each
Each
Each
Each
Hour
Hour
Day
Each
30.80
30.80
15.40
16.50
4.30
132.00
66.10
104.40
88.00
214.50
176.10
104.40
220.00
286.10
2.50
R:\HARRINGK~AGREEM NT~WCA3rdAmendment.doc
SECOND AMENDMENT TO AGREEMENT BETVVEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND
WEST COAST ARBORIST, INC.
THIS SECOND AMENDMENT is made and entered into as of August 14, 2001 by and
between the Temecula Community Services District, a municipal corporation ("District") and West
Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as bllows:
1. This Amendment is made with respect to the following facts and purposes:
A. On September 15, 1999 the District and Contractor entered into that certain
agreement entitled "Temecula Community Services District Agreement for Tree Maintenance
Services" ("Agreement").
B. The original Agreement was amended on August 22, 2000, in order extend
the term through June 30, 2001. The September 15, 1999 Agreement, as amended, shall be
referred to as the "Agreement".
B. The parties now desire to amend the Agreement as set forth in this
Amendment.
2. The term of the Agreement is hereby extended through June 30, 2002.
The District agrees to pay Contractor monthly, in accordance with the payment rates
as set forth in Exhibit B attached hereto and incorporated herein by this reference as
though set forth in full, based upon actual services provided. This amount shall not
exceed TWO HUNDRED THOUSAND DOLLARS and NO CENTS ($200,000.00) for
the total term of the Agreement unless additional payment is approved as provided in
this Agreement.
4. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the padies hereto have caused this Agreement to be executed the
day and year first above written.
'rEMECULA COMMUNITY SERVICES DISTRICT
ATTEST:
/ Susa. v~.Jo~es, CMC /
Approved As to Form:
BY:
/
NAME: Patrick Mahoney
TITLE:
BY:
NAME:
President
TITLE: Vice President
(Two Signatures Required For Corporations)
EXHIBIT "B"
FISCAL YEAR 200112002
ADJUSTED PRICES
ITE'M
DESCRIPTION
UNIT
PRICE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Grid Trimming
Service Request
Clearance Trimming
Tree and Stump Removal
Stump Removal
Root Pruning w/Root Barrier
Root Pruning w/o Root Barrier
Plant 15 gal w/RB
Plant 15 gal w/o RB
Plant 24" box w/RB
Plant 24" box w/o RB
Crew Rental - 3 man
Emergency Crew Rental
Watering
Tree Inventory
Each
Each
Each
Inch
Inch
Each
Each
Each
Each
Each
Each
Hour
Hour
Day
Each
30.00
30.00
15.00
16.00
4.20
128.40
64.30
101.60
85.60
208.70
171.30
101.60
214.00
278.30
2.50
The 2001-2002 prices reflect a 3.3% increase.
FIRST AMENDMENT TO AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND
WEST COAST ARBORIST, INC.
THIS FIRST AMENDMENT is made and entered into as of August 22, 2000 by and
between the Temecula Community Services District, a municipal corporation ("District") and West
Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On September 15, 1999 the District and Contractor entered into that certain
agreement entitled "Temecula Community Services District Agreement for Tree Maintenance
Services" ("Agreement").
B. The parties now desire to amend the Agreement as set forth in this
Amendment.
2. The term of the Agreement is hereby extended through June 30, 2001.
The Distdct agrees to pay Contractor monthly, in accordance with the payment rates
as set forth in Exhibit B attached hereto and incorporated herein by this reference
as though set forth in full, based upon actual services provided. This amount shall
not exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS and NO
CENTS ($125,000.00) for the total term of the Agreement unless additional payment
is approved as provided in this Agreement.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
R:\F~RINGK\AGREEMNT\WCAlstAmendment.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
eff (~'~m'"~ch~ro, President
Approved As to Form:
BY: ~~-fforney
CONTRACTOR
NAME: Patrick ~M~ahoney
TITLE: ~.President
BY:
NAME: Rose Epperson
TITLE: Treasurer
(Two Signatures Required For Corporations)
R: \NARRI NGK\AGREEMNT\WCA1 stAmendment, doc
EXHIBIT "B"
FISCAL YEAR 200012001
ADJUSTED PRICES
ITEM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
DESCRIPTION
Grid Trimming
Service Request
Clearance Trimming
Tree and Stump Removal
Stump Removal
Root Pruning w/Root Barrier
Root Pruning w/o Root Barrier
Plant 15 gal w/RB
Plant 15 gal w/o RB
Plant 24" box w/RB
Plant 24" box w/o RB
Crew Rental - 3 man
Emergency Crew Rental
Watering
Tree Inventory
The 2000-2001 prices reflect a 3.6% increase.
UNIT
Each
Each
Each
Inch
inch
Each
Each
Each
Each
Each
Each
Hour
Hour
Day
Each
PRICE
29.00
29.00
14.50
15.50
4.10
124.30
62.20
98.40
82.90
202.00
165.80
98.40
207.20
269.40
2.50
R:\HARRINGK\AGREEMNT\WCAlstAmendment.doc
TEMECULA COMMUNITY SERVICES DISTRICT
CONTRACT
FOR
TREE MAINTENANCE SERVICES
THIS CONTRACT, made and entered into the 15th day of September, 1999, by and between
the Temecula Community Services District, a municipal corporation, hereinafter referred to as
"DISTRICT", and West Coast Arborists, Inc., herein referred to as "CONTRACTOR."
WITNESSETH:
That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually
agree as follows:
.8.
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 TREE
MAINTENANCE SERVICES, Insurance Forms, this Contract, and all modifications and
amendments thereto, the State of California Depadment of Transportation Standard
Specifications (1992 Ed.) where specifically referenced in the Plans and Techni~C,,'al
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 (hereinafter, "Standard Specifications") as amended by
the General Specifications, Special Provisions, and Technical Specifications for 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 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 Contracl 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:
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 DISTRICT.
DISTRICT 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 DISTRICT or its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the
sum of: FIFTY THOUSAND DOLLARS and NO CENTS ($50,000.00) the total amount
of the base bid.
TERM: The term of the contract shall commence upon award by the District and
continue through June 30, 2000. The District reserves the option to extend th,8
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 District, 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
Bernardino 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: The work to be performed shall be completed within THIRTY FIVE (35)
CALENDAR DAYS after execution of contract and Notice to Proceed has been issued.
Work shall not commence until bonds and insurance are approved by the District,
CHANGE ORDERS. All change orders shall be approved by the District Board of
Directors. except that the General Manager is hereby authorized by the District Board of
Directors to make, by written order, changes or additions to the work in an amount not to
exceed the contingency as established by the District Board of Directors.
PAYMENTS
LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRAC'fOR shall submit to
the Community Services Director 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 Community Services Director may require. This
schedule, as approved by the Community Services Director, 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 DISTRICT, 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 thidieth (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 DISTRICT on forms provided by the DISTRICT.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the General 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. Padial 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 thi.rty
(30) days pursuant to Public Contracts Code Section 20104.50. Public Contra~t
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 DISTRICT 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
SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a The District may at any time, for any reason, with or without cause, suspend or
terminate this contract, 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 Contract, unless the notice provides otherwise. If
the District suspends or terminates a portion of this Contract such suspension or
termination shall not make void or invalidate the remainder of this Contract.
10.
11.
12.
13¸
b. In the event this Contract is terminated pursuant to this Section, the District shall
pay to the Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the District. Upon
termination of the Contract pursuant to this Section, the Contractor will submit an invoice
to the District pursuant to Section 6.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to DISTRICT, 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 DISTRICT 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 District Board of Directors has obtained the general prevailing
rate of per diem wages and the general rate for holiday and ovedime 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, CONTRAC'fOR shall forfeit to the
DISTRICT, 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. CONTRAC'fOR agrees to save, indemnify, hold harmless and defend DISTRICT,
its officers, employees, and agents, against any and all liability, injuries, or death of
persons (CONTRAC-fOR's employees included) and damage to proper~y, arising directly
or indirectly out of lhe obligations herein undertaken or out of the operations conducted
by CONTRACTOR, save and except claims or litigation arising through the sole active
negligence or sole willtul misconduct of the DISTRICT.
The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT
for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against
the project. The DISTRICT shall deduct such costs from Progress Payments or final
payments due to the DIS-I-RICT.
GRATUITIES. CONTRAC'fOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to DISTRICT's
employees, agents, or representatives with a view toward securing this Contract or
securing favorable treatment with respect thereto.
14.
15.
16.
17.
18.
19.
20.
21.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any District officer or
employee, or any architect, engineer, or other preparers of the Drawings and
Specifications for this project. CONTRACTOR fudher warrants that no person in its
employ has been employed by the DISTRICT 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 General 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 DISTRICT 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 DISTRICT.
BOOKS AND RECORDS. CONTRAC'fOR's books, records, and plans or such p~rt
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
DISTRICT.
INSPECTION. The work shall be subject to inspection and testing by DISTRICT and its
authorized representatives during manufacture and construction and all other times and
places,Jncluding_without_limitation,_the_ plans-of-CONTRACTO R 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 District 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 Temecula Community Services District of the
City of Temecula~ In the event of litigation between the padies 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 REOUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in lotal compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
22.
WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set fodh in the Contract Documents,
and to the DISTRICT addressed as follows:
Herman Parker, Community Services Director
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, CA 92590-3606
IN WITNESS WHEREOF, the padies hereto have caused this Contract to be executed on the
date first above written.
DATED:
Peter M. Thorson, City Attorney
CONTRACTOR
WEST COAST ARBORISTS, INC.
2200 E. Via Burton Street
Anaheim, CA 92806r//7
(714) 991-1900
....... Patri~/~O~ahone~Tl:~resident~-
TEMECULA COMMUNITY SERVICES DISTRICT
Comerchero. ~resiOent
ones.~~
TCSD
DEPARTMENTAL
REPORT
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Herman D. Parker, Director of Community Service~r¢~,
June 25, 2002
Departmental Report
PREPARED BY: Gall L. Zigler, Administrative Secretary
Staff released a Request for Qualifications (RFQ) for the design of an aquatic facility to be
constructed at Chaparral High School. The Board of Directors approved a Scope of Services
Agreement on December 7, 1999, with the number one ranked firm, RJM Design Group. The
architect and project design committee has completed the schematic design of the project. The
Board of Directors approved the Master Plan on June 27, 2000, and awarded a contract to RJM
Design Group on July 11,2000, for the Phase II of the Design Contract. The City Council awarded
a contract to California Commercial Pools on July 10, 2001 and construction began on August 13,
2001. This project is complete and a Grand Opening ceremony was held on May 30, 2002. The
pool is now open for public use during summer swim hours.
The Master Plan for the Temecula Public Library was adopted at the September 26, 2000 City
Council Meeting. Staff has negotiated a contract with LPA for the final construction documents and
specifications for the Temecula Public Library. Staff is resolving the final issue with the construction
documents and they will be submitted for final plan check. Staff released an RFQ for grant writing
services to apply for the California State Library's Bond Act 2000. Staff and the consultant worked
tirelessly to complete the grant application, which was delivered in person by Phyllis Ruse and
Aaron Adams to Sacramento on June 13, 2002.
The Community Services Commission reviewed the design concept for the project and
recommended staff take the design concept forward to the City Council. The Board of Directors
approved the Master Plan at the March 26, 2002 City Council meeting. Staff is finalizing the plans
for the general tenant improvements, which will be going out to bid in the near future.
We met with RHA Landscape Architects regarding the improvements to Vail Ranch Park Site "C"
adjacent to Pauba Elementary School. This project is identified in this year's CIP. The new
amenities will include a tot lot, picnic shelter, tables, benches and walkways. The Community
Services Commission reviewed and approved the conceptual master plan at their February 11,2002
Commission meeting. The architect is currently drafting the construction documents.
R:kZIGLERG~X DEPTRPT~0602.doc June 19, 2002
The Development Services Division continues to participate in the development review for projects
within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as
overseeing the development of parks and recreation facilities, and the contract for refuse and
recycling, cable television services and assessment administration.
The Maintenance Division continues to oversee the maintenance of all parks and recreation
facilities, as well as all other City owned public buildings and facilities. In addition, the Maintenance
Division assists in all aspects of Citywide special events.
The Recreation Division completed the preparation of the SummedFall 2002 Guide to Leisure
Activities, which was mailed to all City residents the first week of June. Staff is currently kicking off
many of the summer programs including Summer Day Camp the SMART Prograt~, the Learn To
Swim and Public Sw m Programs, the Summer Concert Series, and the Annual 4 of July parade
and fireworks extravaganza. The Recreation Division continues to plan, program and implement a
variety of classes and activities for the community.
R:~Z/GLERGLXDEPTRPT~0602.doc .~une 19, 2002
REDEVELOPMENT
AGENCY
ITEM 1
APPROVAL
CITY ATTORNEY
FINANCE OFFICER_,,'~ ~
CITY MANAGER /'~'¢Jf -~'
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
June 25, 2002
Executive Director/Agency Members
John Meyer, Redevelopment Director.~/~l
Exclusive Negotiating Agreement with AGK Group LLC.
RECOMMENDATION: That the Redevelopment Agency Board approve an Exclusive
Negotiating Agreement between Agency and AGK Group LLC.
BACKGROUND: Over the past year, the Agency has been entedaining several options for the
development of the northwest housing site. The 32 acre parcel, located at the northwest corner of
Diaz Road and Dendy Lane, is owned by the Agency's Low-Mod Fund.
On December 11,2001, Staff brought forth at Closed Session a proposal to consider potentially
selling the subject property for the ultimate use as a site for a Community/State College. The
Council was generally supportive of this concept. Since December, staff and representatives from
Mount San Jacinto Community College (Mount San Jacinto) and University of California, Riverside
(UCR) have met on several occasions to explore the development of a mixed-use project that would
include college facilities, affordable housing and retail/office space.
Mr. Kading has shown significant interest in developing such a project. On March 20, 2002, Mr.
Kading presented his conceptual vision for a project to city staff and representatives from MSJCC
and UCR as well as Cai State San Marcos (San Marcos). Mr. Kading's Architects, Keisker and
Wiggle Architects, were also in attendance and made a brief presentation.
Project Description
The conceptual vision for the property includes the initial development of a 50,000 square foot
classroom building to be leased by several colleges in the area. The balance of the property would
include future educational facilities, a corporate meeting center, affordable housing and retail/office
space that will support not only the educational and housing components, but also the surrounding
industrial development.
Agency Involvement
The proposed vision represents an opportunity to accomplish several goals of the City/Agency as
outlined below:
1. Relieves the General Fund from having to repay the $4 million to Low-Mod Fund.
R:\Educationcomplex\ENA Staff Report.doc
2. Allows the City to attract a higher education facility, which will greatly balance Temecula's
quality of life.
3. Provides a corporate training facility that would create a hub for economic development
activities in the surrounding industrial parks.
4. Creates additional affordable housing to assist the City in meeting its housing element
requirements.
5. Creates retail components that support both the educational facilities and the surrounding
industrial parks, making the proposed complex a true village center.
6. Redirects predominate traffic patterns by placing housing west of the freeway.
7. Enhances support for French Valley interchange and extension west across Murrieta Creek.
Agency Assistance
Currently, the Low Mod Fund has just under $4 million into the property in acquisition and
assessment district pay-off costs. Should any use be developed on the property other than
affordable housing, the Low Mod Fund would need to be reimbursed the $4 million.
By including affordable housing, the Agency can write off the basis in the property in the following
manner. The Agency would pledge the property to the developer in return for a specific number
covenant-restricted units. Should additional affordable housing be provided, the Agencycould make
an additional cash contribution.
Exclusive Negotiating Agreement
In order to facilitate the proposed project, A. G. Kading has requested the Agency enter into an
Exclusive Negotiating Agreement (ENA). The ENA provides Mr. Kading with the assurance that the
Agency is not out soliciting other development partners for similar projects on the subject property.
The proposed ENA provides Mr. Kading a 180-day due diligence period. During this time, Mr.
Kading will expend his resources to provide the Agency with the following:
2.
3.
4.
5.
6.
A detailed project description including two conceptual site plans
A work schedule for the completion of the project
Preliminary cost estimates
Preliminary sources for private financing
Confirmation in form of letters of intent from participating academic partners
List of prospective retail tenants
In addition, based upon Mr. Kading's ability to perform, draft deal points for a subsequent
Development and Disposition Agreement (DDA) would be formulated through the end of the ENA
period with the intent of drafting a DDA. The Agency has retained the services of Keyser Marston
Associates Inc. to provide third-party analysis of the ENA, and would plan to use KMA to assist in
the drafting of the DDA, as appropriate.
The Exclusive Negotiating Agreement is the first step in the development of this project. No Agency
commitment to sell the property can be made until a final agreement is approved following a public
hearing.
FISCAL IMPACT: As outlined above, the Low Mod Fund has a nearly $4 miJlion basis in the
northwest property.
Attachments: Exclusive Negotiating Agreement
R:\Educationcompfex\ENA Staff Report.doc
EXCLUSIVE NEGOTIATING AGREEMENT
This Exclusive Negotiating Agreement (this "Agreement") is made and entered into as of
June 25, 2002, by and between the Redevelopment Agency of the City of Temecula, a public
body, corporate and politic (the "Agency") and AGK Group LLC, a California limited liability
company (the "Developer").
RECITALS
A. The subject matter of this Agreement is that certain real property consisting of
approximately thirty-three (33) acres, generally located northwest of the intersection of Diaz
Road and Dendy Parkway, in the City of Temecula, California (the "City"), shown on the "Site
Map" and more particularly described in the "Legal Description", which are attached hereto as
Attachment No. 1 and Attachment No. 2, respectively, and incorporated herein by this reference
(the "Site"). The Site is outside of the Redevelopment Project Area.
B. The Agency and the Developer wish to enter into this Agreement to negotiate
with each other and establish certain information as to the terms and conditions which would be
the basis for the parties entering into an Owner Disposition and Development Agreement (the
"Disposition and Development Agreement") that would result in the acquisition of the Site by
the Developer and the Developer's development of the Site as a master planned project with
office, retail, educational, and low and moderate income housing uses (collectively, the
"Project").
C. The Agency wishes to encourage the continued planning and economic,
environmental, and financial evaluation of the Project and the Site. Recognizing that them will
be a cost for such evaluation, the Developer and the Agency are willing to enter into this
Agreement setting forth the terms pursuant to which the Agency will deal with the Developer on
696101.1 June 6, 2002
Page 1
an exclusive basis for a period of one hundred eighty (180) days from the date of this Agreement
regarding the establishment of certain information and terms and conditions regarding the
Developer's proposed development of the Site which would determine the basis upon the
Agency and Developer would attempt to negotiate and enter into a Disposition and Development
Agreement for the development of the Site.
D. The Agency anticipates that following execution of this Agreement and through
the ENA Period (as defined below), the staff, consultants and attorneys of the Agency will
devote substantial time and effort in meeting with the Developer and its representatives,
reviewing proposals, plans and reports, meeting with financial institutions and potential tenants,
and discuss providing aid and assistance to the Developer in connection with the proposed
Project, and in negotiating and preparing the key terms of a Disposition and Development
Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Subject to Section 22, below, the term of this Agreement shall commence
on the date hereof and shall end on the date one hundred eighty (180) calendar days thereafter
(the "ENA Period").
2. During the ENA Period the Developer shall deliver, at its sole cost and expense, the
materials and information set forth below to the Agency for the Agency's review and approval:
a. Materials to be delivered by Developer to the Agency within one hundred
and twenty (120) days from the date of this Agreement:
(1) A detailed Project description and two (2) conceptual land use plans
identifying and setting forth the uses, product type and mix, square
footage, building layout, parking and, as applicable, the phasing of the
Project for the proposed development of the site (the "Land Use
Plan").
696101.1 June 6, 2002
Page 2
(2) A draft schedule of development together with a phasing plan, as
applicable, setting forth the proposed timetable for the development of
the Project, including offsite public improvements.
(3) Completion of a Phase 1 environmental site assessment for the Site.
b. Materials to be delivered by Developer to the Agency within one hundred
eighty (180) days from the date of this Agreement:
(1)
A list of prospective major tenants for space at the Project, together with,
letters of intent including a discussion of potential size and type of space
requested.
(2)
A list identifying the Developer's sources of funding and status of
financing commitments for the costs of development of the Project setting
forth what percentage of such cost will be paid from equity, financing or
other sources.
(3) Cost estimates for the Project.
(4) A draft application for the proposed Specific Plan for the Site.
(5)
A financial pro forma for the Project on a phase by phase basis, if
applicable, reflecting all anticipated Project income and revenues
(including property sales proceeds) reconciled against anticipated
operating costs for the applicable period.
(6) A financial analysis of the Project establishing the Developer's projected
return on its investment in the Project.
(7) Confirmation in form of a detailed Letter of Intent from participating
Academic Partners.
3. During the ENA Period the Agency shall, at its sole cost and expense use
commercially reasonable efforts to complete (or cause to be completed) the following matters set
forth below:
a. Agency tasks to be completed within ninety (90) days from the date of this
Agreement:
(1) Coordinate Agency resources to support development of Project.
(2) Determination of per unit cost of affordable housing.
696101.1 June 6, 2002
Page 3
b. Agency tasks to be completed within one hundred eighty (180) days from
the date of this Agreement:
(1) Coordinate City/Agency to support development of the Project.
(2) Develop all necessary legal documents for the Disposition and Development
Agreement.
4. During the ENA Period the Agency shall not negotiate with any person or
entity other than the Developer regarding the development of the Site.
5. Throughout the ENA Period, Agency staff shall be available to meet with
the Developer to discuss the Project and the land use plan, financing, development schedule, and
other issues relating to the Project or this Agreement. In addition, the Agency agrees to allow
the developer reasonable access to the site. The developer shall provide the Agency at least a 24
hour notice requesting access to the site. The developer, at its sole cost and expense, shall be
responsible for any permits or fees related to investigative work done on the site and will be
responsible for returning the site to its original condition.
6. If, prior to the end of the ENA Period, the Developer and the Agency
(each in the exercise of their sole discretion) have not entered into an disposition and
development agreement in respect of the material terms of the development of the Project, then
this Agreement shall automatically terminate and, except as expressly provided in Section 9
hereof, neither party hereto shall have any further rights or obligations under this Agreement.
7. The Agency and Developer acknowledge that all applicable requirements
of California Environmental Quality Act ("CEQA") must be inet in order to execute and deliver
the Disposition and Development Agreement, or develop the Site. The Agency and Developer
acknowledge that an environmental review of the proposed development of the Site is required
by CEQA and that any rights of Developer to develop the Project will be subject to such
environmental review.
696101.1 June 6, 2002
Page 4
8. Provided that the Developer is not in default under this Agreement and
that the Agency has not terminated this Agreement pursuant to Section 22, below, the ENA
Period may be extended by the mutual written consent of the parties for an additional period of
ninety (90) days. The Agency's Executive Director may grant such extension upon receipt of a
written extension request and a report from the Developer indicating in specific detail the
conditions, terms or issues which remain to be resolved order to comply with the terms of this
Agreement. The granting of any extension pursuant to this Section shall be in the sole and
absolute discretion of the Agency's Executive Director. No such extension shall be construed as
to limit the exercise of the Agency's discretion to elect not to enter into a disposition and
development agreement with Developer.
9. The Developer shall indemnify, defend, and hold the Agency and City
harmless from any and all costs, losses, claims and other liability resulting from the execution of
this Agreement or the Developer's performance under this Agreement. Such indemnity shall
survive the expiration or other termination of this Agreement. In the event that any claim should
be filed against the Agency or City which would require indemnification by Developer
hereunder, the Agency or City shall notify Developer of such claim in a timely manner to permit
Developer the opportunity to provide adequate representation to the Agency or City with respect
to any such claim.
10. The parties anticipate that the Disposition and Development Agreement
will include the following provisions:
(a) Agency would convey the Site to Developer, conditioned on
completion of fifty (50) to eighty (80) covenant restricted housing units affordable to persons of
low and moderate income
696101.1June6,2002
Page 5
(b) The Developer shall develop and construct the Project on the Site,
both at its own cost and expense. The Project shall include, as a minimum, fifty (50) to eighty
(80) covenant restricted housing units affordable to persons of low and moderate income with
requirements for the number of bedrooms to be constructed as well as the number of units to be
affordable to persons of very low, low median income. The construction of the Project shall be
commissioned and completed pursuant to a schedule of performance to be incorporated in the
Disposition and Development Agreement and approved by the Agency in the exercise of its
reasonable discretion.
(c) Developer shall process a Planned Development Overlay zone
change for the Site and obtain all applicable land use entitlements.
(d) The obligations of the Developer contained in the Disposition and
Development Agreement shall constitute covenants running with the land comprising the Site
and shall bind any future owners or lessees.
11. Except as set forth in the Disposition and Development Agreement, the
Agency and the City will not be obligated to provide any further public financial assistance to the
Developer toward the development of the Project, including, without limitation, financial
assistance to owners, developers, tenants or users in the Project. The Developer will secure all
necessary tenants, developers, owners or users for the Project in compliance with ali applicable
law, including the Community Redevelopment Law.
12. The Developer covenants and agrees that there shall be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed,
religion, sex, sexual orientation, marital status, national origin, or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the Site and the Project, nor shall the
Developer or any person claiming under or through the Developer, establish or permit any such
696101.1 June 6, 2002
Page 6
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Site and
Project, and in compliance with this provision, shall cause to be contained in the Disposition and
Development Agreement and in any contracts, leases or other agreements (as required by
applicable law) respecting the Project, the foregoing provisions.
13. The Developer shall bear all costs and expenses of any title,
environmental, engineering, financial, or other analyses incurred by the Developer.
14. The Developer and the Agency understand and agree that neither party is
obligated to enter into a Disposition and Development Agreement; however, the Developer and
the Agency shall negotiate in good faith with respect to the Disposition and Development
Agreement. In the event of termination or expiration of this Agreement, the Agency shall be free
at the Agency's option to negotiate with any persons or entities with respect to the acquisition
and development of the Site.
15. The Developer represents that its undertakings pursuant to this Agreement
are for the purpose of redevelopment of the Site and not for speculation in land holding. The
Developer further recognizes that, in view of the importance of the redevelopment of the Site to
the general welfare of the community; the public assistance to be made available by law and by
the Agency and the City on the conditions stated herein, for the purpose of making such
redevelopment possible; and the fact that a change in ownership or control of the Developer or of
a substantial part thereof, or any other act or transaction involving or resulting in a significant
change in ownership or control of the Developer or the degree thereof, is for practical purposes a
transfer or disposition of the property then owned by the Developer, including Developer's right
to acquire the Site under the Disposition and Development Agreement; the qualifications and
identity of the Developer and its principals are of particular concern to the City and the Agency.
Therefore, prior to completion of the Project, no voluntary or involuntary successor in interest of
696101.1 June 6, 2002
Page 7
Developer, except for a permitted mortgagee with respect to the Site, shall acquire any interest in
or rights or powers under this Agreement except as expressly set forth herein or therein. This
Agreement may not be assigned by the Developer without the express written consent of the
Agency, which consent is subject to the sole and absolute discretion of the Agency.
16. The parties understand and agree that the public Disposition and
Development contemplated by this Agreement may be required, in the Agency's sole discretion,
to be arranged and delivered by a public agency other than the Agency, such as the City or a joint
powers authority created by the City and the Agency. The Agency has the power and discretion
to assign all or a portion of its rights and obligations under this Agreement to such other public
agency as it deems appropriate to carry out the intent of this Agreement in the best interest of the
Agency and the City.
17. Neither the submission of this Agreement by the Agency to the Developer,
nor the execution of this Agreement by either party, shall constitute an option or offer to acquire
or sell any real property by either party or a commitment by the Agency to expend any financial
resources on the Project, it being intended hereby that obligations to acquire the Site or any
portion thereof or any interest therein shall become effective only following the approval and
execution of the Disposition and Development Agreement by the Agency.
18. The Agency may terminate this Agreement if the Developer should fail to
comply with and perform in a timely manner to the satisfaction of the Agency all provisions
hereof on the Developer' s part to be performed, or if progress is not being made in negotiations
hereunder. The Agency shall provide thirty (30) days written notice to the Developer which
specifies any dissatisfaction or belief and the Agency shall not terminate this Agreement if the
Developer cures the deficiencies specified by the Agency to the satisfaction of the Agency within
such thirty (30) day period.
696101.1 June 6, 2002
Page 8
19. Any notice, request, approval or other communication to be provided by
one party to the other shall be in writing and provided by personal service or a form of express
mail or service as well as by facsimile, and addressed as follows:
If to the Developer:
AGK Group LLC
35411 Paseo Viento
Capistrano Beach CA 92624
With copy to:
Paul C. Hegness
Good, Wildman, Hegness and Walley
5000 Campus Drive
Newport Beach California, 92660
Facsimile phone number: 949 833 0633
If to the Agency:
696101.1 June 6, 2002
Redevelopment Agency of the City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer, Redevelopment Director
P~e9
20. This Agreement constitutes the entire agreement of the parties hereto with
respect to the subject matter hereof. Them am no agreements or understandings between the
parties and no representations by either party to the other as an inducement to enter into this
Agreement, except as expressly set forth heroin. All prior negotiations between the parties are
superseded by this Agreement. This Agreement may not be altered, amended or modified except
by a writing executed by both parties. Subject to any express provisions of this Agreement to the
contrary, the Agency shall have no obligation to enter into the Disposition and Development
Agreement with the Developer and neither the Agency nor its officers, members, staff or agents
have made any promises to the Developer other than to exclusively negotiate with the Developer
during the ENA Period, and no statements of the Agency or its officers, members, staff or agents
as to futura obligations shall be binding upon the Agency until the Disposition and Development
Agreement is approved and adopted by the Agency and then duly executed by the officers of the
Agency duly authorized to do so.
21. If either party should bring any legal proceeding relating to this
agreement, or to enforce any provision hereof, the party in whose favor judgment is rendered
shall be entitled to recover reasonable attorneys' fees and expenses of litigation from the other.
The interpretation and enforcement of this Agreement shall be governed by the laws of the State
of California.
22. This Agreement may be executed simultaneously or in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
696101.1June6,2002
Page 10
"Agency"
Redevelopment Agency of the City of
Temecula, a public body, corporate and
politic
By:¸
Chairman
Attest:
"Developer"
AGK Group, LLC,
A California limited liability company
By:
Name:
Title:
By:
Name:
Title:
Susan Jones, Secretary
Approved as to form:
Richards, Watson & Gershon
By:.
Peter M. Thorson, Agency Counsel
696101.1 June 6, 2002
P~ell
ATTACHMENT NO. 1
Site Map
Page 12
Northwest Sports Park
City of Temecula
r:~gis~kelI~arcv~ev4xojects~tJ~west_don.apr
ATTACHMENT NO. 2
Legal Description of the Site
Page 13
ALL T~AT ~ ~ ~ IN -~'~ CITY OF T~LA~ COUNT~ OF
~ ~VX~O A ~ OF 4000.00 F~; ~E SO~y 461,3~
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~, ~ N~ 16, 1972~ ~ ~ ~X~XN~ OF A ~
~~, ~ A ~ OF 850.00 ~ ~ ~o ~Z~ ~OXN~ A
1 OF ~D P~ ~ ~. 46461 ~ N~ 39o48ff320 ~ 690.00
4g°Oge3O~ ~ 4388,30 ~ ~G ~ ~ ~
8A~D ~AR(~., 2.~, ~ZflTAN~ ],680060 ~z2~.' ~ ~ J(O~T ~
O~P fiAZD ~*~ ~L~'C:B ~0~ 48o0gf3Ou RAS~ 3,680.60
RDA
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR ~
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Executive Director/Redevelopment Age~,,~ ~/~ers
John Meyer, Redevelopment Director ~__.~'-~/ I
June 25, 2002
Monthly Departmental Report
Attached for your information is the monthly report as of June 25, 2002 for the Redevelopment
Department.
First Time Homebuyers Program
Funding in the amount of $200,000 is available for FY 01-02.
Residential Improvement Programs
The program budget for FY 01/02 is $250,000 and $226, 920 has been funded for 57 units.
Affordable Housinq
The Agency has entered into a Disposition and Development Agreement (DDA) with Affirmed
Housing to develop a 17 affordable single-family housing project. Construction will begin in late
June, 2002, with homes available for purchase in early 2003. Affirmed will market the homes
during the construction period.
Senior Housinq
Agency staff is negotiating with a development partner to rehab units for an affordable senior
housing project.
Old Town Community Theater
The Amhitect is working on the Construction drawings and is scheduled to complete them in
August.
R:\SYERSIGMONTH LLY~reportjunl2002.doc
The Mercantile Buildin.cl Retrofit
Staff anticipates bringing a contract for Council consideration within 30 days. Staff estimates
about a 90-120 day construction period.
Facade Improvement/Non-Conforrnin(3 Siqn Pro_qram
The following facade improvement/sign projects are in process or have recently been
completed:
· Welty Building
Sign Program
· Country Porch
Fire Suppression System
· La Table De Provence
Sign Program
· Del Rio Cakes & Supply
Sign Program
Old Town Promotions/MarketinR
Great Race and Street Paintin.q Festival - Once again, the Great Race returned to
Temecula. This event was held in conjunction with our Street Painting Festival
scheduled on June 22 & 23, 2002. The City of Temecula, along with The Temecula
Chamber of Commerce, hosted a luncheon with the arrival of vintage cars driving
through Old Town on Saturday, June 22. Throe participating restaurants provided lunch
to the Great Race drivers served by the Drifters Car Club, Temecula Valley Car Club
and Temecula Valley Model A Car Club.
In addition, the Agency sponsored the 2nd Annual Street Painting Festival which featured
over 100 artists painting murals ranging in size from 4 foot by 6 foot to a 10 foot by 12
foot blocks on the asphalt. Street painting originated in Italy with the artist gaining the
title "Madonnari" after their historical practice of creating chalk paintings of the Madonna.
Now the name Madennari implies Italian Street Painting that expands beyond the scope
of its original religious nature. Children participated in the street painting fun at the
Children's Art in the Park events held in Sam Hicks Park at the northern edge of Old
Town Temecula. While a variety of programs were offered at the park, youth Street
Painters were able to try out their creative talents on the sidewalks as part of the street
Painting Festival. The event was free to the public and artists.
Summer Ni,qhts - "First Friday Summer Nights" will kick off on July 5 in Old Town. It's
Old Town Temecula's "Hot First Friday Summer Nights" which will feature a variety of
live bands and a different theme each first Friday night.
R:\SYERSK~MONTHLLY~reportjunl2002.doc
2
Our First Friday Night, July 5, will be themed Red, White & Blues. The evening will
feature blues by Aunt Kizzy's Boyz, Rocky Zyarp & the Blues Crackers, and Gypsy Jazz
by Club Django. This will include games for the kids, jolly jumps, craft and food vendors.
R:\SYE RSKffvlONTH LLY~reportju nl2002.doc
3
Old Town Temecula
June 22nd & 23rd
GREAT RACE
Saturday, June 22nd
Artists Begin Painting at 8 a.m. Saturday
Plus Aunt Kizzy's Boyz 2 p.m. Saturday and Trinidad Steel Drum Band Sunday lp .m.
ARTISTS WELCOME
Squares sho, uld be reserved by June 12, 20021 Call the office for street painter/artist application /'~...,,.%~
Umbrella s, breakfast, lunch and water provided for all Artists by FUI Natural Artesian Water /
. My Buddies Pizza & Rosas Cantina I ~-.I
~IJ[ (909) 678-1456G';~%. / OUI?~';~_'~uUT
or,909) 694-6412 ,,,~uL^ ~L~.te~j~?.~lrE /
¢,~ '~ji~:r;~ Old Town Temecula is located off the I- 15 Freeway ~ ~'~;/'Orni~ I
Inland Southern California's Net~,spaper
ITEM 20
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA~E
CiTY MANAGER (_~
CITY OF TEMECULA
~ /AGENDA REPORT
City Manager/C~/~o~incil
Debbie Ubnoskr~, D~rector of Planning
June 25, 2002
Appeal of Mitigated Negative Declaration for Temecula Creek Village (Planning
Applications 01-0610 & 0611)
PREPARED BY:
Emery Papp, Associate Planner
RECOMMENDATION: That the City Council:
1. ADOPT a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION, AND APPROVING PLANNING APPLICATION
01-0610, A 14-LOT TENTATIVE PARCEL MAP AND 01-0611, A
DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION
AND OPERATION OF A 400-UNIT MULTI-FAMILY
RESIDENTIAL APARTMENT COMPLEX; 108,100 SQUARE
FEET OF RETAIL/OFFICE USES; AND A 15,000 SQUARE-
FOOT CHILD CARE CENTER, GENERALLY LOCATED ON
THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN
JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONES,
KNOWN AS ASSESSOR PARCEL NUMBER 961-010-006, AND
DENYING AN APPEAL OF THE PLANNING COMMISSION'S
DECISION
BACKGROUND:
Planning Applications 01-0610 and 0611 originate from a proposal by the Old Vail Partners and
Land Grant Development for the Temecula Creek Village project site. The original proposal was
complicated when the City's first General Plan designated the property as Professional Office.
Old Vail subsequently filed a series of state and federal actions against the City for inverse
condemnation and related claims.
The claims were settled in November 2000. The City Council adopted Ordinance 2000-13 that
established Planned Development Overlay 4 (PDO-4), and Resolution 2000-13 that amended
R:\P M~2001\01-0610 TPM30468 Temecula Creek Village~Agenda Repor~ CC 06-25-02.doc
1
the General Plan Circulation Map to remove a portion of Via Rio Temecula from the circulation
map. The passage of the Ordinance and the Resolution led Cid Vail and the City to enter into a
Settlement Agreement. The agreement was signed on November 28, 2000, and contained
provisions for 400 mutti-family residential units and 123,000 square feet of commercial space.
The negative declaration for the PDO was never appealed and, consequently, the intensity of
the proposed use may not now be challenged.
A Mitigated Negative Declaration for the Tentative Parcel Map (PA01-0610) and related
Development Plan (PA01-0611) was prepared and circulated for public comment from April 1,
2002, through April 30, 2002. A public hearing was held on May 1, 2002 and the Planning
Commission approved the Mitigated Negative Declaration, the Tentative Parcel Map, and the
Development Plan for Temecula Creek Village (Planning Commission Agenda Packet is
included as Attachment 9; the minutes are included as Attachment 7).
On May 8, 2002, "Citizens First of Temecula Valley" filed an appeal application to the City
Council to rescind the approval of the Mitigated Negative Declaration and the associated
approvals for the Tentative Parcel Map and Development Plan (Appeal Application is included
as Attachment 3). It is the desire of the Appellant that the Applicant prepare a "legally
adequate" EIR that addresses the issues of Traffic, Air Quality, Grading, and Noise. No other
appeals have been filed and no other issues have been identified as not being adequately
addressed in the Mitigated Negative Declaration that was prepared for this project.
DISCUSSION:
There are four key issues that the Appellant alleges are not adequately addressed in the
Mitigated Negative Declaration. They are traffic, air quality, grading, and noise impacts. These
issues will be addressed individually in the sections that follow.
Traffic
In the Appeal Application, the Appellant claims that the Temecula Creek Village project will
generate 10,775 vehicle trips per day; states that according to Ca~Trans, State Highway 79
South currently carries approximately 42,000 trips per day; and that cumulative impacts have
not been considered in the Mitigated Negative Declaration. Furthermore, the Appellant claims
that cumulative traffic impacts will exceed the carrying capacity of Highway 79 South and that
no mitigation is provided.
In response to the Appellant's claims concerning traffic, staff offers the following:
The most recently completed traffic analysis for Temecula Creek Village indicates a ne__t
increase of 8,716 daily vehicte trips after discounting for "internal capture and retention" (see
study, Attachment 6). Even the traffic study provided by the Appellant indicates a net average
daily trip factor of 9,120 trips, which is 1,655 vehicle trips less than that claimed by the
Appellant.
If Highway 79 South currently carries 42,000 vehicle trips, and Temecula Creek Village will
contribute an additional 8,716 vehicle trips (or 9,210 trips according to appellant's report), then
at full-buildout of this project, the traffic count on 79 South would be 50,716 (or 51,210 based on
appellant's report). The Genera~ Plan classifies 79 South as an Urban Arterial Highway, capable
of carrying more than 70,000 vehicle trips per day at a Level of Service D. Goal 1 of the
General Plan Circulation Element states that the City shall "Strive to maintain a Level of Service
R:\P k,~2001\01-0610 TPM30468 Temecula Creek Village~,genda Report CC 06-25-02.doc
2
"D" or better at all intersections within the City during peak hours and Level of Service "C" or
better during non-peak hours."
The Appellant claims that the cumulative impacts of the projects identified in the traffic study
provided by the Appellant indicates that the total number of vehicle trips on 79 South will exceed
82,500. However, it is not reasonable to assume that every vehicle trip generated by the
projects listed in the cumulative list will end up on 79 South. Traffic from cumulative projects will
be diverted onto cross streets such as Margarita Road, Meadows Parkway, Butterfield Stage
Road and Redhawk Parkway. Staff fee~s that the cumulative traffic impacts along 79 South will
be within the acceptability levels identified in the General Plan Circulation Element.
Furthermore, the mixed-use Temecula Creek Village project will have fewer daily vehicle trips
than was originally anticipated for the project site when the General Plan was adopted. The
original Professional Office (PO) designation for the 32.6-acre site would have created a
potential of 13,000 daily vehicle trips, averaging 400 daily vehicle trips per acre. Therefore,
approval of the Temecula Creek Village project, as proposed, will cause a reduction of
approximately 2,225 vehicle trips from what was anticipated in the General Plan EIR. The City's
Public Works Department has reviewed and accepted the Traffic Study prepared for this project.
For these reasons, staff feels that the resulting cumulative traffic impacts in this area are
adequately addressed in the Mitigated Negative Declaration that was adopted by the Planning
Commission on May 1,2002.
Air Quality
In the Appeal Application, the Appellant reaffirms that the Mitigated Negative Declaration for the
Temecula Creek Village project states that the project will create a condition where Reactive
Organic Gases (ROG), Nitrates of Oxygen (NOx), and Carbon Monoxide (CO) will exceed South
Coast Air Quality Management District (AQMD) recommended thresholds of significance. The
Appellant also claims that painting two homes per day will exceed thresholds of significance for
Volatile Organic Compounds (VOC), and that grading in excess of 10 acres will exceed
thresholds of significance "even with implementation of all BACT's [Best Available Containment
Technologies]."
In response to the Appellant's claims concerning air quality, staff offers the following:
In response to the claim that painting two homes per day will cause the air quality to exceed
thresholds of significance for VOCs, staff feels this claim is unproven. The Appellant offers as
evidence, a portion of an EIR from another project in the Inland Empire (Lytle Creek), which is
within a different air sub-basin than Temecula. The air quality in Temecula is better than in Lytle
Creek, and staff feels that the comparison is not appropriate. Furthermore, the section of the
EIR provided by the Appellant states that painting two homes will use approximately 40 gallons
of paint, and that will cause VOCs to exceed thresholds of significance. The Temecula Creek
Village project will construct the residential portion of the project first. The majority of the
apartment units will be approximately 820 square-feet in size, and share common walls. The
largest units will be approximately 1,256 square-feet. Because the square-footage of the units
is smaller than a typical single-family house, and because the units share common walls, it is
not reasonable to assume that painting two units a day will cause VOCs to exceed thresholds of
significance. Furthermore, when the Initial Study was routed to the State Clearinghouse for
agency distribution and review, the Clearinghouse did not feel it necessary to route it to AQMD.
The claim that grading in excess of 10 acres will exceed thresholds of significance will be
discussed in the following Section.
R:\P M~2001\01-0610 TPM30468 Temecula Creek Village\Agenda Report CC 06-25-02.doc
3
Grading
The Appellant claims that grading activity which disturbs more than 10 acres will cause the
project to exceed the thresholds of significance, but the Appellant fails to identify which
threshold of significance is being exceeded. From the excerpt of an EIR presented as evidence
by the Appellant for a project in Buena Park, CA, staff has determined that the Appellant may be
referring to Particulate Matter that is approximately 10 microns in size (otherwise known as PM-
10 and/or "fugitive dust."
in response to the Appellant's claims concerning grading, staff offers the following:
Staff disagrees with the Appellant that impacts "will not be reduced below a level of
significance." The portions of the EIR submitted by the Appellant as evidence clearly states, "If
strong dust control procedures are implemented, as much as 15 acres of the project site could
be under disturbance to maintain a less than significant daily PM-10 emission rate." The
Mitigation Monitoring Program that was a part of the Mitigated Negative Declaration approved
by the Planning Commission on May 1, 2002, contains an aggressive dust control program that
will reduce the impacts to a level that is less than significant. The project can easily be
monitored to ensure that no more 15 acres are disturbed at a time.
Noise
The Appellant asserts that the project will expose existing residents to significant noise impacts
from the additional traffic and construction activity created by the project. The Appellant has
submitted excerpts from a Subsequent EIR prepared for the Redhawk Towne Center as an
example of noise impact analysis. The Appellant asserts that the Negative Declaration fails to
analyze and mitigate noise impacts on existing residences in the area.
The General Plan EIR and Noise Element contain existing and projected noise levels along
Highway 79, using calculations based on road width and projected vehicle traffic levels. The
General Plan also identifies sensitive receptors such as residences, and includes goals,
policies, and criteria to properly protect those sensitive receptors. The applicant also submitted
a noise study which was prepared by an acoustical consultant, Urban Crossroads. The report
identified six (6) specific mitigation measures needed to ensure project compliance with the
General Plan Noise Element, and those have been incorporated into the Mitigation Monitoring
Plan and conditions of approval.
Staff believes that the noise impacts have been adequately addressed and mitigated, in
addition, the project's contribution to the Highway 79 noise impact has been adequately
addressed, because the traffic increase created by the project is well within the range projected
in the General Plan EIR. Therefore, the noise contours contained in the General Plan are still
accurate. There is also a City-wide ordinance which regulates the hours of grading and
construction activity to protect nearby residents from noise impacts. There would be no further
benefit derived by requiring an EIR to address noise impacts.
FISCAL IMPACT:
No fiscal impact is anticipated.
R:\P M~001\01-0610 TPM30468 Temecula Creek Village~Agenda Report CC 06-25-02.doc
4
ATTACHMENTS:
2.
3.
4.
5.
6.
7.
8.
9.
City Council Resolution of Denial - Page 6
City Council Resolution of Approval - Page 9
Appeal Application - Page 12
Letter to Appellant, May 9, 2002 - Page 13
Supplemental information from the Appellant - Page 14
Mitigated Negative Declaration -Page 15
Planning Commission Minutes May 1, 2002 - Page 16
Planning Commission Resolution May 1,2002 - Page 17
Planning Commission Agenda Packet May 1,2002 - Page 18
R:\P M~001\01-0610 TPM30468 Temecula Creek Village\Agenda Report CC 06-25-02.doc
5
ATTACHMENT NO. 1
CITY COUNCIL RESOLUTION OF DENIAL 2002-
R:\P M~2001\01-0610 TPM30468 Temecula Creek Village~Agenda Report CC 06-25-02.doc
6
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REJECTING A MITIGATED NEGATIVE
DECLARATION AND DENYING PLANNING APPLICATION 01-
0610, A 14-LOT TENTATIVE PARCEL MAP AND 01-0611, A
DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION
AND OPERATION OF A 400-UNIT MULTI-FAMILY
RESIDENTIAL APARTMENT COMPLEX; 108,100 SQUARE
FEET OF RETAIL/OFFICE USES; AND A 15,000 SQUARE-
FOOT CHILD CARE CENTER, GENERALLY LOCATED ON
THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN
JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONES,
KNOWN AS ASSESSOR PARCEL NUMBER 961-010-006 AND
APPROVING AN APPEAL OF THE PLANNING COMMISSION'S
DECISION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
On December 5, 2001, McComic Considated filed Planning Aplication 01-
0610 for a 14-1ot Tentative Parcel Map and Planning Application No. 01-
0611 for a Development Plan for the design, construction and operation
of a 400-unit multi-family residential apartment complex, 108,100 square
feet of retail/office uses, and a 15,000 square-foot child care center,
generally located on the south side of highway 79 south, between
Jedediah Smith Road and Avenida de Missiones, known as Assessor
Parcel Number 961-010-006 ("Project").
The applications were processed and an environmental review was
conducted as required by the California Environmental Quality Act.
The Planning Commission held a duly noticed public hearing on May 1,
2002 to consider the application and environmental review.
After considering the staff report and public testimony, the Planning
Commission adopted a Resolution approving a Mitigated Negative
Declaration, Mitigation Monitoring Plan, Tentative Parcel Map and
Development Plan.
An appeal of the Planning Commission decision was properly filed by
Citizens First of Temecula on May 8, 2002, along with supplemental
information requested by staff which submitted on May 17, 2002.
The City Council considered the appeal, staff report, Planning
Commission Minutes, and the complete public record at a duly noticed
public hearing on June 25, 2002.
R:/Resos 2002/Resos 02- 1
Section 2. The City Council has reviewed the Mitigated Negative Declaration and all
comments received regarding the Negative Declaration and, based on the whole record before
it, finds, determines and declares that:
The Mitigated Negative Declaration was not prepared in compliance with
CEQA as the Mitigated Negative Declaration is inadequate and fails to
adequately assess and identify mitigation of the traffic, air quality,
grading, and noise impacts associated with the project.
There is substantial evidence that the Project will have a significant effect
on the environment.
The appeal raises valid and fair arguments about the environmental
impacts associated with the project.
The Planning Commission resolution of approval and findings of fact are
not consistent with the California Environmental Quality Act.
In order to comply with the California Environmental Quality Act, a
focused Environmental Impact Report (EIR) must be prepared which
addresses traffic, air quality, grading, and noise impacts associated with
the Project.
Section 3. The appeal of the Planning Commission approval of Planning Application
Nos. PA 01-0610 and PA 01-0611 as described herein, is hereby approved and the decision of
the Planning Commission is reversed, without prejudice, in order to allow the Applicant to
prepare the appropriate environmental documents.
PASSED, APPROVED AND ADOPTED by the City of Temecula City Council this 25th
day of June, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 2002JResos 02-_ 2
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
Resolution No. 02- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting held on the 25th day of June, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2002/Resos 02-_ 3
ATTACHMENT NO, 2
CITY COUNCIL RESOLUTION OF APPROVAL 2002-
R:\P M~001\01-0610 TPM30468 Temecula Creek Village~Agenda Report CC 06-25-02.doc
9
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION, AND APPROVING PLANNING
APPLICATION 01-0610, A 14-LOT TENTATIVE PARCEL
MAP AND 01-0611, A DEVELOPMENT PLAN FOR THE
DESIGN, CONSTRUCTION AND OPERATION OF A 400-
UNIT MULTI-FAMILY RESIDENTIAL APARTMENT
COMPLEX; 108,100 SQUARE FEET OF RETAIIJOFFICE
USES; AND A 15,000 SQUARE-FOOT CHILD CARE
CENTER, GENERALLY LOCATED ON THE SOUTH SIDE
OF HIGHWAY 79 SOUTH, BETWEEN JEDEDIAH SMITH
ROAD AND AVENIDA DE MISSIONES, KNOWN AS
ASSESSOR PARCEL NUMBER 961-010-006, AND
DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DECISION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
On December 5, 2001, McComic Consolidated filed Planning Application
01- 0610 for a 14-1ot Tentative Parcel Map and Planning Application No.
01-0611 for a Development Plan for the design, construction and
operation of a 400-unit multi-family residential apartment complex,
108,100 square feet of retail/office uses, and a 15,000 square-foot child
care center, generally located on the south side of Highway 79 South,
between Jedediah Smith Road and Avenida de Missions, known as
Assessor Parcel Number 961-010-006 ("Project").
A Zone Change, Planned Development Overlay Zone (PDO-4) and a
Settlement Agreement concerning the Property between the City of
Temecula and the Property owner, were approved by the City Council on
November 28, 2000 to allow 123,000 square feet of commercial use and
400 multi-family residential units to be built on the Project site.
The applications for the Project were processed and an environmental
review was conducted as required by the California Environmental Quality
Act.
The Planning Commission of the City of Temecula held a duly noticed
public hearing on May 1, 2002 to consider the application and
environmental review.
After considering the staff report and public testimony, the Planning
Commission adopted Resolution No. 2002-012 approving a Mitigated
R:/Resos 2002/Resos 02-__ 1
Negative Declaration, Mitigation Monitoring Plan, Tentative Pamel Map
and Development Plan.
An appeal of the Planning Commission decision was properly filed by
Citizens First of Temecula on May 8, 2002, along with supplemental
information requested by staff and submitted on May 17, 2002.
The City Council considered the appeal, staff report, Planning
Commission Minutes, and the complete public record at a duly noticed
public hearing on June 25, 2002.
Section 2. The City Council has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole
record before it, finds, determines and declares that:
Pursuant to California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, City staff prepared an Initial Study
(Environmental Assessment No. EA- ) of the potential environmental
effects of the proposed Project. Based upon the findings contained in that
Study, City staff determined that there was no substantial evidence that
the project could have a significant effect on the environment and a
Mitigated Negative Declaration has been prepared. A copy of the Initial
Study and Negative Declaration are attached hereto as Exhibit "A" and
incorporated herein by reference.
Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required
by law and copies of the documents have been available for public review
and inspection at the offices of the Department of Community
Development, located at City Hall, 43200 Business Park Drive, Temecula,
Ca. 92589.
The City Council reviewed the Negative Declaration and all comments
received regarding the Negative Declaration. The Project and the
Negative Declaration were discussed at regularly scheduled public
meetings of the Council held on June 25, 2002.
The proposed Project is specifically designed to mitigate existing traffic
problems and improve vehicular circulation. The Project will pay its fair
share of the traffic improvements and mitigation measures described in
the Environmental Impact Report for the Wolf Creek Specific Plan Project,
approved by the City Council on January 23, 2001 which have been
determined necessary to allow the building of new projects proposed in
the area. The Project is consistent with the Zone Change, Planned
Development Overlay Zone and Settlement Agreement approved by the
City Council on November 28, 2000. The information presented by
Appellant does not contradict the information on which the findings are
based, does not add new or significant information concerning the
environmental effects of the Project, and does not present a fair argument
that the Project might have a significant effect on the environment.
R:/Resos 2002/Resos 02-- 2
The City Council has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and,
based on the whole record before it, finds that: (1) The Mitigated
Negative Declaration was prepared in compliance with CEQA; (2) there is
no substantial evidence that the Project, as conditioned, will have a
significant effect on the environment; and (3) the Mitigated Negative
Declaration reflects the independent judgment and analysis of the City
Council.
The Mitigation Monitoring Plan set forth in the Mitigated Negative
Declaration has been prepared in accordance with law.
Section 3. The City Council has reviewed the Application for the Tentative Map and
all comments received regarding the Proposed Tentative Map and, based on the whole record
before it, finds, determines and declares that:
The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code and General Plan.
Each lot will conform to the minimum lot size requirement of the original
zoning district, and as permitted by the Planned Development Overlay
zone, may have parcels with access across other parcels created on the
same site. Conditions of approval will ensure that the common-use
facilities such as parking, sidewalks, and landscaping are maintained by a
Property Owner's Association.
The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of
1965
The site is physically suitable for the type and proposed density of
development proposed by the tentative map. Based on environmental
documents submitted with the application and an Initial Study which was
prepared by staff in accordance with the California Environmental Quality
Act, it has been determined that the site is physically suitable for the type
and density of development being proposed. Conditions of approval have
been added to ensure that final soils reports are submitted with the
construction plans.
The design of the subdivision and the proposed improvements, with
conditions of approval, are not likely to cause significant environmental
damage or substantially and avoidably injure fish or wildlife or their
habitat. Based on the Initial Study, a Mitigated Negative Declaration and
Mitigation Monitoring Plan has been prepared which will provide
conditions and requirements to reduce the impacts of the project to a less
than significant level. City staff will ensure compliance of the mitigation
measures as provided in the Monitoring Plan.
The design of the proposed land division or the type of improvements is
not likely to cause serious public health problems. The Project has been
reviewed and commented on by the Fire Safety Division, the Building and
Safety Division, Public Works, Community Services, and Planning Staff.
R:/Resos 2002/Resos 02-_ 3
Further, provisions are made in the General Plan and Development Code
to ensure that the public health, safety and welfare are safeguarded. The
Project is consistent with these regulations and documents. All phases of
construction will be inspected by appropriate City staff to ensure
compliance with all construction and fire codes.
The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible.
The project has been conditioned to comply with the Uniform Building
Code, which contains requirements for energy conservation.
The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through
or use of property within the proposed subdivision, or the design of the
alternate easements which are substantially equivalent to those
previously acquired by the public will be provided. As conditioned, the
project will be required to provide access easements across each lot to
provide for parking and on-site circulation.
H. The subdivision is consistent with the City's parkland dedication
requirements (Quimby).
Section 4. The City Council has reviewed the Application for the Development Plan
and all comments received regarding the Proposed Development Plan and, based on the whole
record before it, as required in Section 17.05.010 of the Temecula Municipal Code finds,
determines and declares:
The proposed uses are in conformance with the General Plan and with ell
applicable requirements of state law and local ordinances. The plan to
develop 108,100 square-feet of commercial space and 400 multifamily
apartment units on 32.6 acres is consistent with the PDO-4 policies and
development regulations adopted by ordinance and the terms of the
November 2000 Settlement Agreement between the owner of the
Property and the City of Temecula concerning the Property. The
proposed plan incorporates architectural and landscape designs, which
will enhance land use objectives along Highway 79 South.
The overall development of the land as conditioned, is designed for the
protection of the public health, safety, and general welfare. The
development plan for the site is consistent with the City's Design
Guidelines and conforms to all of the applicable sections of the
Development Code and related Planned Development Overlay zoning,
PDO-4. The Project has been conditioned to comply with and conform to
the Uniform Building Code. Provisions have been made to minimize the
visual impact of the project, and all phases of construction will be
inspected to ensure compliance with the applicable building and fire
codes.
Section 5.
Negative Declaration
Project.
The City Council of the City of Temecula hereby approves the Mitigated
for the Project and approves the Mitigation Monitoring Program for the
R:/Resos 2002/Resos 02-_ 4
Section 6. The City Council of the City of Temecula hereby approves Planning
Application 01- 0610 for a 14-1ot Tentative Parcel Map and Planning Application No. 01-0611 for
a Development Plan for the design, construction and operation of a 400-unit multi-family
residential apartment complex, 108,100 square feet of retail/office uses, and a 15,000 square-
foot child care center, generally located on the south side of highway 79 south, between
Jedediah Smith Road and Avenida de Missions, known as Assessor Parcel Number 961-010-
006 subject to the specific conditions of Approval set forth in Exhibit A, attached hereto, and
incorporated herein by this reference together with any and all necessary conditions that may be
deemed necessary. The Council hereby denies the appeal of the Planning Commission
approval of Planning Application Nos. PA 01-0610 and PA 01-0611.
PASSED, APPROVED AND ADOPTED by the City of Temecula City Council this 25th
day of June, 2002.
ATTEST:
Ron Roberts, 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, do hereby certify that
Resolution No. 02- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting held on the 25th day of June, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2002/Resos 02-~ 5
EXHIBIT A
CONDITIONS OF APPROVAL
R:/Resos 2002/Resos 02-__ 6
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.
pA00-0610 Tentative Parcel Map
PA00-0611 Development Plan
Project Description:
PA00-0610: Tentative Parcel Map 30468
subdividing the site into 14 pamels, 12 for
commercial uses and 2 for high-density
residential use.
PA00-0611: Construct 400 multi-family
residential units on approximately 20.7
acres and 123,100 square feet of
commercial space on approximately 11.9
acres.
Development Impact Fee Category:
Multi-Family Residential and Retail
Commercial
Assessor's Parcel No.:
961-010-006
Approval Date: TBD
Expiration Date: TBD
PLANNING DIVISION
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 One thousand three hundred and fourteen dollars
($1314.00) for the County administrative fee, to enable the City to file the Notice
of Determination 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 parcel map shall comply with the State of California Subdivision Map Act and
to all the requirements of the City of Temecula's Subdivision Ordinance, unless
modified by the conditions listed below. A time extension may be approved in
accordance with the State Map Act and City Ordinance, upon written request, if
made 30 days prior to the expiration date.
3. 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
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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, judgments, 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.
4. The project and all subsequent projects within this site shall comply with all
mitigation measures contained in the Mitigation Monitoring Program and
conditions set forth.
5. After grading, all slopes shall be planted in accordance with the City's Slope
Planting Guidelines. Jute netting will be required on alt slopes greater than ten
linear feet.
6. An Administrative Development Plan application shall be submitted and
approved by the Planning Department for buildings on Pads C1, C2, C3, C9 and
C10, prior to issuance of building permits.
7. The final landscape plan shall indicate street trees planted along the Highway 79
South frontage as a minimum of 24-inch box for each variety shown.
8. The applicant is advised that Highway 79 South is a state highway, and that all
landscape approvals are to meet CalTrans requirements.
9. Perimeter trees shall include some specimen trees of the varieties indicated on
the final landscape plan. Specimens shall be a minimum of 36-inch box and
shall be placed in a manner that vehicular and pedestrian entrances are
accented and provide variation in canopy height. In addition to perimeter trees,
please add three (3) 24-inch box Chinese Flame trees, and all eighteen (18) 36-
inch box Red Crepe Myrtle trees to conform to the number of specimens
identified in the planting legend.
10. The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
11. 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.
12. The development of the premises shall substantially conform to the. approved
floor plans, elevations and the Color and Material Boards on file with the
Community Development Department - Planning Division.
13. Landscaping installed for the project shall be continuously maintained to the
reasonable satisfaction of the Planning Director. If it is determined that the
landscaping is not being maintained, the Planning Director shall have the
R:\P M~001\01-0610 TPM30468 Temecula Creek Village~Conditions of Approval.doc
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14.
15.
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, Property Owner's Association,
or any successors in interest.
All mechanical and roof equipment shall be fully screened from public view by
being placed below the lowest level of the surrounding parapet wall. Parapet
walls shall be of sufficient height above the roofline to screen said equipment.
The colors and materials for the project shall substantially conform to those noted
directly below and with the Color and Material Boards on file with the Community
Development Department - Planning Division (with the following changes
made by the Planning Commission at a Public Hearing held on May 1,
2002).
Areas A and C:
Primary wall exterior:
Stucco Accent 1:
Stucco Accent 2:
Stucco Accent 3:
Trim and Bands:
Roof
Stone Veneer
Frazee Desert Fawn (8222 W)
Frazee Burnt Copper (8355 D)
Frazee Safari Tan (7754 M)
Frazee Lulled Beige (8232 W)
Frazee Almond White (8180 W)
Patina Green Metal Seam Roof
CI3eyenne Limestone
Area B:
Primary wall exterior:
Stucco Accent:
(remove wood siding)
Fascia, Trim, Bands and Railings:
Garage Doors
Roof Tile
Stone Veneer
Frazee Clay Beige (8721 W)
Frazee Daplin (8234 M)
Frazee Swiss Coffee (487)
Frazee Lulled Beige (8232 W)
Silhouette Slate (ISTCS 4930)
Jackson Valley Quarrystone (SP 103)
(wrap stone veneer around window frames)
Area D:
Primary wall exterior:
Stucco Accent 1:
Stucco Accent 2:
Stucco Accent 3:
Fascia, Trim, Bands and Railings:
Roof Tile
Stone Veneer
Frazee Hay Seed (8220 W)
Frazee Daplin (8234 M)
Frazee Festoon (8274 W)
Frazee Burnt Copper (8355 D)
Frazee Swiss Coffee (487)
Wolf Grey Shake (1 SKCB 5969)
Oakridge Mountain Ledge
16. Added by Planning Commission on May 1, 2002 -The Clubhouse (Sub-
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3
Area D) in proximity to the Village Center shall Incorporate design elements
that closely resemble those of the Village Center commercial buildings.
The Clubhouse (Sub-Area B) adjacent to the public trail on the south side
of project shall incorporate design elements that closely resemble the
residential buildings.
17. The construction landscape drawings shall indicate coordination and grouping of
all utilities, which are screened from view per applicable City Codes and
guidelines.
18. AII multi-family residential buildings shall meet the building separation
requirements of Section 17.06.050 B of the City's Development Code.
19. The applicant shall submit a fence plan for review and approval for Sub-Areas B
and D prior to the issuance of the first residential building permit.
20. The applicant shall redesign the trash enclosures such that no unattended rollout
container(s) be left in the drive aisle during pick up.
21. Added by Planning Commission on May 1, 2002 - The driveway apron and
drive aisle to/from Jedediah Smith Road shall be sufficiently widened to
reduce vehicle stacking exiting the slte, and to facilitate emergency vehicle
movement.
Prior to Issuance of a Building Permit
22. Prior to issuance of building permits, Covenants, Conditions, and Restrictions
(CC&R's) shall be approved by the Planning Department and recorded with the
Riverside County Recorder. The CC&R's shall contain provisions for the creation
of a Property Owner's Association for the maintenance of all landscaping on the
commercial parcels, and maintenance of all internal roadway and hardscape
sudaces within those pamels.
23. The applicant shall insure that ail trees planted along the Highway 79 South
property line of the subject development be a minimum size of 24" box trees.
The applicant shall revise the landscape plans and resubmit the plans for
Planning Department approval prior to the issuance of a building permit.
Prior to Issuance of an Occupancy Permit
24. All perimeter and slope landscaping, including the Highway 79 South landscape
planter area shall be installed to the approval of the Planning Director, prior to the
first certificate of occupancy.
25. All conditions shall be complied with prior to any occupancy or use allowed by
this Development Plan.
26. A one-year landscape maintenance bond of sufficient amount shall be submitted
and approved by the Planning Department.
27. The applicant and owner of the real property represented by this approval shall
join and maintain active membership in the Crime Free Multi-housing Program.
Prior to Issuance of Grading Permits
28. A copy of the Rough Grading plans shall be submitted and approved by the
Planning Department.
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29, 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.
PUBLIC WORKs PA01-0610 (Tentative Parcel Map)
The Department of Public Works recommends the following Conditions of Approval for
this project. Unless stated otherwise, all conditions shall be completed by the Developer
at no cost to any Government Agency.
General Requirements
1. It is understood that the Developer correctly shows on the tentative map all
existing and proposed easements, traveled ways, improvement constraints and
drainage courses, and their omission may require the project to be resubmitted
for further review and revision.
2. A Grading Permit for either rough or precise grading shall be obtained from the
Department of Public Works prior to commencement of any construction outside
of the City-maintained road right-of-way.
3. 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.
4. 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.
5. All improvement plans, grading plans, landscape and irrigation 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.
6, All on-site drainage facilities shall be privately maintained.
7, The vehicular movement for the following locations shall be restricted as follows:
a. Highway 79 South at the easterly access to the site shall be restricted to a
right in/right out movement subject to approval by CalTrans. The method of
controlling this movement shall be approved by the Director of Public Works.
b, Highway 79 South at the driveway east of Jedediah Smith Road shall be
restricted to right in/right out movement subject to approval of CalTrans. The
method of controlling this movement shall be approved by the Director of
Public Works.
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
8. As deemed necessary by the Department of Public Works, the Developer shall
receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b, Rancho California Water District
c. Eastern Municipal Water District
R:~P M~001\01-0610 TPM30468 Temecula Creek Village\Conditions of Approval,doc
5
=
10.
d. Riverside County Flood Control and Water Conservation District
e, City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
i. Cable TV Franchise
j. CalTrans
k. Community Services District
I, Verizon Telephone
m. Southern California Edison Company
n. Southern California Gas Company
o. Fish & Game
p. Army Corps of Engineers
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:
a, Improve Highway 79 South (Urban Arterial Highway Standards) to include
installation of sidewalk, street lights, drainage facilities, signing and striping,
and utilities (including but not limited to water and sewer)
b. Provide a lane drop transition per CalTrans standards to the driveway east of
Jedediah Smith Road
c. Install a traffic signal at the intersection of Highway 79 South and Jedediah
Smith Road.
d. Install a traffic signal at the intersection of Highway 79 South and Main
Project entrance.
Unless otherwise approved the following minimum criteria shall be observed in
the design of the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207A
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street
frontages in accordance with City of Temecula Standard Nos. 400 and 402
e. All street and driveway centeriine intersections shall be at 90 degrees.
f. 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.
g, All utility systems including.gas, electric, telephone, water, sewer, and cable
TV shall be provided underground. Easements shall be provided as required
where adequate right-of-way does not exist for installation of the facilities. All
utilities shall be designed and constructed in accordance with City Codes and
the utility provider.
h. All utilities, except electrical lines rated 33ky or greater, shall be installed
underground
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11. Private roads shall be designed to meet City public road standards. Unless
otherwise approved the following minimum criteria shall be observed in the
design of private streets:
a. The Developer shall improve Jedediah Smith Road (60 feet curb to curb) to
include the installation of street improvements, paving, curb and gutter,
sidewalk, raised median, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer) as shown on the tentative
parcel map.
i) The raised median island on Jedediah Smith Road shall be 4 feet wide,
200 foot long
ii) The roadway design shall be coordinated with the adjacent property
owner
b. All intersections shall be perpendicular (90).
12. A construction area Traffic Control Plan shall be designed by a registered Civil
Engineer and reviewed by the Department of Public Works for any street closure
and detour or other disruption to traffic cimulation as required by the Department
of Public Works.
13. Relinquish and waive right of access to and from Highway 79 South on the
Parcel Map with the exception of five (5) openings as delineated on the approved
Tentative Parcel and approved by CalTrans.
14. Corner property line cut off for vehicular sight distance and installation of
pedestrian facilities shall be provided at all street intersections in accordance with
Riverside County Standard No. 805.
15. All easements and/or right-of-way dedications shall be offered for dedication to
the public or other appropriate agency and shall continue in force until the City
accepts or abandons such offers. All dedications shall be free from all
encumbrances as approved by the Department of Public Works.
16. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision that is
part of an existing Assessment District must comply with the requirements of said
section. Prior to City Council approval of the Pamel Map\Final Map, the
Developer shall make an application for reapportionment of any assessments
with appropriate regulatory agency.
17. Any delinquent property taxes shall be paid.
18. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with
the Parcel Map to delineate identified environmental concerns and shall be
recorded with the map. A copy of the ECS shall be transmitted to the Planning
Department for review and approval. The following information shall be on the
ECS:
a. The delineation of the area within the 100-year floodplain.
b. Special Study Zones.
c. Geotechnical hazards identified in the project's geotechnical report.
19. The Developer shall comply with all constraints that may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to
the subject property.
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20. The Developer shall make a good faith effort to acquire the required off-site
property interests, and if he or she should fail to do so, the Developer shall, prior
to submittal of the Pamel Map for recordation, enter into an agreement to
complete the improvements pursuant to the Subdivision Map Act, Section 66462
and Section 66462.5. Such agreement shall provide for payment by the
Developer of all costs incurred by the City to acquire the off-site property
interests required in connection with the subdivision. Security of a portion of
these costs shall be in the form of a cash deposit in the amount given in an
appraisal report obtained by the Developer, at the Developer's cost. The
appraiser shall have been approved by the City prior to commencement of the
appraisal.
21. The Developer shall notify the City's cable TV Franchises of the Intent to
Develop. Conduit shall be installed to cable TV Standards at time of street
improvements.
22. 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
23. A minimum 24 foot wide easement shall be dedicated for public utilities and
reciprocal ingress/egress access for all private streets and drives.
24. Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the final map.
25. Easements for sidewalks for public uses shall be dedicated to the City where
sidewalks meander through private property.
26. Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the final map if they are located within
the land division boundary. All offers of dedication and conveyances shall be
submitted for review and recorded as directed by the Department of Public
Works. On-site drainage facilities located outside of road right-of-way shall be
contained within drainage easements and shown on the final map. A note shall
be added to the final map stating "drainage easements shall be kept free of
buildings and obstructions."
Prior to Issuance of Grading Permits
27. As deemed necessary by 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. Planning Department
d. Department of Public Works
e. Community Services District
28. A Grading Plan shall be prepared by a registered Civil Engineer in accordance
with City of Temecula standards and approved by the Department of Public
Works prior to commencement of any grading. The plan shall incorporate
adequate erosion control measures to protect the site and adjoining properties
from damage due to erosion.
29. A Soils Report shall be prepared by a registered Civil or Soils Engineer and
submitted to the Department of Public Works with the initial grading plan check.
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The report shall address all soils conditions of the site, and provide
recommendations for the construction of engineered structures and preliminary
pavement sections.
30. A Geotechnical Report shall be prepared by a registered engineer or engin, eering
geologist and submitted to the Department of public Works with the initial grading
plan check. The report shall address special study zones and identify any
geotechnical hazards for the site including location of faults and potential for
liquefaction. The report shall include recommendations to mitigate the impact of
ground shaking and liquefaction.
31. A Drainage Study shall be prepared by a registered Civil Engineer and submitted
to the Department of Public Works with the initial grading plan check. The study
shall identify storm water runoff quantities expected from the development of this
site and upstream of the site, It shall identify all existing or proposed off-site or
on-site, public or private, drainage facilities intended to discharge this runoff;
Runoff shall be conveyed to an adequate outfall capable of receiving the storm
water runoff without damage to public or private property. The study shall
include a capacity analysis verifying the adequacy of all facilities. Any upgrading
or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and
design shall be a storm with a recurrence interval of one hundred years.
32. The Developer must comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit from the State Water Resoumes
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.
33. 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.
34. The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shall be in a format
as directed by the Department of Public Works.
Prior to Issuance of Building Permits
35. Parcel Map shall be approved and recorded.
36. A Precise Grading Plan shall be submitted to the Department of Public Works for
review and approval. The building pad shall be certified by a registered Civil
Engineer for location and elevation, and the Soils Engineer shall issue a Final
Soils Report addressing compaction and site conditions.
37. Grading of the subject property shall be in accordance with the California
Building Code, the approved grading plan, the conditions of the grading permit,
City Grading Standards and accepted grading construction practices. The final
grading plan shall be in substantial conformance with the approved'rough
grading plan.
38. 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 Certificates of Occupancy
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39. As deemed necessary by the Department of Public Works, the Developer shall
receive written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
40. All necessary certifications and clearances from engineers, utility companies and
public agencies shall be submitted as required by the Department of Public
Works.
41. All improvements shall be constructed and completed per the approved plans
and City standards to the satisfaction of the Director of Public Works.
42. The existing improvements shall be reviewed. Any appurtenance damaged or
broken due to the construction operations of this project shall be repaired or
removed and replaced to the satisfaction of the Director of Public Works.
PUBLIC WORKS PA01-0611 (Development Plan)
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
1. A Grading Permit for precise grading, including all on-site flat 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.
2. 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.
3. 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.
4. All improvement plans and 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.
5. All on-site drainage facilities shall be privately maintained,
6. The vehicular movement for the following locations shall be restricted as follows:
a. Highway 79 South at the easterly access to the site shall be restricted to a
right in/right out movement subject to approval by CalTrans, The method of
controlling this movement shall be approved by the Director of Public Works,
b. Highway 79 South at the driveway east-of Jedediah Smith Road shall be
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10
restricted to right in/right out movement subject to approval of CalTrans. The
method of controlling this movement shall be approved by the Director of
Public Works.
Prior to Issuance of a Grading Permit
7. A permit from Riverside County Flood Control and Water Conservation District is
required for work within their right-of-way.
8. 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.
9. 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.
10. 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.
11. A Geological Report shall be prepared by a qualified engineer or geologist and
submitted to the Department of Public Works with the initial grading plan check.
The report shall address special study Jones and the geological conditions of the
site, and sha!I provide recommendations to mitigate the impact of ground shaking
and liquefaction.
12. 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 identity 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.
13. The Developer must 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
(NOI) has been filed or the project is shown to be exempt,
14. 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. Planning Department
d, Department of Public Works
e. Community Services District
f. Fish & Game
g. Army Corps of Engineers
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15. The Developer shall comply with all constraints that may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps
related to the subject property.
16. Permanent landscape and irrigation plans shall be submitted to the Planning
Department and the Department of Public Works for review and approval.
17. 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.
18. 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
19. Improvement plans and/or precise grading plans shall conform to applicable City
of Temecula Standards subject to approval by the Director of the Department of
Public Works. The following design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City of Temecula Standard No.
207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street
frontages in accordance with City of Temecula Standard Nos. 400 and 402.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Public Street improvement plans shall include plan and profile showing
existing topography, utilities, proposed centerline, top of curb and flowline
grades.
g. 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.
20. 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:
a. Improve Highway 79 South (Urban Arterial Highway Standards) to include
installation of sidewalk, street lights, drainage facilities, signing and striping,
and utilities (including but not limited to water and sewer)
b. Provide a lane drop transition per CalTrans standards to the driveway east of
Jedediah Smith Road
c. Install a traffic signal at the intersection of Highway 79 South and Jedediah
Smith Road.
d. Install a traffic signal at the intersection of Highway 79 South and Main
Project entrance.
Unless
21. Private roads shall be designed to meet City public road standards.
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otherwise approved the following minimum criteria shall be observed in the
design of private streets:
a. The Developer shall improve Jedediah Smith Road (60 feet curb to curb) to
include the installation of street improvements, paving, curb and gutter,
sidewalk, raised median, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer) as shown on the site plan.
i) The raised median island on Jedediah Smith Road shall be 4 feet wide,
200 foot long
ii) The roadway design shall be coordinated with the adjacent property
owner
b. All intersections shall be perpendicular (90).
22. All street improvement design shall provide adequate right-of-way and pavement
transitions per CalTrans' standards for transition to existing street sections.
23. The Developer shall construct the following public improvements in conformance
with applicable City Standards and subject to approval by the Director of the
Department of Public Works.
a. Street improvements, which may include, but not limited to: pavement, curb
and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic
signal systems, and other traffic control devices as appropriate
b. Storm drain facilities
c. Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
24. A construction area Traffic Control Plan shall be designed by a registered Civil or
Traffic Engineer and reviewed by the Director of the Department of Public Works
for any street closure and detour or other disruption to traffic circulation as
required by the Department of Public Works.
25. 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.
26. All access rights, easements for sidewalks for public uses shall be submitted and
reviewed by the Director of the Department of Public Works and City Attorney
and approved by City Council for dedication to the City where sidewalks meander
through private property.
27. 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.
28. The Developer shall obtain an easement for ingress and egress over the
adjacent property.
29. 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.
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Prior to Issuance of a Certificate of Occupancy
30. As deemed necessary by the Department of Public Works, the Developer shall
receive written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
31. Corner property line cut off shall be required per Riverside County Standard
No. 805.
32. All public improvements, including traffic signals, shall be constructed and
completed per the approved plans and City standards to the satisfaction of the
Director of the Department of Public Works.
33.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.
COMMUNITY SERVICES
General Conditions:
1. The developer shall contact the City's franchised solid waste hauler for disposal
of construction debris. Only the City's franchisee may haul construction debris.
2. Developer shall provide adequate space for a recycling bin within the trash
enclosure areas.
3. All perimeter walls, trail fences, entry monumentation, parkways, landscaping,
pedestrian portals, private recreational amenities and all open space shall be
maintained by the property owner or a private maintenance association.
4. The Developer shall provide to the City of Temecula an eight (8) foot multi-use
trail easement deed for public access.
5. The Developer shall provide to the Temecula Community Services District
(TCSD) an eight (8) foot maintenance easement deed for the multi-use trail.
6. A multi-use trail will be constructed by the developer as indicated on the
development plan. Specifications and standards to be approved by TCSD.
7, Prior to the 221st residential building permit the development of the trial shall be
completed and accepted by TCSD.
Prior to Building Permits:
8. The developer shall satisfy the City's park land dedication (Quimby) requirement
through the payment of in-lieu fees equivalent to 2.43 acres of park land, 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 residential building permit
requested.
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14
If additional arterial street lighting needs to be installed, prior to the first building
permit or installation of arterial street lighting, the developer shall complete the
TCSD application process and pay the appropriate energy fees related to the
transfer of street lighting into the TCSD maintenance program,
FIRE DEPARTMENT
1. 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 California Building Code (CBC), California Fire Code (CFC),
and related codes which are in force at the time of building plan submittal.
2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel
or construction of all commercial buildings per CFC Appendix III.A, Table A-Ill-A-
1. The developer shall provide for this project, a water system capable of
delivering 2250 GPM at 20 PSI residual operating pressure, plus an assumed
sprinkler demand of 850 GPM for a total fire flow of 3100 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. (CFC 903.2, Appendix
Ill-A)
3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per
CFC Appendix Ill-B, Table A-III-B-1. A minimum (based on the greatest hazard
building)of 3 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to
public streets. Hydrants shall be spaced at 400 feet apart, at each intersection
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. (CFC 903.2,903.4.2, and Appendix Ill-B).
4. As required by the California Fire Code, when any portion of the facility is in
excess of 150 feet from a water supply on a public street, as measured by an
approved route around the exterior of the facility, on-site fire hydrants and mains
capable of supplying the required fire flow shall be provided. For this project on
site fire hydrants are required. (CFC 903.2)
5. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius
on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision
Ord. 16.03.020)
6. If construction is phased, each phase shall provide approved access and fire
protection prior to any building construction. (CFC 8704.2 and 902.2.2)
7. 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 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
8. 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 80,000 lbs. GV~N with
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15
a minimum AC thickness of .25 feet. ( CFC sec 902)
9. 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. (CFC 902.2.2.1)
10. The gradient for a fire apparatus access roads shall not exceed fifteen (15)
percent. (CFC 902.2.2.6 Ord. 99-14)
11. 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. (CFC 902.2.2.4)
12. 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. (CFC 902.2.1)
13. 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. (CFC 8704.3, 901.2.2.2 and
National Fire Protection Association 24 1-4.1)
14. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
15. Prior to issuance of a Certificate of Occupancy or building final, approved
numbers or addresses shall be provided on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the
property. Numbers shall be of a contrasting color to their background.
Commercial, multi-family residential and industrial buildings shall have a
minimum twelve (12) inches numbers with suite numbers a minimum of six (6)
inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single family residences and multi-
family residential units shall have four (4) inch letters and /or numbers, as
approved by the Fire Prevention Bureau. (CFC 901.4.4)
16. 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.
17. 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. (CFC Article 10,. CBC
Chapter 9)
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16
18. 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. (CFC Article 10)
19. 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. (CFC 902.4)
20. 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 fire fighting personnel. (CFC
902.4)
21. Prior to final inspection of any building, the applicant shall prepare and submit to
the Fire Department for approval, a site plan designating Fire Lanes with
appropriate lane painting and or signs.
22. Prior to the building final, speculative buildings capable of housing high-piled
combustible stock, shall be designed with the following fire protection and life
safety features: an automatic fire sprinkler system(s) designed for a specific
commodity class and storage arrangement, hose stations, alarm systems, smoke
vents, draft curtains, Fire Department access doors and Fire department access
reads. Buildings housing high-piled combustible stock shall comply with the
provisions California Fire Code Article 81 and all applicable National Fire
Protection Association standards. (CFC Article 81 )
23. Prior to the issuance of a Certificate of Occupancy or building final, the
developer/applicant shall be responsible for obtaining underground and/or
aboveground tank permits for the Storage of combustible liquids, flammable
liquids or any other hazardous materials from both the County Health department
and Fire Prevention Bureau.(CFC 7901.3 and 8001.3)
Special Conditions
24. Prior to issuance of building permits, fuel modification plans shall be submitted to
the Fire Prevention Bureau for review and approval for all open space areas
adjacent to the wild land-vegetation interface. (CFC Appendix II-A)
25. Prior to issuance of building permits, plans for structural protection from
vegetation fires shall be submitted to the Fire Prevention Bureau for review and
approval. The measures shall include, but are not limited to, enclosing eaves,
noncombustible barriers (cement or block walls), and fuel modification zones.
(CFC Appendix II-A)
26. Prior to building permit issuance, a full technical report may be required to be
submitted and to the Fire Prevention Bureau. This report shall address, but not
be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, and
NFPA - 13, 24, 72 and 231-C.
27. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan
and a simple floor plan, each as an electronic file of the .DWG format must be
submitted to the Fire Prevention Bureau. Alternative file formats may be
acceptable, contact fire prevention for approval.
28. The applicant shall comply with the requirements of the Fire Code permit process
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17
29.
and update any changes in the items and quantities approved as part of their Fire
Code permit. These changes shall be submitted to the Fire Prevention Bureau
for review and approval per the Fire Code and is subject to inspection. (CFC
105)
The applicant shall submit for review and approval by the Riverside County
Department of Environmental Health and City Fire Department an update to the
Hazardous Material Inventory Statement and Fire Department Technical Report
on file at the city; should any quantities used or stored onsite increase or should
changes to operation introduce any additional hazardous material not listed in
existing reports, (CFC Appendix II-E)
OUTSIDE AGENCIES
1. The applicant shall comply with all the mitigation measures identified in the
attached Mitigation Monitoring Plan. (Environmental Mitigation Measures)
2. The applicant shall comply with all CaITrans requirements concerning signal
lights for Highway 79 South.
3. The applicant shall comply with all CalTrans requirements concerning street
trees along Highway 79 South.
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
R:~P M'~2001~01-0610 TPM30468 Temecula Creek Village\Conditions of Approval.doc
t8
ATTACHMENT NO. 3
APPEAL APPLICATION
R:\P M~2001\01-0610 TPM30468 Temecula Creek Village~Agenda Report CC 06-25-02.doc
12
City of TemecCJa
Community 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
A. P_IIRP_O~
Tbe'purpo~ of fl~e appeal procedure is to provide a method of recourse for persons aggrieved by or
dissatisfied with an action talam by an administrative agency of the City in the administration or
enforcement of any provisions of the Development Code.
B. FILING REQUIREMEN2~
1. Development Application.
2. Appeal Form.
3. Filing Fee.
C. NOTICE OF APPEAL - TIME LIMIT
~ nolice of an ~ 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 ahall not be
a~ed upon unle~ filed within fifteen (15) calendar days after service of written notice of the decision.
D. NOTICE OF APPEAL - CONTEH~
Appealing the decision of: ~t.~a~, Dee {~ /~ ~V I: 3,t~o :~
($]I~cify Ditegto£ of~nn n~ of plannm.,o Comm:s;loll ~ ActioD. Da~e)
Specify exactly what is being appealed:
Reason or juslification 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 evideace. (Attach separate sheet of paper if necessary).
action to be t~kea:
· .[ In the event .~.y Notice of Appeal applicant fails to answer any information set forth above, rhea
[ the request will be returned to the appellant, .w? a statement of the deficiencies. The appellant
[ shall be allowed five (5) calenda~ days in which to refile the notice of appeal.
REPRESENTATIVE
PHONE NO.
ADDRESS
The air quality analysis admits that operating emissions exceed thresholds of significance for ROG, NOx
and CO. Operating impacts are thus significant and an EIR must be ?epared. No mitigation is proposed
even though feasible mitigation exists.
The Negative Declaration does not provide data on the construction impacts associated with the project.
Painting of tWo homes per day will exceed thresholds of significance for VOC's. There is no discussion
.of this impact. Similarly, active grading areas in excess often acres will exceed thresholds of
significance even with implementation of all BACT's. This will result in significant conslxuction impacts
and an EIR must be prepared. The MMCP states merely that mitigation will assist in reducing impacts,
not that they will be reduced below a level of significance.
The project will result in 10,775 daily trips generated by the project, all of which will entail turning
movements on SR 79. This will amount to a 20% increase in current traffic on SR 79 which according to
CALTRANS currently carries approximately 42,000 trips per day adjacent to the project. The Negative
Declaration does not provide data as to the level of servico expected on area roads as a result of traffic
from the project combined with other cumulative projects. No mitigation measures are required in the
MMCP. Clearly, the introduction of the over 10,000 turning movements per day onto an already
overcrowded SR79 will result in a significant impact. Based upon the traffic study for the Redhawk
Town Center project ( hereby incorporated in full by reference) necessary improvements to SR 79 to
achieve even an LOS "D" are uncertain because no source of adequate funding has been identified nor
has a time .schedule been established for improvements. Traffic demand will thus exceed the capacity
until at least such time as all necessary improvements can be installed, if ever. The traffic study also does
not consider future traffic growth in the area and the inability of SR 79 to adequately handle the required
traffic over the long term. Traffic impacts remain significant and an EIR must be prepared.
Noise mitigation on page 30 (X-4) is uncertain as to whether it applies only during construction or on an
ongoing basis. There is no discussion of the noise impacts of the additional traffic on existing residential
properties in the vicinity. Noise studies prepared for the Redhawk Towne Center project (hereby
incorporated in full by reference) indicate that traffic noise related impacts will be significant. This
project will add more traffic than the Redhawk town Center project and noise impacts, at least
cumulatively, will be significant and thus an EIR must be prepared. Mitigation is available to reduce off
site noise impacts through the construction of sound walls and landscaping. Why shOUld residents in the
area be subjected to increased and unhealthful noise levels as a result of this project when mitigation
could and should be provided by the developer of this project?
Mitigation is not proposed which is certain of mitigating project impacts.
Mitigation is improperly deferred..
The project should be either downsized or denied to prevent significant environmental impacts. Because
there is a fair argument that there will be significant impacts as a result of the project an EIR must be
prepared if the project is to be approved. An EtR would allow the consideration of alternatives which
could be tailored to reduce significant traffic, air quality and noise impacts of the project as proposed.
Please notify me of any future hearings on this matter.
City of TemeDula ~
1909) 694-6444 · Fax (9091 694-1999
43200 Business Park Drive, Temecula. California 92590 · Mailing Mdress: P.O. BOX 9033 · Temecula. California 92589-9033
~ay~ent
JOHNSON &
PA~HIp .T(Y'/'I~:
tion
1-989-
ACCOUF~ 'I:TEN LIST:
Description
Account Code Cuv=ent Pmts
PLN~A~I~ALS
001.~61.4102 32~.00
P~-C~ ~N3 PORT
001.163.4388 26.00
~1 351.00
P. ECEIPT ISSUED B¥:ALVAP~ZT
INITIAL~: TDA
EFI~D DATE:05/08/2002 TIME:
ATTACHMENT NO. 4
LETTER TO APPELLANT
MAY 9, 2002
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13
City of Temecula
43200 Business Park Drive PO Box 9033 - Temecula - California - 92589-9033
(909) 694-6400 - FAX (909) 694-6477
Mayg, 2002.
Citizens First of Temecula Valley
c/o Raymond W. Johnson, Esq.
Johnson & Sedlack Attomeys at Law
26785 Camino Seco
Temecula, CA 92590
FILE COPY
RE:
Application to Appeal Planning Commission adoption of a Mitigated Negative Declaration
and related approvals for Planning Applications 01-0610 (Tentative Parcel Map 30468)
and 01-0811 (Development Plan), Temecula Creek Village
Dear Mr. Johnson:
The Planning Department today has received your application to appeal the Planning Commission's
decision of Wednesday, May 1,2002 with respect to the above referenced project. The request is
to rescind the approval actions taken by the Commission for the above referenced project. In
particular, the appeal application states the Mitigated Negative Declaration and Mitigation Monitoring
Pregram do not adequately address several items and that an EIR must be prepared. The Planning
Department has deemed the Appeal application to be complete pursuant to Section 17.03.090 F of
the Development Code.
Section 17.03.090 H states that the appellant "shall have the burden of establishing Cause why the
action appealed from should be altered, reversed, or modified." A public headng to appeal this item
to the City Council iS tentatively scheduled for June 11,2002. In order for staff to prepare a Council
Agenda Report for this item that will address your concerns, we need the following supporting
documentation within ten days (by May 20, 2002). The items we are requesting include:
Identification of the acronym "MMCP"
· Information to support claim that painting two .(2) homes per day will exceed
thresholds of significance for volatile organic compounds
· Information to suppert claim that grading in excess of ten (10) acres will exceed
thresholds of significance
· One (1) photo-reproducible copyof any supplemental traffic studies that you used in
making your determination concerning traffic impacts
· One (1) photo-reproducible copy of the Redhawk Towne'Center Project traffic study
referenced in your application
· One (1) photo-reproducible copy of the Redhawk Towne Center Project noise study
referenced in your application
· Information to support claim that the increase in ambient noise [evels impacting
residents in the vicinity of the project will reach a level of significance
The above requested items will be considered and addressed in the Council Agenda Report if they
are received by May 18, 2002. Because the purpose of your appeal appears to be to demonstrate
R:~P Iv~2001~01-0610 TPM30468 Temecula Creek Village\CC Appeal Lettc~ 05~84}2.doc
to the City Council that the previous environmental documentation is not adequate, this additional
information will be needed by the Council to fully consider your claims. As a result, items received
· after May 20, 2002 will not be included in the report and may not be forwai'ded to the Council
members for their consideration. If you have any questions or concerns with regard to this
correspondence, please call me at (909) 694-6400.
Sipcerely,
Associate Planner
Attachments: 1. Copy of dated Appeal Application
2. Payment Receipt
Cc: R0n Finch
Larry Markham
R:\P lv~2001 \01-0610 TPM30468 Temecula Creek Village\CC Appeal Letter 05 -08-02,doc
2
ATTACHMENT NO. 5
SUPPLEMENTAL INFORMATION FROM THE APPELLANT
R:\P M~001\01-0610 TPM30468 Temecula Creek Village~Agenda Report CC 06-25-02.doc
14
l~aymond W. Johnson, Esq. AICP
Carl T. Sedlack, Esq.
JohnsonOSedlack
26785 Calnino Seco · Vemecula CA 92590
· E-nmg: RWJ@Johnson--sedlack.cora
CTS $ johnson--sedlack'.coln
· Facsimile: 909.506.9725
· Off/c~: 909.506-9925
VIA PERSONAL DELIVERY
Mr. Emery J. Papp
City of Temecula, Planning Departm, ent
PO Box 9033
Temecula, CA 92589-0933
May 173 2002
APPEAL APPLICATION FOR TEMECULA CREEK VILLAGE
APARTMENTS, APPLICATIONS 01 ~0610 AND 01-0611
Dear Emery,
In response to your letter of May 9, 2002, I Offer the following information:
Identification of the acronym "MMCP" - These initials represent Mitigation and
Monitory Compliance Program.
Information to support claim that painting two (2) homes per day will exceed thresholds
of significance for volatile 6rganic compounds: I enclose a copy of pages 4.6-11,4.6-12
from Lytle Creek North Planned development Project Draft EIR prepared April, 2001 by
L.D. King, Inc. The reference to the VOC by painting is high-lighted.
Information t6 support claim that grading in~ excess of ten (I0) acres will exceed
thresholds of significance: I enclose a copy of Air Quality Analysis,.Redhawk
Commercial Project, Temecula, CA page 15.
Per our telephon~ conversation 6n May 16, 2002 concerning the supplemental traffic
studies, none were used. In a Jetter dated January 4, 2002 from Urban Crossroads,
included in your NOC and copy attached, it states "a total o~' 10,775 daily vehicle trips
would be generated." We realize at this time, that number is incorrect. However, using
this same letter, it states "approximately 10,260 trips per day" using the plan for 400
apartment units and 30,000 sq. ft. of office and 93,000 sq.'ft, of retail.
· Copy of the Redhawk Towne Center Project Traffic Study, I enclose a copy of pages 4~
23 through 4-71 of the Subsequent EIR produced by Tom Dodson'& Associates for the
Redhawk Town Center. After reviewing this document should'you require further
information on the traffic study, the entire study i:~ available through our office or by
requesting a copy through Riverside County Plarming Department. The study is over
1,000 pages.
Emery J. Papp
City of Temecula
May 17, 2002
Page 2
6. Copy of the Redhawk Towne Center Project Noise Study, I enclose a copy of pages 4-72
through 4-81 of the Subsequent EIR produced by Tom Dodson & Associates for the
Redhawk Town Center. Again, should you require additional information, the full study
is available through our office or Riverside County Planning Department.
7. Information to support claim that the increase in ambient noise levels impacting residents
in the vicinity of the project will reach a level of significance. Page 28 of the Mitigation
Measures, Item X-6 state "noise'standards specific to each business". No cumulative
impact is provided for witti a combination of 400 apartments plus 123,000 sq. ft. of
office/retail on site activity plns traffic activity.
I trust this provides the information needed. However, should you have any questions or require
additional informant!on, do not hesitate to contact this office. Also, we have marked our calendar
to attend the June 11, 2002 Council Meeting.
Sincerely,//~
JO~ SEDcLACK
D/an~ Johnston/~
Assistant to Raymond W. Johnson, Esq., AICP
Enclosures
ATTACHMENT NO. 6
MITIGATED NEGATIVE DECLARATION
R:\P M~001\01-0610 TPM30468 Temecula Creek Village~Agenda Report CC 06-25-02,doc
15
City of Temecula
Plannin De artment Notice of Completion
SCH #
Project Title: Contact Person: Francisco J.
Lead Agency: City of Temecula Urbina
Street Address: 43200 Business Park Drive Title: Associate Planner
City: Temecula, CA Zip: 92590 Phone: (909) 694-6400
Project Location Within 2 miles
City of Temecula, Riverside County State Hwy #: Interstate 15
Cross Streets: State Highway 79 South Airports: n/a
and Jedediah Smith Road Waterways: Murrieta Creek
Railways: none
Assessor's Parcel No.: 950-110-014 Schools: Temecula Valley High, Loma Linda Middle, Sparkman Elementary, and
Redhawk Elementary
Total Acres: 32.6
CEQA Document Type
[ ]NOP [X]Mitigated Negative Declaration [ ]Supplement EIR [ ]EIR (Prior SCH
[ ]Early Consultation [ ]Draft EIR [ ]Subsequent E1R [ ]Other
Local Action Type
[ ]General Plan Update [ ]Specific Plan [ ]Rezone [ ]Annexation
[ ]GeneralPlan Amendment [ ]Master Plan [ ]Prezone [ ]Redevelopment
[ ]General Plan Element [ ]Planned Unit Development [ ]Use Permits [ ]Coastal Permit
[ ]Community Plan [ ]Site Plan/Plot Plan [ X ]Subdivision of Land [ ]City Development Project
[ X ]Other Development Plan Application
Development Type
[X]Residential: Units:400 Acres:21.07__ [ ]Water Facilities: Type MGD.__
[ ]Office: Sq.ft. Acres___ Employees [ ]Transportation Type
[ X ]Commercial: Sq.ft. Acresl 1.53 Employees [ ]Mining: Mineral
[ ]Industrial: Sq.ft. Acres Employees [ ]Power: Type
[ ]Educational: [ ]Waste Treatment: Type
[ ]Recreational: [ ]Hazardous Waste: Type
[ lOther:
Project Issues Discussed in Document
IX]Aesthetic/Visual [X]Flood Plain/Flooding [X]SchoolsfClniversities [X] Water Quality
[ ]Agricultural Land [ ]Forest Land/Fire Hazard [ ]Septic Systems [X]Water supply/groundwater
[X]Air Quality IX]Geologic/Seismic [X]Sewer Capacity IX]Wetland/Riparian
[X]Archeological/Historical [ ]Minerals [X]Soil Erosion/Compaction/Grad [X]Wildlife
[ ]Coastal Zone [X]Noise [X]Solid Waste [X]Growth Inducing
IX]Drainage/Absorption IX]Population/Housing Balances [ ]Toxic/Hazardous IX]Land Use
[ ]Economic/Jobs [X]Public ServicesfFacilities [X]Traffic/Circulation [X]Cumulative Effects
[ ]Fiscal [X]RecreationfParks [X]Vet~etation [X]Other: Light & Glare
Present Land Use: Vacant
Current Zoning: PDO-4 (Planned Development Overlay Zoning District No. 4)
General Plan Use: (PO) Professional Office
Project Description: PA01-0610 is a Tentative Parcel Map application to divide 32.6 acres into 14 parcels (12 for commercial
uses and 2 for residential uses) ranging in size from .21acres to 11.91 acres to accommodate a concurrent Development Plan
application (PA01-0611) for a mixed use development containing 108,100 square feet of retail/office uses, 400 multi-family
residential units, and a 15,000 square foot day care center building. PA01-0611 is a Development Plan application to construct a
mixed-use project on 32.6 acres consisting of 108,100 square feet of retail/office uses, 400 multi-family residential units, and a
15,000 general retail building or optional children's day care.
Mailto: State Clearinghouse, 1400 Tenth St~eet. Sacramento, CA 95814
R:~D P~2001\01-0611 Temecula Creek VillagehNOT1CE OF COMPLETION Official Copy.doc
(916) 445-0613
REVIEWING AGENCIES CHECKLIST
T Resources Agency
__ Boating/Waterways
Coastal Commission
__ Coastal Conservancy
Colorado River Board
T Conservation
T Fish and Game
__ Forestry
Office of Historic Preservation
Parks and Recreation
Reclamation
__ S.F. Bay Conservation & DeveloPment Commission
__ Water Resources (DWR)
Business, Transportation, & Housing
Aeronautics
S California Highway Patrol
S Caltrans District No. 8
T Department of Transportation Planning (Headquarters)
__ Housing & Community Development
Other
State & Consumer Services
General Services
__ OLA (Schools)
S=Document sent by lead agency
X=Document sent by SCH
T=Suggested distribution
Environmental Affairs
Air Resources Board
T APCD/AQMD
__ California Waste Management Board
T SWRCB: Clean Water Grants
SWRCB: Delta Unit
T SWRCB: Water Quality
SWRCB: Water Rights
T Regional WQCB #9
Youth & Adult Corrections Corrections
Independent Commissions & Offices
__ Energy Commission
T Native American Heritage Commission
Public Utilities Commission
__ Santa Monica Mountains Conservancy
State Land Commission
__ Tahoe Regional Planning Agency
Food & Agriculture
Health & Welfare
Health Services
OTHERS: ...X California Indian Legal Services
~X U.S. Fish and Wildlife Service
Public Review Period (to be filled in by lead agency)
Starting Date April 1, 2002 Ending Date April 30, 2002
Date March 2002
Lead Agency (Complete if Applicable):
Consulting Firm n/a
Address
City/State/Zip
Contact
Phone
43200 Business Park Drive
Temecula, CA. 92590
Francisco J. Urbina
(909) 694-6400
Applicant
Address
City/State/Zip
Phone
McComic Consolidated, Inc.
9968 Hilbert Street, Suite 102
San Diego, CA. 92131
(858) 653-3003, ext 26
For SCH Use Only:
Date Received at SCH
Date Review Starts
Date to Agencies
Date to SCH
Clearance Date
Notes:
RAD PX2001\01-0611 Temeeula Creek Village'u'qOTICE OF COMPLETION Official Copy.doc
2
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title Temecula Creek Village
Lead Agency Name and City of Temecula Planning Department
Address P.O. Box 9033, Temecula, CA 92589-9033
Contact Person and Phone Francisco Urbina, Associate Planner
Number (909) 694-6400
Project Location 32.6-acres located south of State Highway 79, immediately east of
the conceptual linear extension of Jedediah Smith Road and
approximately 250 feet west of Avenida de Missiones
Assessor's Parcel Number: 950-110-014
Project Sponsor's Name McComic Consolidated, Inc.
and Address c/o Markham Development Management Group, Inc.
41635 Enterprise Circle North, Suite B
Temecula, CA 92590
R:~D PX2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
General Plan Designation Planned Development Overlay (PDO-4)
Zoning Planned Development Overlay (PDO-4)
Description of Project Construct 400 residential units on approximately 20.7 acres.
Residential Development will consist of two and three-story
structures. Construct 123,000 sq.ft, of single story office/retai~ space
on approximately 11.9 acres. Access to the project site will be from
Jedediah Smith Road and State Highway 79. See more detailed
description in the enclosure to this Initial Study.
Surrounding Land Uses and (briefly describe the project's surroundings) State Highway 79 (SH 79)
Setting serves as the north boundary of the project site, with Temecula
Creek and associated flood control zoned for conservation located
south of the project site. Surrounding land uses include vacant land
to the west zoned for Highway/Tourist Commercial (HT), vacant land
to the east zoned for Professional Office (PO), existing Low Medium
Residential (LM) homes approximately 300-feet east of the project,
vacant land immediately north of SH 79 zoned for Professional Office
(PO), one existing single-family home zoned Very Low Density
Residential (VL) located at the northeastern corner of SH 79 and
Jedediah Smith Road and existing Very Low Density Residential
(VL) homes located approximately 500-feet north of SH 79.
Other pubic agencies (e.g. permits, financing approval, or participation agreement.) No
whose approval is required stream channels or wetlands are located on this creek terrace
located south of State Highway 79; therefore, no U.S. Corps of
Engineers 404 Permit or California Department of Fish and Game
1603 Agreement appears to be required. San Diego Regional Water
Quality Control Board approvals are required such as issuing a
Notice of intent, review and approval of a Storm Water Pollution
Prevention Program.
RAD PX2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
2
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
Land Use Planning Hazards
Population and Housing X Noise
X Geology and Soils X Public Services
Water X Utilities and Service Systems
X Air Quality Aesthetics
X Transportation/Cimulation X Cultural Resources
X Biological Resources Recreation
R:XD Px2001~01-0611 Temecu[a Creek Village\CEQA Initial Study.doc
3
i Energy and Mineral Resources Mandatory Findings of Significance
None
R:',D PX2001\01-0611 Temecula Creek Village\CEQA laitial Study.doc
4
A. INTRODUCTION AND BACKGROUND
McComic Consolidated, Inc. proposes to develop a 32.6-acre site in the City of Temecula for
high density, multi-family residential and office/retail uses. This proposed project would contain
a mixture of uses designed to allow residents to meet many service, employment and
recreational needs onsite, thereby providing a focal point for neighborhood activity. The
proposed project contains provision for a transit stop as well as an internal sidewalk system that
integrates with existing pedestrian facilities, encouraging non-automotive modes of
transportation. The criteria used to design this project are consistent with the Village Center
concept presented in the City of Temecula General Plan. Please refer to Figure 1 for the
Regional Location, Figure 2 for the Site Location and Figure 3 for the Site Plan.
The Specific Plan for the project site indicates that structures are limited to 2-stories. It appears
that this limit applies only to commercial structures. If this is correct, 3-story residences will not
conflict with the key objectives of the Specific Plan.
The Temecula City Council designated the project site as Planned Development Overlay (PDO-
4) by Ordinance 2000-13 on November 28, 2000. The project area is divided into Multi-Family
Residential Areas, Village Commercial Area and Retail/ Support Commercial Area. The
Supplemental Design and Setback Standards issued as part of the ordinance provide for either
medium or high-density residential development in the Multi-Family Residential Area provided
that the project is consistent with the guidelines for the density chosen. The project will be
constructed accordingly to the guidelines of High Density Residential development. The
General Plan descriptions of these land use designations state:
High Density Residential (13-20 Dwellinq Units per Acre Maximum)
The High Density Residential designation is intended to provide for development of attached
residential developments. Typical housing types include multi-family or garden apartments.
Congregate care facilities could be approved as a conditional use with the provisions of the
Development Code. Increases in the density for congregate care may be allowed under special
provisions of the Development Code and may be subject to additional environmental analysis.
Professional Office (Floor Area Ratio of .3 to 1.0)
The Professional Office designation includes primarily single or multi-tenant offices and may
include: supporting uses. Office developments are intended to include Iow-rise offices situated
in a landscaped garden arrangement and may include mid-rise structures at appropriate
locations. Typical uses include legal, design, engineering or medical offices, corporate and
governmental offices, and community facilities. Supporting convenience retail and personal
service commercial uses may be permitted to serve the needs of the on-site employees. The
development of mixed-use projects including compatible/complementary mixtures of office,
support commercial, residential, and services, is allowed through the Planned Development
Overlay process of the Development Code.
B. LOCATION
The proposed 32.6-acre Temecula Creek Village project is located on the south side of State
Highway 79 (SH 79) immediately east of the theoretical extension of Jedediah Smith Road in
the City of Temecula, California. Jedediah Smith Road is currently only located on the north
side of SH 79. The southern boundary of the property is Temecula Creek and associated flood
control and open space. Unsectioned land within T7S, R2W on the Temecula, California USGS
7.5' Topographic Quadrangle, San Bernardino Base and Meridian. (Please see Figure 1).
R:~D PX2001\01-0611 Temecula Creek VilIage\CEQA initial Study.doc
5
C. PROJECT DESCRIPTION
Project Objectives
Construct 400 residential units in two and three-stow structures on approximately 20.7 acres.
Construct 123,000 sq.ft, of one and two-story office/retail space on approximately 11.9 acres.
Access to the project site will be from State Highway 79. State Highway 79 (SH 79) serves as
the north boundary of the project site, with Temecula Creek and associated flood control zoned
for conservation located south of the project site. Surrounding land uses include vacant land to
the west zoned for Highway/Tourist Commercial (HT), vacant land to the east zoned for
Professional Office (PO), existing Low Medium Residential (LM) homes approximately 300-feet
east of the project, vacant land immediately north of SH 79 zoned for PO, one existing single-
family home zoned Very Low Density Residential (VL) located at the northeastern corner of SH
79 and Jedediah Smith Road and existing VL homes located approximately 500-feet north of
SH 79.
The objective of the Temecula Creek Village project is to comprehensively plan and develop a
32.6-acre in-fill project within the City of Temecula applying the "Village Center" design concept.
According to the City's General Plan,
Village Centers are intended to contain a concentration and mixture of compatible uses
including retail, office, public facilities, recreation uses and housing, designed to
encourage non-automotive modes of transportation.
The proposed project includes all of the above suggested compatible uses. Specific features of
the project include:
$
$
Specific permitted and conditional uses
A comprehensive sidewalk plan within the proposed project site capable of being
connected to a future pedestrian network in the surrounding area.
$ Development scaled for pedestrian uses
$ Gathering places for local residents to enhance neighborhood unity
$ Transit opportunities to reduce reliance on private automobiles
$ Buffers to protect residential uses from nuisance noise on existing streets
Proposed Project
The Temecula Creek Village Development is being designed and developed to consist of a
range of neighborhood convenience uses that are compatible and complementary to the
existing residential development in the vicinity and the high-density residential uses proposed
for the site. For planning purposes, the proposed project site is divided into four sub areas
(please refer to Figure 3). Sub Area A, the Retail/Support Commercial Area, encompasses the
western 6.9-acres of the project site and is proposed to consist of offices and retail uses, a
daycare center, restaurants and a drive-thru bank. Sub Area C, Village Commercial Area,
encompasses the north-central 5-acres of the project site and is proposed to consist of offices,
retail, restaurants and public transit facilities. Sub Areas B and D encompass the central and
R:XD P~2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
7
south-central 9-acres and eastern 11.7-acres respectively and are proposed to consist of High
Density Multi-Family residential areas and a private club house, pool and play area for
residents. An 8-foot wide 3,380-foot long public, multi-purpose trail will constructed along the
northern bank of Temecula Creek as part of the project and will form the southern boundary of
the project. The project will provide four public access points to the trail within development.
Uses in Sub Areas A and C have been selected that provide support services to existing and
future area residents. Uses have been chosen that cater to both the pedestrian and the
automobile customers. Permitted uses are indicated in Sections 17.22.130 through 17.22.138
of the Temecula Municipal Code for Planned Development Overlay District No. 4. Examples of
permitted uses include professional and medical offices, specialty retail and services, banks and
financial institutions, barber and beauty shops, health and exercise clubs, day care facilities and
sit-down restaurants. Some auto-oriented uses are permitted in Sub Area A in order to reduce
vehicle trips along SH 79 for auto-oriented services. The mix of actual uses may vary, but will
remain within the respective ranges in the PDO-4 schedule of permitted uses for the
Retail/Support Commercial and Village Commercial Areas. The estimated 123,000 square feet
of retail and office space represents a Floor-Area Ratio (FAR) of approximately .237, well within
the permissible FAR of .3 to 1.0.
Sub Areas B and D are the residential component of the proposed project. A total of 400 multi-
family residential units are proposed for development as 128 one-bedroom units, 254 two-
bedroom units and 18 three-bedroom units. The gross density of this portion of the project will
be 19.32 dwelling units per acre. The proposed density conforms with the range of density
permitted in this residential land use category. The proposed multi-family residential area also
includes a pool, clubhouse, and play area.
If approved, the proposed 32.6-acre Temecula Creek Village project will result in the
development of 11.9-acres of office/retail uses and 20.7-acres high-density multi-family
residential uses. A minimum 24-foot set back from the eastern property line will be provided to
buffer existing single-family development to the east. The buildings closest to SH 79 will be
located at the minimum required front setback for SH 79. Parking for the Village and
Retail/Support Commercial Areas will be provided at 1 space for every 200 square feet of
facilities. Covered parking for the residential facilities will be provided at the required ratios of 1
space for each one or two-bedroom unit and 2 spaces for each three-bedroom unit. Uncovered
parking for the residential facilities will be provided at the required ratios of .67 spaces for each
one or three-bedroom unit and 1.17 spaces for each two-bedroom unit.
Proposed Project Development
The proposed project would be developed in the following manner:
a. Site Clearance and Grading
The developer will clear all portions of the site that will not remain in open space. Once the site
is cleared, grading will proceed in accordance with the grading standards outlined in the
proposed project grading plan, California Building Code Standards, and City standards. It is
forecast that grading fill will balance material on the site, with approximately 50,000 cubic yards
of cuts and a comparable amount of fill, minus shrinkage. Figure 4 shows the conceptual
grading plan. Grading is expected to take place over a one to two month period.
b. Construction of Infrastructure and Structures
R:~D Px2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
8
FIGURE 2
Site Location
i Source: 3.0 TopaQuads. Delom~e .
Tom Dodson & Associates
jEDEDi~I sMtTH RoAD
As the proposed project is an urban infill development in a suburban/urban area, infrastructure
connections are available for all utilities at the edge of the project site. Utility infrastructure will
be extended to all areas of the project site from existing connections in SH 79.
c. Occupancy
With a total of 400 dwelling units, the proposed project is forecast to contain a population of
1,132 persons (400 x 2.83 persons per household). The 123,000 square feet of office/retail
space will provide employment for onsite and local residents. Given the type of office and retail
uses, an estimated six jobs per 1,000 square feet, or up to 738 new jobs, are forecast to be
generated by the commercial/office portion of the project site.
d. Procedural Considerations
The California Environmental Quality Act (CEQA) was adopted to implement the goal of
maintaining the quality of the environment for the people of the State. Compliance with CEQA,
and its implementing guidelines, requires that an agency making a decision on a project must
consider its potential environmental effects/impacts before granting approval. An agency, in this
case the City of Temecula, must examine feasible alternatives and identify feasible mitigation
measures as part of the environmental review process where significant adverse environmental
impacts are forecast to occur.
The City of Temecula is required to identify the potential environmental impacts of the project
and determine whether there are feasible mitigation measures that can be implemented to
substantially lessen or avoid significant environmental effects of the project. The first step in
this process, completion of an Initial Study to determine whether an Environmental Impact
Report (EIR) is required, has been completed by The City for the proposed project. Based on
information developed in the Initial Study, the City of Temecula has determined that
implementation of the proposed project is not forecast to cause any significant adverse impacts
to the environment and therefore no environmental analysis beyond the Initial Study and
adoption of a Mitigated Negative Declaration is required.
Pursuant to State CEQA Guidelines, the City of Temecula will serve as CEQA Lead Agency for
the Initial Study. The decision that will be considered by the City of Temecula is whether to
approve or reject the proposed land use entitlements outlined above. This initial Study
evaluates the potential effects to the physical environment from approval and implementation of
the proposed project.
The City of Temecula prepared this Initial Study. The Initial Study and Notice of Intent to adopt
a Negative Declaration for the proposed project has been distributed directly to all public
agencies and interested persons identified on the mailing list, as well as any other requesting
agencies or individuals. All reviewers will be allowed 30 days to review the Initial Study and
submit comments to the City. The Initial Study is also available for public review at:
The City of Temecula
Community Development Department- Planning Division
43200 Business Park Drive
Temeoula, CA 92589-9033
Phone (909) 694-6400
Fax (909) 694-6477
R:~D I~2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
9
After the 30~day Initial Study review period, the City of Temecula will take action to adopt or
reject the Initial Study and make a decision regarding the proposed project and associated
applications. The City of Temecula will review the comments received during the public review
period and the information in the Initial Study for compliance with the CEQA. Information
concerning the Initial Study, public review schedule, and meetings for this proposed project can
be obtained by contacting the City of Temecula at the above address.
Determination
(To be completed by the lead agency)
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
X I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have bee~
made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION
will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact 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.
find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided
or mitigated pursuant to that earlier ErR or NEGATIVE DECLARATION, including revisions or
. mitigation measures that are imposed upon the proposed project, nothing further is required.
Printed Name Francisco J. Urbina
Associate Planner
Date: March 28, 2002
for Debbie Ubnoske, Planning Director
R:~,D I~.O01\O1-061 I Temecula Crcek Village\CEQA Initial Study,doc
10
1. LAND USE AND PLANNING. Would the project:
Potentially Significanl Less Than
Significant Unless Mitigation Significant NO
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Physically divide an established community? X
b. Conflict with applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan, X
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigation an environmental effect?
c. Conflict with any applicable habitat conservation plan X
or natural community conservation plan?
Comments:
a
The project site is located in a rapidly developing urban/suburban area. Residential
uses exist to the east and to the south across Temecula Creek; very Iow density
residential development exists to the north of SH 79. The properties immediately west of
the project and immediately north of SH 79 are vacant, disturbed lots. Interstate 15 is
located approximately 1.5 miles west of the project site. The construction and
occupancy of 400 residential units and 123,000 square feet of office/retail on this
approximately 32.6-acre property is consistent with existing nearby commercial and
residential uses and as specified in the approved Planned Development Overlay District
4 (PDO-4). The type of project proposed and the location of the project eliminate any
possibility of causing adverse impact from physically dividing an established community.
b
The project site is designated on the City of Temecula General Plan and Development
Code as Planned Development Overlay No. 4 (PDO-4). Sections 17.22.130 through
17.22.138 were added to the Temecula Municipal code supplemental standards and
requirements for PDO-4. The proposed project is fully compliant with these codes.
Implementation of the proposed Temecula Creek Village project has no potential to
conflict with any agency plans or policies that have been adopted in order to avoid or
mitigate an environmental effect. Site development will require mitigation to prevent
erosion and sedimentation during construction and during occupancy, and mitigation
may be required to compensate for potentially significant biological resources located on
the property. With this mitigation no significant conflicts are forecast to occur from
implementing the proposed project. Details of the mitigation measures for these issues
are provided under the respective issue evaluations presented below.
C
The project site is heavily disturbed habitat dominated by ruderal vegetation. No habitat
community represented on the site is listed in any agency plans as part of a habitat
conservation plan or a natural community conservation plan. The project is located
within the Riverside County Habitat Conservation Plan for Stephen's kangaroo rat. A
mandatory development fee of $500 per acre will be assessed for the project.
Based on the site's high density residential and professional office designations, and the
infill character of the project site, the proposed Temecula Creek Village project is
consistent with the village center and planned development overlay concepts presented
R:~D P~2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
in the General Plan and Development Code. The proposed project does not pose any
significant adverse land use impacts with implementation of required mitigation.
Potential mitigation for other issues is discussed in the appropriate sections of this Initial
Study. No mitigation is required for land use issues beyond those that are already
included in the proposed project Planned Development Overlay.
2. POPULATION AND HOUSING. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant No
Issues and Suppoding Information Sources Impact Incorporated Impact impact
a. Induce substantial population growth in an area,
either directly (for example, by proposing new X
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement X
housing elsewhere?
c. Displace substantial numbers of people,
necessitating the construction of replacement X
housing elsewhere?
Comments:
a
The City General Plan designates PDO-4 for the development of 340 to 400 multi-family
units. The proposed project is designed with 400 units and is therefore within the
established range. At an occupancy rate of 2.83 persons per unit, the maximum
population that will occupy this project is forecast to be 1,132 persons. The proposed
office/retail uses on site are only approximately two-thirds of the minimum FAR square
footage anticipated in the General Plan for this site (.23 compared to a minimum of .3),
and 23% of the maximum FAR (.23 compared to the maximum FAR of 1.0). Based on
this evaluation, the proposed project is not forecast to cause significant growth within the
City of Temecula beyond that which is planned for in the General Plan. Assuming 600
employable persons occur within the 400 units, the jobs/housing ratio for this project is
1.2:1, a net positive for the City.
The project site is presently unoccupied and the proposed project has no potential to
displace any existing housing. The project will provide critically needed apartment
housing units for the City, and equally important, the adjacent professional and
commercial development can reduce the overall trip generation by allowing pedestrian
trips to replace vehicle trips.
The project site is presently unoccupied and the proposed project has no potential to
displace any existing population. The project provides essential rental housing that is
currently in very short supply within the City and surrounding area. No mitigation is
required.
R:~D PX2001\01-0611 Temecula Creek VilIage\CEQA initial Study.doc
3. GEOLOGY AND SOILS. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant No
Issues and Supporling Information Sources Impact Incorporated Impact Impact
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or X
death involving:
I) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
X
area or based on other substantial evidence of a
known fault? Refer to Division of Mines and
Geology Special Publication 42.
ii) ' Strong seismic ground shakin~l? X
iii) Seismic-related ground failure, including X
liquefaction?
iv) Landslides? X
b. Result in substantial soil erosion or the loss of
X
topsoil?
c. Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site X
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d. Be located on expansive soil, as defined in Table
1801-B of the Uniform Building Code (1994), X
creating substantial risks to life or property?
e. Have soil incapable of adequately supporting the
use of septic tanks or alternative waste water X
disposal systems where sewers are not available for
the disposal of waste water?
Comments:
a
Fault investigation by Petra Geotechnicai, Inc. indicate that three active splays of the
Wildomar Fault are located on the eastern portion of the project site. The project has
been designed so that no structures are located within 50-feet of each side of the fault
traces, as prescribed by Petra Geotechnical. The incorporated building setbacks are
considered sufficient to reduce impacts to a less than significant level.
A detailed description of the City's geology and soils is contained in Chapter 4.1 of the
City's General Plan Environmental Impact Report (GPEIR). According to the GPEiR, the
City of Temecula is in Groundshaking Zone II which will experience moderate to intense
groundshaking in the event of a major regional earthquake. Geologic mitigation
measure 5 is identified in Section 4.1.3 of the GPEIR and it is deemed adequate to
reduce potential groundshaking impacts to a level of nonsignificance.
A review of the City's Subsidence/Liquefaction Hazards in the General Plan (Figure 7-2)
and the geotechnical report prepared by EnGEN Corporation indicate that the project
site is located within a zone of potential subsidence or liquefaction.
R:\D PL2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
13
b
C
d
II1-1
Site development with be conducted in accordance with the
Geotechnical/Geological Engineering Study recommendations prepared by EnGEN
Corporation on May 21, 2001.
Implementation of this mitigation measure is considered sufficient to reduce potential
impacts from liquefaction to a less than significant level.
A geotechnical investigation by EnGEN Corporation indicates that there is a Iow
potential for earthquake induced landslides or rockfalls on the project site because of the
favorable geologic structure and topography of the area (its flat). A copy of this
geotechnical study is available at the City Planning Department office for review if
desired.
Development of the project site will expose it to potential erosion and downstream
sedimentation. The General Plan requires mitigation for projects to control erosion.
Further, specific requirements have been established under the state-wide NPDES
program that requires every project with ground disturbance greater than five acres to
implement a Storm Water Poliution Prevention Plan (SWPPP) during construction and
over the long-term. Best Management Practices (BMPs) are identified in the SWPPP to
control erosion on a site and any sedimentation generated by disturbing the site for
development. Mitigation is required to control potential erosion and sedimentation. The
following mitigation measure will be implemented.
111-2
The SWPPP prepared for this project will implement BMPs identified in the County's
Drainage Area Management Plan (DAMP). The required performance standard is to
minimize erosion on the site in accordance with DAMP BMPs and to contain all
eroded sediment on the project site.
Implementation of Mitigation Measure II1-1 is considered sufficient to mitigate potentially
significant impacts result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse as a result of the proposed project. No additional mitigation is
required.
According to the geotechnical report by EnGEN Corporation, preliminary tests indicate
that the shrink/swell of potential of onsite soils is considered Iow. No change in the
geotechnical recommendations is expected; however, the following mitigation measure
will be required to ensure no significant impacts from soil expansion.
lil-3
Upon completion of fine grading of the building pad, near surface samples will be
obtained and tested to verify the preliminary expansion test results.
If fine grading surface samples indicate that additional measures are required, the
project developer's soils engineer will prepare the minimum of an addendum to
document whether additional geotechnical mitigation measures cause an additional
adverse impacts not already described in this initial Study.
The project site will be served by a sewer collection system so there is no potential for
the site to have adverse impacts related to use of subsurface wastewater disposal
systems.
RSD P~2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
4. HYDROLOGY AND WATER QUALITY. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant No
Issues and Su0por~ing Information Sources Impact Incorporated Impact Impact
a. Violate any water quality standards or waste X
discharge requirements?
b. , Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table X
level (e.g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c. Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner which X
would result in substantial erosion or siltation on- or
off-site?
d. Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantially X
increase the rate or amount of surface runoff in a
manner which would result in flooding on- or offsite?
e. Create or contribute runoff water which would
exceed the capacity of existing or planned storm X
water drainage systems or provide substantial
additional sources of polluted runoff?
f. Otherwise substantially degrade water quality? X
g. Place housing within a 'iO0-year flood hazard area
as mapped on a federal Flood Hazard Boundary or X
Flood Insurance Rate Map or other flood hazard
delineation map?
h. Place within a lO0-year flood hazard area structures X
which would impede or redirect flood flows?
I. Expose people or structures ~o a significant risk of
loss, injury or death involving flooding, including X
flooding as a result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow? X
Comments:
a
The proposed project would permit development of 400multi-family residential dwelling
units and 123,000 sq. ft. of office/retail space. This type of development does not
typically generate any wastewater, other than domestic or municipal, which will require
treatment or waste discharge requirements. No water quality standards are forecast to
be violated by implementing the proposed project which will deliver its wastewater flows
to the regional wastewater plant. Wastewater will be delivered to the regional treatment
plant for treatment under waste discharge requirements established by the San Diego
Regional Water Quality Control Board. During construction and occupancy
R:~D Px2001~01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
15
b
C
d-f
g,h
implementation of BMPs as outlined in Supplement A of the Riverside County DAMP will
be implemented which will control pollution to a level of nonsignificance. See mitigation
measure 111-2.
The project site is located on an old terrace which has no potential to serve as a
recharge location for surface runoff. Therefore, the project has no potential to adversely
interfere with groundwater recharge. The proposed project does not include any
extraction of groundwater, so no adverse direct impact can result from implementing the
proposed project. The GPEIR addresses water demand from development in the City of
Temecula, including 772 acres of medium density residential uses and 520 acres
professional office uses. The GPEIR concludes that cumulative water demand within the
City can be met by the City's two purveyors without having a significant adverse impact
on the environment, including depletion of the areas groundwater supplies. The
proposed development is consistent with the General Plan designation for the property
and thus is considered consistent with the GPEIR. Therefore, the proposed project will
not contribute to a significant cumulative, indirect adverse impact on the area
groundwater aquifers.
The project site presently drains via sheefflow in a southerly direction into Temecula
Creek and ultimately the Santa Margarita River. After construction of the proposed
project, drainage from the project site would be routed by underground pipes to an outlet
of an existing double 6 x 12 ff. wide box culvert located south of Jedediah Smith Road.
Erosion and siltation issues are addressed in previous discussions under geology and
hydrology.
The proposed project would increase runoff as a result of increasing the impervious
surface on the project site. Currently, approximately 60 cubic feet per second of flows
are created by storm events; after construction of the proposed project storm events
would create flows of 80 cubic feet per second. The project will incorporate depressed
landscaped areas or other measures at each sub area to prevent siltation downstream.
Runoff will be reduced by onsite detention basins to a level comparable with the
undeveloped value referenced above. No significant adverse impact is forecast to affect
properties downstream of the site from developing the project as proposed.
The project site is located on a terrace approximately 10 feet above the 100-year flood
hazard area. The flood plain encroaches approximately 10 feet into the property for
about 45 feet of length along the public trail at the southern extent of the property. Two
more incursions of the 100-year flood plain occur at the southwestern corner of the
property. In one location the 100-year flood plain enters about 16 feet into the public trail
for about 24 feet. In the second the final approximately 70 feet of the western most
portion of the trail are located in the flood plain as are portions of 3 parking spaces. No
buildings or structures are located within the 100-year flood plain. No potential for
exposure to significant flood hazards will occur from developing the project site as
proposed. Buildings will be flood-proofed in accordance with Federal Emergency
Management Administration (FEMA) regulations by elevations finished floors above
base flood elevations.
According to Figure 7-4 the project site is located within a dam inundation flood hazard
area downstream from Vail Lake. Rupture of the dam and release of flows could cause
loss of life and property. The Office of Emergency Services is responsible for reviewing
population control and evacuation procedures in areas designated as potential for loss of
R:~D PL2001~01-0611 Teraecula Creek VilIage\CEQA Initial Study,doc
16
life in the event of a dam failure. Dams are over-designed to minimize potential failures.
Typically within a city where a potential for dam inundation exists there are two
measures implemented:
1. The City's Emergency Services agency develops and maintains dam failure
evacuation plan
2. The City prohibits critical and essential uses within the designated dam inundation
areas.
The City has implemented a multi-hazard functional plan pursuant to the California
Emergency Services Act. The proposed project does not contain critical or essential
facilities. No mitigation is required.
Due to the project area's distance from the ocean and elevation, there is no potential for
a tsunami. The project area is not located near a large surface water body and there is
no potential for inundation by seiche or mudflow.
5. AIR QUALITY. Where available, the significance criteria established by the applicable
quality management or air pollution control district may be relied upon to make the
following determinations. Would the project:
Potentially
Potentially Significant Less Than
Significant Un[ess Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Conflict with or obstruct implementation of the X
applicable air quality plan?
b. Violate any air quality standard or contribute
substantially to an existing or projected air quality X
violation?
c. Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state X
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors?
d. Expose sensitive receptors to substantial pollutant X
concentrations?
e. Create objectionable odors affecting a substantial X
number of people?
Comments:
a
The proposed project meets the objective of providing adequate multifamily housing
adjacent to a commercial and job generating development. The overall reduction in trip
generation and vehicle miles traveled will be fully consistent with SCAG's Regional
Comprehensive Plan and Guide (RCPG) and the SCAQMD Air Quality Management
Plan (AQMP). Development of the project site with mitigation measures as outlined in
the SCAQMD "CEQA Air Quality Handbook" will not conflict with any applicable air
R:~D P~2001\01-0611 Temecula Creek Village\CEQA Initial Study.doc
17
quality plan. A jobs/housing balance of 1.2:1 results in a net benefit for the project to the
City's overall balance.
Air quality within the South Coast Air Basin (SoCAB) is improving, and development of
the proposed project will be in full conformance with the RCPG and AQMP because it
contains all of the elements identified in these plans to minimize trip generation and
vehicle miles traveled. The proposed project's development will ensure that the
emissions will be minimized to the maximum extent possible and will contribute to the
regional programs being implemented to ensure that air quality emissions in the SoCAB
will ultimately be brought within the carrying capacity of the Basin.
The CEQA Air Quality Handbook contains a screening table for operations and
construction impacts. Under Table 6-2 of the Handbook, the threshold for potential
cumulative significant air emissions is 261 apartment units. The comparable threshold
for development of office and commercial development is 96,221 square feet and 50,000
square feet respectively.
Operational emissions include mobile sources, energy consumption, consumer products
and miscellaneous other sources. According the California Air Resources Board
URBEMIS7G model analysis conducted by Hans Giroux in February 2002 the project
will exceed SCAQMD-recommended significance thresholds for ROG and Nox until
beyond the year 2010. By 2015, attrition of older, more polluting cars from the vehicle
fleet will allow all pollutants to remain below these thresholds.
Table 1. URBEMIS7G Model Summary Report
(Year 2003 Emissions; Pounds/Day; Summer Season)
operational EmissiOns
ROG NOx CO PM-10
Mobile Sources 78.7 75.3 559.3 48.8
Area Sources 20.4 4.1 4.9 <0.1
Year 2003 Total Emissions 99.1' 79.4* 564.2 48.8
SCAQM D Threshold 55 55 550 150
Year 2005 Total Emissions 85.9' 72.5' 511.4 48.8
Year 2010 Total Emissions 63.2' 56' 390.5 48.8
Year 2015 Total Emissions 46.4 44.2 286.0 48.7
'= exceeds SCAQMD- recommended significance threshold
Soume: URBEMIS7G Computer Model, summary attached.
According the California Air Resources Board URBEMIS7G model analysis conducted
by Hans Giroux in 2002, construction related daily equipment exhaust emissions are
predicted to fall well below significance thresholds as depicted in Table 2. The
emissions calculations assume 10 pieces of 100 horsepower (HP) heavy grading
equipment operating for 8 hours a day for a total of 8,000 HP/day
R:XD PX2001~01-0611 Temccula Creek Village\CEQA Initial Study.doc
18
Table 2. Daily Equipment Exhaust Emissions
Pollutant EMFAC* EmissiOns SCAQMD Threshold
CO 1.9 15 550
ROG 0.6 5 75
NOx 8.6 69 100
SOx 0.6 5 150
PM-10 0.3 2 150
,missions in pounds/1000 HP, SCAQMD CEQA Handbook, Table A9-3-A
Daily construction exhaust emissions do not include diesel equipment exhaust from
grading equipment or fugitive dust (PM-10) emissions. According the California Air
Resources Board URBEMIS7G model analysis conducted by Hans Giroux in 2002,
construction related PM-10 impacts can be kept to a less than significant level with
implementation of the following mitigation measures.
v-1
The City will require contractors to apply water to the disturbed portions of the project
site at least four times per day. On days where wind speeds are sufficient to transport
fugitive dust beyond the working area boundary, the City will require contractors to
increase watering to the point that fugitive dust no longer leaves the property (typically
a moisture content of 12%), and/or the contractor will terminate grading and loading
operations.
V-2
The project will comply with regional rules such as SCAQMD Rules 403 and 402 which
would assist in reducing short-term air pollutant emissions. Rule 403 requires that
fugitive dust be controlled with best available control measures so that the presence of
such dust does not remain visible in the atmosphere beyond the property line of the
emission source. Rule 402 requires dust suppression techniques to be implemented to
prevent fugitive dust from creating a nuisance offsite. These dust suppression
techniques are summarized below.
Portions of the construction site to remain inactive longer than a period of three
months will be seeded and watered until grass cover is grown or otherwise
stabilized in a manner acceptable to the City.
b. All on-site roads will be paved as soon as feasible or watered periodically or
chemically stabilized.
c. All material transported off-site will be either sufficiently watered or securely
covered to prevent excessive amounts of dust.
d. The area disturbed by clearing, grading, earth moving, or excavation operations will
be minimized at all times.
V-3
V-4
All material stockpiles subject to wind erosion during construction activities, that will
not be utilized within three days, will be covered with plastic, an alternative cover
deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer.
All vehicles on the construction site will travel at speeds less than 15 miles per hour.
This will be enforced by including this requirement in the construction contract between
the developer and the contracted construction company with penalty clauses for
violation of this speed limit.
R:kD Pk2001\01-0611 Temecula Creek Village\CEQA Initial Study.doc
V-5
The contractor will require all vehicles leaving the project site to use a wheel washer to
remove dirt that can be tracked onto adiacent roadways.
V-6
Where vehicles leave the construction site and enter adjacent public streets, the streets
will be swept daily or washed down at the end of the work day to remove soil tracked
onto the paved surface.
V-7
The contractor will establish a car-pool program for construction employees which will
include incentives with the goal of achieving a 1.5 persons per vehicle ridership for this
construction project.
V-8
All engines will be properly operated and maintained. These measures will be enforced
through the monthly submission of certified mechanic's records.
V-9
All diesel-powered vehicles and equipment will be operated with the fuel injection
timing retarded 2 degrees from the manufacturer's recommendation and use high
pressure injectors.
V-10
All diesel-powered vehicles will be turned off when not in use for more than 30 minutes
and gasoline - powered equipment will be turned off when not in use for more than five
minutes.
V-ll
The construction contractor will utilize electric or natural gas powered equipment in lieu
of gasoline or diesel powered engines, where feasible and where economically
competitive.
d
None of the activities at the project site (multifamily residences or the commercial/office
uses) have a potential to generate significant volumes of pollutants or create substantial
pollutant concentrations that could harm sensitive receptors.
e
None of the activities at the project site have a potential to generate significant odors or
create substantial odor concentrations that could harm sensitive receptors.
6. TRANSPORTATION / TRAFFIC. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and Supporting information Sources Impact Incorporated Impact impact
a. Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
X
i either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections?
b. Exceed, either individually or cumulatively, a level of
service standard established by the county X
congestion management agency for designated
roads or highways?
c. Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in X
location that results in substantial safety risks?
d. Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous X
intersections) or incompatible uses (e.g., farm
equipment)?
R:\D P~2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
20
e. Result in inadequate emergency access? X
f. Result in inadequate parking capacity? X
g. Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus X
turnouts, bicycle racks?
Sources: City of Temecula General Plan and Environmental Impact Report, Traffic Signal
Warrant Analysis prepared by Urban Crossroads (Temecula Creek Apartment/Retail
Development Traffic Signal Warrant Analysis) for the proposed project in November of 2001,
supplemental traffic analysis dated January 4, 2002 and March 12, 2002 prepared by Urban
Crossroads for Temecula Creek Villlage, City of Temecula Public Works Department
Memorandum dated February 13, 2002, and Planning Applications No. PA99-0261 (Planned
Development Overlay Area No. 4 (PDO-4) and PA99-0371 (General Plan Amendment to the
Temecula Circulation Bement Initial Study to delete a portion of Via Rio Temecula form the
Circulation Element).
Comments:
a,b
A Traffic Signal Warrant Analysis prepared by Urban Crossroads (Temecula Creek
Apartment/Retail Development Traffic Signal Warrant Analysis) for the proposed project in
November of 2001 indicates that the intersection of the main project entrance at SH 79
and Jedediah Smith Road will warrant a traffic signal for the opening year.
Based on the available data, the proposed project can be implemented without causing
any significant adverse impacts to the circulation system. The project is conditioned to
obtain encroachment permits and traffic signal warrant analysis from the California
Department of Transportation prior to issuance of grading permits and prior to the
construction and installation of two traffic signals along the project site's State Highway 79
South frontage (e.g. at the intersection of State Highway 79 South and the intersection of
the project site's main village commercial driveway and State Highway 79 South.
The proposed project is also conditioned to comply with the traffic mitigation conditions
specified in the City of Temecula Public Works Department memorandum dated February
13, 2002 (copy attached) and conditioned to comply with.
The project site is located approximately 5 miles from the nearest airport, French Valley,
and therefore has no potential to adversely impact any air traffic patterns.
d
e
Based on the available data, the proposed project circulation system improvements will
not cause any roadway hazards.
Emergency access to the project site will be via controlled non-public gated fire access
located to the eastern most drive from SH 79 and via grass-crete along the public trail in
addition to vehicular access provided by a private road entry at the western extent of the
property, two entrances from SH 79 in the central portion of the property and the main
entrance at SH 79 and Jedediah Smith Road. No mitigation is required.
The applicant has provided adequate parking spaces to meet the City's Development
Code requirements in both the commercial/office (Subareas A and C) and multifamily
development (Subarea B and D) areas. No mitigation is required.
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21
The project provides a bus bay and seating with shelter designed to be used as a transit
stop. Parking spaces will be provided for 12 motorcycles and 32 bicycles at the non-
residential facilities. No conflict or adverse impact to adopted alternative transportation
policies, plans or programs is forecast to occur from implementing the proposed project.
No mitigation is required.
7. BIOLOGICAL RESOURCES. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and SuppoMing Information Sources Impact Incorporated impact Impact
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status X
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, X
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
c. Have a substantial adverse effect of federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh, X
vernal pool, coastal, etc.) through direct removal
filing, hydrological interruption, or other means?
R:~D P~2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
22
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife X
corridors, or impede the use of native wildlife nursery
sites?
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree X
preservation policy or ordinance?
f. Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community X
Conservation Plan, or other approved local, regional,
or state habitat conservation plan?
Comments:
a
The habitat assessment conducted by L & L Environmental, Inc. indicates that the project
site is dominated by ruderal/disturbed lands with a mixture of native and non-native trees.
No suitable habitat for any state or federally listed Threatened or Endangered species was
found on the project site. No threatened or endangered species, including no Quino
checkerspot butterflies (QCB), no Stephen's kangaroo rat (Dipodomys stephenst} and no
California gnatcatchers (CAGN) were identified on the property. The project site is located
within the Riverside County HCP for the Stephen's kangaroo rat (Dipodomys stephenst}
and the project will be required to contribute $500 per acre to the HCP fund.
At the time of completion of this initial study, the Riverside County Transportation and
Land Management Agency (TLMA) had completed a Preliminary Draft Western Riverside
County Multi-Species Habitat Conservation Plan (MSHCP). This preliminary draft plan
shows a proposed wildlife corridor adjacent to the subject project site along Temecula
Creek. The width of this proposed wildlife corridor had not been determined at the time of
the preparation of this initial study.
The paniculate tarplant (Hemizonia paniculata) was observed on the property and is listed
by the California Native Plant Society (CNPS) as a List 4 species, indicating that it is on a
watch list for plants of limited distribution, impacts to CNPS List 4 species is not
considered significant under CEQA. Native trees present on the site include coast live
oak, western sycamore, Fremont Cottonwood (Populus fremontiO and red willow (Salix
laevigata). Most of these plants will be removed from the site, but due to their distribution
R:\D PX200I\01-0611 Temecula Creek Village\CEQA Initial Study.doc
23
b, C
d
and small number on the site, no significant biological resource impacts are forecast to
occur.
According to the habitat assessment, no riparian or wetland resources occur on the project
site. Therefore, development of the proposed project cannot adversely impact such
resources. No mitigation is required.
The project site is surrounded by urban/suburban development on three sides and is
considered an infill parcel. The site has limited habitat value as it is currently ruderal land,
old building pads and patchy trees along a well used highway. The project will not directly
impact Temecula Creek, and indirect effects from development are being controlled to
minimize impacts to riparian habitat values at the site. As such this site's development
has very Iow potential to adversely impact wildlife movement.
There are native and non-native tree species on the site that may require acquisition of a
permit for removal. The developer is required to obtain such a permit and no mitigation is
required to ensure that the permit will be obtained prior to removal of any trees on the
property.
Development of the proposed project does not conflict with the provisions of any habitat
conservation plan and, in fact, with the mitigation outlined above should support
implementation of such plans. No additional mitigation will be required for the proposed
project.
8. MINERAL RESOURCES. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and Supporting Information Sources Impact Incorporated Impact Impacl
a. Result in the toss of availability of a known mineral
resource that would be of value to the region and the X
residents of the state?
b. Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local X
general plan, specific plan or other land use plan?
Comments:
a
There are no mineral resource designations nor any known mineral resources on this
project site Because the site is located on a ridge, outside of alluvial deposits, no potential
for sand and gravel resources exists on the project site. No mitigation is required.
b
Development of the site has no potential to lose access to known and available mineral
resources because none occur on the project site, nor is access required across the site to
such resources.
No mitigation is required.
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24
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Potentialry
Potentially Significant Less Than
Significant Unless Mitigation SignificantNO
Issues and Supporling Information Sources Impact Incorporated Impact Impact
a. Create a significant hazard to the public or the
environment through the routine transportation, use, X
or disposal of hazardous materials?
b. Crate a significant hazard to the public or the
environment through reasonably foreseeable upset X
and accident conditions involving the release of
hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely X
hazardous materials, substances, or waste within
one-quarter mile of an existing or proposed school?
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, X
would it create a significant hazard to the public or
the environment?
e. For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles or a public airport or public use airport, X
would the project result in a safety hazard for people
residing or working in the project area?
f. For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people X
residing] or working in the project area?
g. Impair implementation of or physically inter[ere with
an adopted emergency response plan or emergency X
evacuation plan?
h. Expose people or structures to a significant risk or
loss, injury or death involving wildland fires, including X
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
Comments:
a-c
The proposed project will consist of residential, office and retail uses that do not involve
significant potential for routine transport or use of hazardous materials or routine
generation of hazardous wastes beyond those normally encountered in urban/suburban
"village center" type setting, typically termed "household hazardous wastes". The potential
for significant impacts to the environment from upset or accidental release of chemicals is
very Iow because no hazardous wastes other than "household hazardous wastes" are
expected to be present on the site. No mitigation is required.
d
A review of the Leaking Underground Storage Facilities Information System available at
https://geotracker2.arsenaultlegg.com/ found no hazardous sites located on or
immediately adjacent to the proposed project site. Based upon the information available
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25
to us, it appears that there are no hazardous sites on or near the site and that there will be
no significant impact.
e, f The project site is five miles from the nearest airport or private air strip and has no
potential to adversely impact airport operations.
g
Development of the project site has no potential to modify or adversely affect an adopted
emergency response plan or evacuation plan. Minimal disturbance to SH 79 will occur
from implementing the proposed project and adequate emergency access is being
provided to the site from this highway.
h
The project site does contain a minimal wildland fire hazard onsite based on the presence
of the ruderal habitat. The proposed project will eliminate the wildland fire hazard on the
property if it is approved. The project has incorporated design features such as
emergency access and fire truck turn arounds as required for fire safety. No adverse
wildland fire hazard impact is forecast to occur and no mitigation is required.
10. NOISE. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and Supporting Information Sources Impact incorporated Impact Impact
a. Exposure of people to severe noise levels in excess
of standards established in the local general plan or
noise ordinance, or applicable standards of other X
agencies?
b. Exposure of persons to or generation of excessive X
groundborne vibration or groundborne noise levels?
c. A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing X
without the project?
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26
d. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above X
levels existing without the project?
e. For a project located within an airport land use plan
or, where such a plan has not been adopted, within X
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f. For a project within the vicinity of a private airstrip,
would the project expose people residing or working X
in the project area to excessive noise levels?
Comments:
a
According to the Temecula Creek Apartment/Retail Development Noise Study prepared
by Urban Crossroads (November 15, 2001), the primary source of noise on the project site
is SH 79. In order to comply with the City's 65 dBA CNEL exterior noise standard at the
proposed multi-family residences, the following mitigation measures are required.
X-1
A minimum 6.5 foot high above pad elevation wall barrier will be constructed ah the first
floor patio areas for apartments facing SH 79. Where applicable, the barriers should
wrap around the ends of the patio areas to prevent flanking of noise into the site.
Barrier construction materials will comply with the standards presented in the Noise
Study prepared by Urban Crossroads for the project.
X-2
During construction, vehicle staging areas and stockpiling will be located as far as is
practicable from existing residential dwellings.
X-3
The applicant will require that construction activities be limited to no more than the
hours of 6:30 a.m. to 6:30 p.m. Monday through Friday and 7:00 a.m. 6:30 p.m. on
Saturdays per City Noise Control Ordinance Section 8.32.020.
X-4
The applicant will respond to any noise complaints received for this project by
measuring noise levels at the affected receptor. If the noise level exceeds an Ldn of 65
dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will implement
adequate measures to reduce noise levels to the greatest extent feasible.
X-5
The applicant will require that all construction equipment be operated with mandated
noise control equipment (mufflers or silencers). Enforcement will be accomplished by
random field inspections by applicant personnel during construction activities.
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b
The above mitigation measures will insure that the development of the proposed project
will not expose current or future residents to excessive groundborne vibration or noise
levels.
C
Future background noise levels will be dominated at the project site by noise generated
from traffic on SH 79, directly north of the project site. The proposed project permits or
conditionally permits the development of use such as restaurants, small health club, small
dance/aerobics/martial arts studio (less than 5000 sq. ft.), laundromat, and specialty retail
uses in Sub Areas A and C. These businesses may operate during evening hours causing
nuisance noise to residents in the development and in the surrounding area.
Therefore, the following mitigation measure will be implemented.
X-6
In addition to ensuring compliance with the City of Temecula General Plan, noise
ordinances, and other applicable regulations, the City will require noise standards
specific to each business in the proposed development, that operates in the evening (7
p.m. to 10:00 p.m.) and night-time hours (10:00 p.m. to 7:00 a.m.), as a component of a
Conditional Use Permit. These noise standards will ensure that noise levels at the
nearest residences do not exceed 50 dBA at the exterior wall facing the commercial
area, or is below the background noise level.
The noise study prepared for the project indicates that the proposed project will not have
any significant impact to off-site noise levels along the study area roadways or other
sensitive land uses in the area.
Construction noise levels will be above background noise levels during daylight hours, but
the City General Plan requires construction noise mitigation by restricting construction
activities to daylight hours as reiterated in mitigation measure X-3. With implementation of
this measure the short-term noise impacts are not forecast to be significant to the
surrounding land uses.
e-f The project site is located five miles from the nearest airport or a private airstrip and has
no potential to be exposed to significant airport operation noise impacts.
11. 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:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and $ uppor~ing Information Sources Impact focorpomted Impact Impact
a. Would the project result in substantial adverse X
physical impacts associates with the provisions of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
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28
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the public
services?
b. Fire protection? X
c. Police protection? X
d. Schools? X
e. Parks? X
f. Other public facilities? X
Comments:
a-d
The proposed project is an infill development and all services are already available to the
project site. The development of 400 apartment units and 123,000 sq. ft. of office/retail
space will place a small increment of cumulative demand on the service systems (fire,
police, schools, and parks). Based on a review of the GPEIR all of the service system
impacts from developing the proposed project can be mitigated to below a significant level
by implementing mitigation measures identified in that document. These measures
include: Fire Service, Measures 1 and 2; Police Service, Measures 1-3, and Education
Measures 1-3 and 5, as appropriate. The number of students generated at this site will be
offset by payment of requisite fees by residential and commemial square footage
mandated by State law.
e
For park and recreation services, the City requires developers of residential projects
greater than fifty dwelling units to dedicate land based upon five acres of usable parkland
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29
per one thousand residents or pay in lieu fees. The ultimate project buildout will house an
estimated 1,132.5 people based upon a generation of 2.83 persons per unit. The
proposed project will create a 3,380-foot long by 20-foot wide multi-use public trail. This is
the equivalent of 1,55-acres of created parkland. However, the City of Temecula
ordinance does not allow for the creation of trails to satisfy Quimby requirements, The
project will also develop private play areas and private recreational facilities. The City has
the discretion to allow qualified recreational facilities to fulfill up to half of the Quimby
acreage requirements. The proposed project will be required to create or pay in lieu fees
for a total of 5.66-acres of parkland. These fees are mandatory and no additional
mitigation is required.
The proposed project will be required to pay development impact fees.
mandatory requirement of the City to mitigate impact to public facilities.
mitigation is required.
This is a
No further
12. UTILITIES AND SERVICE SYSTEMS. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and Supporting information Sources Impact Incorporated Impact Impact
a. Exceed wastewater treatment requirements of the X
applicable Regional Water Quality Control Board?
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of X
existing facilities, the construction of which could
cause significant environmental effects?
c. Require or result in the construction of new storm
water drainage facilities or expansion of existing X
facilities, the construction of which could cause
significant environmental effects?
d. Have sufficient water supplies available to serve the
project from existing entitlements and resources, or X
are new or expanded entitlements needed?
e. Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the X
project's projected demand in addition to the
provider's existin~l commitments?
f. Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste X
disposal needs?
g. Comply with federal, state, and local statutes and X
re~lulations related to solid waste?
Comments:
The proposed project will deliver wastewater to the regional treatment wastewater
reclamation plant in Temecula. The facility is operated by the Eastern Municipal Water
District (EMWD) and it has capacity to meet the demand from the proposed project within
its authorized treatment capacity. This facility operates within its waste discharge
R:XD P~2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
30
b
d
e
g
requirements. Therefore, the proposed project is not forecast to cause a violation of
wastewater treatment requirements, either directly or indirectly.
According to the GPEIR, adequate capacity exists within the EMWD water supply and
wastewater treatment systems to provide water and wastewater capacity for the proposed
project. This conclusion is also supported by urban water master plan adopted by the
EMWD.
The site currently drains via sheetflow into Temecula Creek. The proposed project would
increase runoff as a result of increasing the impervious surface on the project site.
Currently approximately 60 cubic feet per second of flows are created by storm events;
after construction of the proposed project storm events would create flows of 80 cubic feet
per second. The project will incorporate depressed landscaped areas or other means
located at each sub area to prevent siltation downstream. The drainage analysis for the
project site outlines the detailed information regarding existing and future storm water
runoff.
Adequate water supplies have been identified by the EMWD to meet the City of
Temecula's current and immediate future demands, including the proposed project. See
also 12.b above.
Adequate wastewater treatment capacity has been identified by the EMWD to meet the
City of Temecula's current and immediate future demands, including the proposed project.
See also 12.b above.
According to the General Plan and the County Solid Waste Management Plan adequate
landfill disposal capacity exists within the regional landfills to meet current and future
demands. Solid waste mitigation measures identified in the GPEIR (Measures 2 and 3)
must be implemented by all projects in the City to meet the City's source reduction
requirements.
By participating in the City's source reduction and recycling element, the proposed project
will comply with all statutes and regulations for management of solid waste. The proposed
commercial and residential project does not pose any significant or unique management
requirements.
Regarding energy supplies to the project and region, the City of Temecula's General Plan
identified adequate capacity for energy systems. Since this document was adopted
electric and natural gas utilities have been deregulated and short-term shortages in
electricity and natural gas will be experienced until new electrical generation and natural
gas production have been installed and are in operation. This impact is not considered a
significant adverse impact at the level of individual urban developments, because
adequate capacity is available but at a higher costs than have occurred in the past, i.e.,
the commercial systems are functioning but at a much higher cost that forecast. The
energy availability issue will cause short-term inconvenience during the higher electricity
and natural gas consumption periods, specifically on the hottest summer days when air
conditioning loads are the greatest or during the winter on cold days.
The City has adopted building codes that require implementation of energy conservation
measures for new development. Implementation of these design and construction
standards are considered adequate compliance with energy conservation goals and
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31
policies. The additional energy demand resulting from the project would normally be
considered a less than significant impact. However, as noted above recent shortages in
generation capacity may require the new residents to pay higher costs for electricity or to
accept short-term rolling black outs in response to excessive short-term demand. These
limitations will be resolved as new generating capacity is brought on line over the next few
years. This short-term electricity constraint is not considered to be a significant adverse
impact, particularly since the new structures will be constructed with an awareness of
these constraints.
13. AESTHETICS. Would the project:
Potectial[y
Potentially Significant Less Than
Significant Unless Mitigation Significant No
Issues and Supporting Information Sources Impact Incorporated Impact Impact
a. Have a substantial adverse effect on a scenic vista? X
b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcropping, and X
historic building within a state scenic highway?
c. Substantially degrade the existing visual character or X
quality of the site and its surroundings?
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views X
in the area?
Comments:
a
The proposed project is in an undeveloped area along the SH 79 urban corridor. No
scenic vistas have been identified or will be adversely impacted at the project location from
developing the proposed project based on the surrounding land uses, which are consistent
with that proposed by this project.
b
No major rock outcroppings or historic buildings exist on the project site. The project site is
not located on a scenic highway, but it will be required to meet design requirements along
SH 79 to be consistent with existing development. Removal of trees larger than 6-inch
diameter at base height will be required to be mitigated according to the City's Tree
Protection Policy. This is a planning and design issue for which the City has established
design guidelines and no adverse environmental impact or mitigation is required to ensure
that the project conforms with local design guidelines.
The proposed project will be located adjacent to existing single family units to the east of
the project site. Design requirements will be imposed on the proposed project by
application of standards in the Planned Development Overlay District in addition to the
Community Design Element standards and design plan. Based on the City's requirement
to meet these design guidelines, the proposed project has no potential to substantially
degrade the existing visual character of the site and surroundings which is comprised of a
combined urban/suburban visual setting.
d
The proposed project must meet the County's Ordinance 675 requirements for no conflict
with Palomar Observatory. Due to proximity to residential uses, the project has a potential
to create significant Fight and glare impacts onsite or impacting the surrounding area and
uses. Therefore, the following mitigation measure will be implemented.
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32
XlII-1
All commercial and parking lighting within the project area will be directed so that no
light or glare falls off the property boundary (except to the north on SH 79) to the east,
south or west of the commercial portion of the project site.
Implementation of this measure will ensure that no light or glare sensitive areas are
exposed to significant light and glare impacts.
14. CULTURAL RESOURCES. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and Supporting Information Sources Impact incorporated Impact Impact
a. Cause a substantial adverse change in the
significance of a historical resource as defined in X
Section 1506.5?
b. Cause a substantial adverse change in the
significance of an archaeological resource pursuant X
to Section 1506.57
c. Directly or indirectly destroy a unique paleontological X
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred X
outside of formal cemeteries?
Comments:
a
A Phase I cultural resources survey of the project site was conducted by L & L
Environmental Inc. (October 7, 2001 ). As of March 20, 2002, a Phase II cultural resources
survey was being conducted by L & L Environmental to determine the existence and
significance of any subsurface (buried) cultural resources on the project site; this Phase II
report will be completed and submitted to the City of Temecula Planning Department for
review and acceptance prior to the issuance of any grading permits for the project site.
Historic sites present on the site are considered mitigated for by the excavation and
recording that has been conducted as part of this and previous surveys. If the Phase II
report currently being prepared finds any subsurface cultural resources, mitigation and
monitoring recommendations will be provided in the report.
XlV-1
During initial grading and ground disturbance activities, a qualified cultural resources
monitor will be present and will have the authority to stop and redirect ground
disturbance activities to evaluate the significance of any cultural resources exposed.
XIV-2
If any cultural resources are exposed during initial grading and ground disturbance
activities the City will be contacted, and a qualified archaeologist will evaluate the
resources. If discovered resources merit long-term consideration, adequate funding
will be provided to collect, curate and report these resources in accordance with
standard archaeological management requirements.
XlV-3
The qualified cultural resources monitor will issue a second DPR523 site recordation
form for Site CA-RIV-3410 after the completion of site monitoring. The report will
include any additional site features detected during grading.
The cultural resources survey of the project site conducted by L & L Environmental Inc.
indicates that the potential for buried archaeological resources on the project site is high.
With implementation of the mitigation measures in Section XIVa, the potential for
significant cultural resoume impact is reduced to a level of nonsignificance.
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33
The cultural resources survey of the project site conducted by L & L Environmental Inc.
indicates that the potential for buried paleontological resources on the project site is high.
Due to the potential for such resources to occur on the property, the following mitigation
measure will be implemented:
xIv-4
During excavation and hill-side cutting activities, a qualified paleontological monitor will
be present and will have the authority to stop and redirect grading activities to evaluate
the significance of any paleontological resources exposed during the grading activity
within the alignment. If paleontological resources are encountered, adequate funding
will be provided to collect, curate and report on these resources to the ensure the
values inherent in the resources are adequately characterized and preserved.
d
In the unlikely event that human remains are encountered on the project site, the
mitigation measures presented in this section in addition to the following measure will
reduce potential impacts to a less than significant level.
XIV-5
If any human remains are encountered during initial grading activities, all ground
disturbing activities in the vicinity of the discovery will be terminated immediately and
the County Coroner's office will be contacted to manage such remains.
No additional mitigation is required.
15. RECREATION. Would the project:
Potentially
Potentially Significant Less Than
Significant Unless Mitigation Significant NO
Issues and Supporting tnformation Sources Impact Incorporated Impact Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical X
deterioration of the facility would occur or be
accelerated?
b. Does the project include recreational facilities or
require the construction or expansion of recreational X
facilities which might have an adverse physical effect
on the environment?
Comments:
a, b The proposed project includes recreation areas as part of the project including a swimming
pool, club house and play areas. The proposed project will also create a 3,380-foot long
by an 8ofoot wide multi-use public trail. As discussed in Section 11 Public Services, the
City requires developers of residential projects greater than fifty dwelling units to dedicate
land based upon five acres of usable parkland per one thousand residents or pay in lieu
fees. The proposed project will be required to create or pay in lieu fees for a total of 5.66-
acres of parkland. The project is conditioned to comply with north bank of Temecula Creek
trail improvement standards as specified by the City of Temecula Community Services
Department.
Based on the inclusion of these recreational features as part of the proposed project,
existing neighborhood park utilization is not forecast to increase significantly. The
residents of the development are likely to increase demand for regional facilities, such as
baseball diamonds, basketball courts, etc. However, these are managed facilities where
R:XD PX2001\01-0611 Temecula Creek Village\CEQA Initial Study.doc
34
the individual users are typically integrated into existing leagues and the cumulative
demand for such facilities is not forecast to increase substantially from implementing the
proposed project. No significant adverse impact to recreational resources is forecast to
occur from implementing the proposed project.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
Potentially
Potemially Significant Less Than
Significant Un~ess Mitigation Significant No
Issues and Supporling Information Sources Impact Incorporated ~mpact Impact
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal X
community, reduce the number of restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b. Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable X
when viewed in connection with the effects of past
projects, the effects of other current projects, and the
effects of probable future projects?
c. Does the project have environmental effects which
will cause substantial adverse effects on human X
beings, either directly or indirectly?
Comments:
a-c
The Temecula Creek Village Development consists of a 400 unit apartment complex and
123,000 sq. ft. office/retail space that is proposed to be constructed on an infill parcel of
land located on the south side of State Highway 79 immediately east of Jedediah Smith
Road. The proposed project is consistent with the details of the City of Temecula General
Plan and zoning designations as delineated on current land use and zoning maps. It is
also consistent with the concept of Village Center and Planned Development Overlay
presented in the General Plan as a method of integrating multiple uses over a large site
containing more than one land use or zoning designation. For eight of the environmental
issues discussed in this Initial Study Environmental Checklist Form (Land Use and
Planning, Population and Housing, Water, Energy and Mineral Resources, Hazards and
Hazardous Materials, Biological Resource, Utilities and Service Systems, and Recreation)
no potential for significant adverse impact has been identified and no project specific
mitigation, other than standard conditions utilized by the City, will be required.
For the remaining seven issues, project specific mitigation will be required to ensure that
implementation of the proposed project does not cause significant adverse physical
changes in the environment. Specifically, mitigation is identified to control erosion and
sedimentation on the site and to control for possible expansive soils in the Geology and
Soils Section. Mitigation to prevent fugitive dust from impacting adjacent uses during
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35
construction and to address operational emissions is addressed under the Air Quality
Section. The project's traffic is identified as having a potential to adversely impact the
local circulation system and a combination of recently completed improvements and
project specific improvements are required to ensure that the circulation system operates
at acceptable levels of service in the future. The site is identified as having a potential for
significant paleontological, archaeological and historical resources. Mitigation is identified
to reduce the potential impacts to such resources to a nonsignificant level of impact.
Mitigation is also provided to reduce the nuisance noise, from evening/night-time uses on
the project site, to a less than significant level. Under the Public Services section,
mitigation is required as indicated in the General Plan EIR to reduce potential impacts to
reduce potential impacts to fire, police and schools. Finally, mitigation is identified to
control potential commercial lighting impacts on adjacent residential property.
Based on the evaluation contained in this Initial Study, the City proposes to adopt a
Mitigated Negative Declaration as the appropriate environmental determination to comply
with the California Environmental Quality Act (CEQA).
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering,
program EIR, or other CEQA process, one or more effects have been adequately
analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a
discussion should identify the following on attached sheets.
a. Earlier analyses used. Identify earlier analyses and state where they are available for review.
b. Impacts adequately addressed. Identify which affects from the above check list were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on
the earlier analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
a Mitigated Negative Declaration for Planning Applications No. PA99-0261 and PA99-0371
Amendments to the City Zoning Map from Professional Office to Planned Development
Overlay No. 4 (PO-4) and General Plan Amendment to the Circulation Element passed,
approved and adopted on September 26, 2001. Available at the City of Temecula.
City of Temecula General Plan EIR, July 1993; available at the City of Temecula.
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36
Mitigation Monitoring Program:
Site development with be conducted in accordance with the Geotechnical/Geological
Engineering Study recommendations prepared by EnGEN Corporation on May 21,
2001.
The SWPPP prepared for this project will implement BMPs identified in the County's
Drainage Area Management Plan (DAMP). The required performance standard is to
minimize erosion on the site in accordance with DAMP BMPs and to contain all eroded
sediment on the project site.
Upon completion of fine grading of the building pad, near surface samples will be
obtained and tested to verify the preliminary expansion test results.
V-1
The City will require contractors to apply water to the disturbed portions of the project
site at least four times per day. On days where wind speeds are sufficient to transport
fugitive dust beyond the working area boundary, the City will require contractors to
increase watering to the point that fugitive dust no longer leaves the property (typically
a moisture content of 12%), and/or the contractor will terminate grading and loading
operations.
V-2
The project will comply with regional rules such as SCAQMD Rules 403 and 402 which
would assist in reducing short-term air pollutant emissions. Rule 403 requires that
fugitive dust be controlled with best available control measures so that the presence of
such dust does not remain visible in the atmosphere beyond the property line of the
emission source. Rule 402 requires dust suppression techniques to be implemented
to prevent fugitive dust from creating a nuisance offsite. These dust suppression
techniques are summarized below.
Portions of the construction site to remain inactive longer than a period of three
months will be seeded and watered until grass cover is grown or otherwise
stabilized in a manner acceptable to the City.
b. All on-site roads will be paved as soon as feasible or watered periodically or
chemically stabilized.
c. All material transported off-site will be either sufficiently watered or securely
covered to prevent excessive amounts of dust.
The area disturbed by clearing, grading, earth moving, or excavation operations
will be minimized at all times. At no time will 32.6 acres or more of the project site
be under construction simultaneously.
V-3
All material stockpiles subject to wind erosion during construction activities, that will
not be utilized within three days, will be covered with plastic, an alternative cover
deemed equivalent to plastic, or sprayed with a nontoxic chemical stabilizer.
V-4
All vehicles on the construction site will travel at speeds less than 15 miles per hour.
This will be enforced by including this requirement in the construction contract between
the developer and the contracted construction company with penalty clauses for
violation of this speed limit.
R:~D P~001~01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
37
V-5
V-6
V-7
V-8
V-9
V-10
V-11
X-1
X-2
X-3
X-4
X-5
X-6
The contractor will require all vehicles leaving the project site to use a wheel washer to
remove dirt that can be tracked onto adjacent roadways.
Where vehicles leave the construction site and enter adjacent public streets, the
streets will be swept daily or washed down at the end of the work day to remove soil
tracked onto the paved surface.
The contractor will establish a car-pool program for construction employees which will
include incentives with the goal of achieving a 1.5 persons per vehicle ridership for this
construction project.
All engines will be properly operated and maintained. These measures will be
enforced through the monthly submission of certified mechanic's records.
All diesel-powered vehicles and equipment will be operated with the fuel injection
timing retarded 2 degrees from the manufacturer's recommendation and use high
pressure injectors.
All diesel-powered vehicles will be turned off when not in use for more than 30 minutes
and gasoline - powered equipment will be turned off when not in use for more than five
minutes.
The construction contractor will utilize electric or natural gas powered equipment in lieu
of gasoline or diesel powered engines, where feasible and where economically
competitive.
A minimum 6.5 foot high above pad elevation wall barrier will be constructed ah the
first floor patio areas for apartments facing SH 79. Where applicable, the barriers
should wrap around the ends of the patio areas to prevent flanking of noise into the
site. Barrier construction materials will comply with the standards presented in the
Noise Study prepared by Urban Crossroads for the project.
During construction, vehicle staging areas and stockpiling will be located as far as is
practicable from existing residential dwellings.
The applicant will require that construction activities be limited to no more than the
hours of 6:30 a.m. to 6:30 p.m. Monday through Friday and 7:00 a.m. 6:30 p.m. on
Saturdays per City Noise Control Ordinance Section 8.32.020.
The applicant will respond to any noise complaints received for this project by
measuring noise levels at the affected receptor. If the noise level exceeds an Ldn of
65 dBA exterior or an Ldn of 45 dBA interior at the receptor, the applicant will
implement adequate measures to reduce noise levels to the greatest extent feasible.
The applicant will require that all construction equipment be operated with mandated
noise control equipment (mufflers or silencers). Enforcement will be accomplished by
random field inspections by applicant personnel during construction activities.
In addition to ensuring compliance with the City of Temecula General Plan, noise
ordinances, and other applicable regulations, the City will require noise standards
specific to each business in the proposed development, that operates in the evening (7
R:~D PX2001\01-0611 TcmecuIa Creek Village\CEQA Initial Study.doc
38
XIV-1
XIV-2
XIV-3
XIV-4
XIV-5
p.m. to 10:00 p.m.) and night-time hours (10:00 p.m. to 7:00 a.m.), as a component of
a Conditional Use Permit. These noise standards will ensure that noise levels at the
nearest residences do not exceed 50 dBA at the exterior wall facing the commercial
area, or is below the background noise level.
All commercial and parking lighting within the project area will be directed so that no
light or glare falls off the property boundary (except to the north on SH 79) to the east,
south or west of the commercial portion of the project site.
During initial grading and ground disturbance activities, a qualified cultural resources
monitor will be present and will have the authority to stop and redirect ground
disturbance activities to evaluate the significance of any cultural resources exposed.
If any cultural resources are exposed during initial grading and ground disturbance
activities the City will be contacted, and a qualified archaeologist will evaluate the
resources. If discovered resources merit long-term consideration, adequate funding
will be provided to collect, curate and report these resources in accordance with
standard archaeological management requirements.
The qualified cultural resources monitor will issue a second DPR523 site recordation
form for Site CA-RIV~3410 after the completion of site monitoring. The report will
include any additional site features detected during grading.
During excavation and hill-side cutting activities, a qualified paleontological monitor will
be present and will have the authority to stop and redirect grading activities to evaluate
the significance of any paleontological resources exposed during the grading activity
within the alignment. If paleontological resources are encountered, adequate funding
will be provided to collect, curate and report on these resources to the ensure the
values inherent in the resources are adequately characterized and preserved.
If any human remains are encountered during initial grading activities, all ground
disturbing activities in the vicinity of the discovery will be terminated immediately and
the County Coroner's office will be contacted to manage such remains.
R:~D PX2001\01-0611 Temecula Creek Village\CEQA initial Study.doc
39
SOURCES
1. City of Temecula General Plan
2. City of Temecula General Plan Final Environmental Impact Report
3. South Coast Air Quality Management District CEQA Air Quality Handbook
4. Temecula Creek Village Planned Development Overlay
5. Planning Applications No. PA99-0261 and PA99-0371 Planned Development Overlay
Area No. 4 (PDO-4) and General Plan Amendment to the Circulation Element Initial
Study.
6. San Diego Regional Water Quality Control Board Water Quality Control Plan (Basin Plan)
1997
7. Southern California Association of Governments "Regional Comprehensive Plan and
Guide", 1996
8. Phase I Archaeological Resource Survey and a Paleontological Records Review of the
Temecula Marketplace Project-Temecula, CA. L & L Environmental, Inc. October 7, 2001
9. Temecula Creek Apartment/Retail Development Noise Study. Urban Crossroads, 2001
10. Geotechnical/ Geological Engineering Study Proposed Temecula Creek Village City of
Temecula, EnGEN Corporation, 2001.
11. Fault Investigation, 39-acre site located on Highway 79 east of Jedediah Smith Road, City
of Temecula. Petra Geotechnical, Inc. 2001.
12. Riverside County Flood Control District "Supplement A to the Riverside County Drainage
Area Management Plans, and Attachment to Supplement A", 1996
13. A Habitat Assessment and Tree Survey for APN #961-010-006. L & L Environmental,
Inc., 2001.
14. Preliminary Drainage Study: Temecula Creek Village. Trans-Pacific Consultants, 2001.
15. Temecula Creek Apartment/ Retail Development Trip Generation Comparison/Analysis
and subsequent traffic analysis addendums dated January 4, 2002 and March 12, 2002.
Urban Crossroads, 2001.
16. Temecula Creek Apartment/Retail Development Traffic Signal Warrant Analysis. Urban
Crossroads, November 16, 2001.
17. City of Temecula Public Works Department Memorandum dated February 13, 2002.
18. City of Temecula Community Services Department Memorandum dated December 31,
2001.
19. City of Temecula Community Services Department Memorandum dated February 14,
2002 on desired Trail Improvement Standards along north bank of Temecula Creek.
20. City of Temecula Fire Prevention Bureau Memorandum dated February 3, 2002.
21. City of Temecula Police Department Prevention & Plans Unit Memorandum dated
December 30, 2001 on "Officer and Public Safety" Measures regarding Temecula Creek
Village.
22. Eastern Municipal Water District SAN53-Sewer Will Serve Letter dated March 6, 2002.
23. County of Riverside Department of Environmental Health Letter to Francisco J. Urbina,
City of Temecula Associate Planner dated December 19, 2002.
24. Rancho California Water District Letter on Water Availability dated December 20, 2001.
25. Southern California Gas Company Letter dated January 3, 2002 stating they have no
comments at this time.
26. Temecula Creek Apartment/ Retail Development Noise Study prepared by Urban
Crossroads (November 15, 2001 ),
R:~D PX2001\01-0611 Temecula Creek VilIage\CEQA Initial Study.doc
40
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PROJECT TRAFFIC ANALYIS
&
AGENCY COMMENTS
1 8 ZOOZ ~
By
URBAN
CROSSROADS
Tm~m"~'~a Creek '/~~ Devel~ Inilial SfuW, SR.79/Maln ;~Oje~ i~.tv~
I~ 'rmmc Cmwol
r'l UIEi~
ri ~lIIII
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-RECEIVED
~I~R I 2 ZOOZ'
~ CITY OF TEMECULA
ENGINEERING DEPARTMENT
March 12, 2002
Mr, Ron Finch
MCCOMIC CONSOLIDATED, INC.
9968 H~bert St., Suite 102
..~. San Diego, CA 92131
MAR 1 3 ZOOZ(
,By
Project Driveway Inteme~lon Tmfflc
Dear Mr., Finch:
The firm of Urban Crossroads: Inc. is pleased to submit this memorandum
prepared for the Ternec~la Creek *-*-dine-'''~-!~ - . ~"affic ~tudy
September 24, 2001. ~ .unem, uevmopment dated
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I~ude ~nal U~
If.'you have any question? regarding the analysis presented in this report,
ii!::.- p~ease oo not hesitate to gwe me a call at (949) 660.1994.
Sincerely,
Sate, P.E.
· .. Senior Associate
SS:~
Attachments '
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Irvine, CA 92606
f: g~.660.1911
TRANSPORTATION
PLANNING
TRAVEL DEMAND
.MODELING
DATABASE
DEVELOPMENT
i
TRAFFIC
ENGINEERING
ACOUSTICAL
STUDIES
PARKING STUDIES
TRAFFIC
IMPACT STUDIES
John Kain, AICP
Carleton Waters, RE.
/Lawson, .~CP
Sco~ Sato, P.E.
January 4,2002
8 ZOOZ ~
By
Mr. Ron Finch
MCCOMIC CONSOLIDATED, INC.
9968 Hilbert St., Suite 102
San Diego, CA 92131
RECEIVE~
"* "* ~ ~01]~
SUBJECT:
Temecula Creek
Development Trip
Comparison/Analysis
Apartment/Retail
Generation
Dear Mr. Finch,
INTRODUCTION
The firm of Urban Crossroads, Inc. is pleased to submit this letter
report documenting the previous and proposed trip generation
estimates for the Temecula Creek Apartment/Retail
development. The site is located south of Highway 79 between
Jedediah Smith Road and Avenida De Missiones in the City of
Temecula.
The previous land use alternative (included in the February 29,
2000 traffic study) consisted of 400 apartment dwelling units,
30,000 square feet of office use, and 93,000 square feet of
commercial retail use. Based on these land use estimates,
approximately 10,260 trips per day are expected with 414 trips
occurring during the AM peak hour and 985 trips occurring during
'the PM peak hour.
A supplemental analysis conducted in August 2000, concluded
that if the project site were to be developed with 646,866 square
feel of office uses and 65,341 square feet of support retail, a total
of 10,775 daily vehicle trips would be generated with 945 trip
occurring during the AM peak hour and 1,275 trips occurring'
during the PM peak hour. Based on this land use proposal,
approximately 495 fewer daily trips, 531 fewer AM peak hour
trips, and 290 fewer PM peak hour trips are expected to occur in
comparison to the February 2000 traffic study.
TRIP GENERATION ANALYSIS
Based on comments provided by City staff, the trip generation for
a 15,000 square foot day care center was requested. Table 1
Mr. Ron Finch
MCCOMIC CONSOLIDATED, INC.
Januar7 4, 2002
Page 2
indicates the rates from the Institute of Transportation Engineers (ITE), 1997 edition for
this use. Trip rates are also presented for a similar amount of commercial retail uses.
Table 2 shows a comparison of trips generated by a day care and a commercial retail
development of the same size. As indicated in Table 2, a commercial retail
development of the same size would generate approximately 824 more trips per day,
but 139 fewer trips during the AM .peak hour, and 19 fewer trips during the PM peak
hour.
If a 15,000 square food day care center is currently being proposed, and will replace a
similar amount of commercial retail use, peak hour trips at the study area intersections
will increase slightly.
If you have any questions regarding the analysis presented in this report, please do not
hesitate to give me a call at (949.) 660-1994.
Sincerely,
Scott Sato, P.f
00380-07
SS:jr
Attachments
TABLE 1
TRIP GENERATION RATES~
LAND USE
ay Care Center
ommercial Retail
ITE I I PEAKAM HOUR TRIP RATESpM
CODE QUANTIT UNITSz IN OUT IN OUT DALLY RATE
820 15 TSF 2.10 1.34 5.74 6.22 134.19
Source; ITE (Institute ol*Transportation Engineers) Tdp Generation Manual, 6th Edition, 1997.
TSF = thousand square feet
UAUcJobstOO380~excel~[OO380*OS.xts]FJnalTGrams
TABLE 2
TRIP GENERATION SUMMARY
LAND USE
Da}, Care Center
Commercial Retail
Difference
/
15I TSF 32 20 86 93 2,013
' I I 69 I 70 I 7 I 12 I -824
~ TSF = thousend square feet
DU = Dwelling Units
STU = Students
z Nora = Nominal
U:\UcJobs~00380\excel\[00380-05.xls) FinalTGra[es
41
John Kaj~
November 16, 2001
RECEIVED
NOV l g ZO01
Mr. Ron Finch MDMG, INC.
MCCOMIC CONSOLIDATED, INC. ~ r~ ~ r~ fl
9968 .H. ilbert St., Suite 102
San Dwegll CA g2131
SUBJECT. Temecula Creek Apartme~,~[a~;
Development Traffic Signal Warrant
Analysis
Dear Mr. Finch,
INTRODUCTION
The firm of Urban Crossroads, Inc. is pleased to submit this letter
report presenting the findings for the traffic signal wanant analysis
conducted for the main ,entrance of the traffic signal warrant
analysis of the Temecula Creek Apartment/Retail development.
This site is located south of Highway 79 between Jedediah Smith
Road and Avenida De Missiones in the City of Temecula. The
proposed site will include a 400 dwelling unit apartment comPlex.
and 123,000 square feet of commemial retail/office uses. The
determination of whether a traffic signal is required at the project
driveway is based on the anticipated traffic volumes for Opening
Year with project conditions. Therefore, this letter report
describes the anticipated traffic due to the proposed project and
the expected traffic due to ambient growth (including cumulative
projects).
TRIP GENERATION
Trip generation of this site was derived using rates from the
Institute of Transportation Engineers (ITE), 1997 edition as shown
in Table 1. Table 2 shows that this project would generate a daily
total of 8,716 vehicular trips with 386 trips occurring during the AM
peak hour and 864 trips occurring during the PM peak hour.
TRIP DISTRIBUTION
Tdp distribution represents the directional orientation of traffic to and
from the project site. Trip distribution is heavily influenced by the
Mr. Ron Filch
MCCOMIC CONSOLIDATED, INc
November 16, 2001
Page 2
geographical location of the site, the location of residential, commercial, employment and
recreational opportunities and the proximity to the regional freeway system. The
directional orientation of traffic was determined by evaluating existing and proposed land
uses and highways within the community and existing traffic volumes. The trip distribution
pattem for the proposed project is graphically depicted on Exhibit A.
TRIP ASSIGNMENT
The assignment of traffic from the site to the adjoining roadway system has been based.
upon the site's hip generation, trip distribution, proposed arterial highway and local street
systems. Based on the identified project traffic generation and distribution, project related
Average Daily Traffic (ADT) volumes are shown on Exhibit B.
To assess Opening Year traffic conditions, project traffic is combined with existing traffic,
other development and amawide growth. The study year (Opening Year) for analysis
purposes in this report is 2004. Year 2004 traffic volumes have bean calculated based on
a 2.0 percent annual growth rate of existing traffic volumes over a 3 year period for the
Year 2001 traffic data. The areawide growth rate has bean provided by the City of
Temecula staff.
WARRANT ANALYSIS RESULTS
For Opening ~Year with project traffic conditions, a.traffic signal is projected to be warranted
at the intersection of the main project entrance and SR-79. Appendix 'A" contains the
planning-level traffic signal warrants for this location.
.......... Urban Crossroads, Inc. recommends the installation of a traffic signal at the site
entrance and Winchester Road in conjunction with developmenL The results of the
signal warrant indicated that the intersection of Winchester Road and the main project
entrance meet the minimum warrants for a traffic signal.
If you have any questions regarding the analysis presented in this report, please do not
hesitate to give me~~91.660-1994.
00380-04
SS:ko
Attachments
Exhibit C shows the ADT volumes which can be expected for Opening Year with project
· traffic conditions.
TABLE 1
TRIP GENERATION RATES
PEAK HOUR
AM PM
UNITS~
IN I OUT IN I OUT DAILY
LAND USE
Apartments ' DU 0.08 0.43 0.42 0.20 6.63
Commercial Retail (93 TSFI TSF 1.00 0.64 3.09 3.35 69.96
Office (30 TSF) TSF 2.10 0.29 0.64 3.12 17.55
~ DU = Dwelling Units
TSF = Thousand Square Feet
2 Source: Institute of Transportation Engineers (ITL), Tdp Generation, Sixth Edition, 1997, Land
Use Categories 220, 710 and 820.
U:~UcJobs~OO380~excel~OO380-O4.xls]T 4-2
TABLE 2
PROJECT TRIP GENERATION
PEAK HOUR
AM PM
LAND USE QUANTITY UNITS~ IN I OUT IN I OUT DAILY
~,partment 400 DU 32 172 168 80 2,652
Commercial Retail (93 TSF) 93.0 TSF 93 60 287 312 6,506
Dffice (30 TSF) 30.0 TSF 63 9 19 94 527
Subtotal I I I 188 I 241 I 474 I 486 I 9,685
Internal Capture (10%) I I I -19 I -24 I -47 I -49 I -969
rota~ I I I 1691 217 I 427 I 437 I 8,716
~ DU = Dwelling Units
TSF = Thousand Square Feet
U:~UcJobstOO380~xce6[O0380~4 ~ds]T 4-2
EXHIBITA
PROJECT TRIP DISTRIBUTION
LEGEND:
10 - PERCENT TO/FROM
TEMECULA CREEK APARTMENT/RETAIL, Temegula, California - 00380'24
EXHIBIT 8
PROJECi' AVERAGE DAILY TRAFFIC (Ap_~)
MAIN PRO.IEC'T
SITE
OVERLAND
LEGEND:
28.7- VEHICLES PER DAY (1000'5)
TEMECULA CREEK APARTM E~emecula, Cardomia - 00380:10
EXHIBIT C
OPENING YEAR WITH PROJECT
AVERAGE DAILY TRAFFIC (ADT)
MAIN PROJECT
DRIVEWAY
SITE
OVERLAND'
LEGEND:
28.7 - VEHICLES PER DAY (1000'5)
TEMECULA CREEK APARTMENT/RETAIL, Temecula, CalJfomia - 0n'~ _mi_
TRAFFIC SIGNAL WARRANTS
(Based on Estimated Average Daily T~.~c-See Note 2)
Major St SR-79 (S) Minor St: Project Entrance Year =
Volume = 46,800 Lanes= 3 Volume = 2,500 Lanes-- I (one-way)
URBAN RURAL XX Minimum Requirements
EADT
1. Minimum Vehicular Vehicles per day Vehicles per day
on major street ~)n higher volume
Satisfied Not Satisfied (both approaches) minor-street approach
XX one direction only)
Number of lanes for moving
traffic on each approach,
Major Street Minor Street Urban Rural Urban Rural
1 1 8.000 5,600 2.400 1,680
2+ 46,800 1 2,500 9,600 6,720 * 2,400 1,680 *
2 + 2 + 9,600 6,720 3,200 2~40
1 2 + 8,000 5,600 3,200 2,240
2. Interruption of Continuous Vehicles per day Vehicles per day
traffic on major street :)n higher volume
Satisfied Not Satisfied (both approaches) minor-street approach
XX one direction only)
Number of lanes for moving
traffic on each approach.
Major Street Minor Street Urban Rural Urban Rural
1 1 12,000 8,400 1,200 850
2+ 46,800 1 2,500 14,400 10,080 * 1,200 850 *
2 + 2 + 14,000 10,080 1,600 1,120
1 2 + 12,000 8,400 1,600 1,120
3. Combination
2 Warrants 2 Warrants
Satisfied Not Satisfied
No one warrant satisfied
but following warrants
fulfilled 80% or more..
100% 100%
1 2
2004VVP
NOTES: 1. Heavier left turn movement from the major street may be included
with minor street volume ifa separate signal phase is to be
provided for the leff-tum movement.
2. To be used only for NEW INTERSECTIONS or other locations where
actual traffic volumes cannot be counted,
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Francisco Urbina, Associate Planner
Annie Bostre-Le, Assistant Engineer
February 13, 2002
Tentative Pamel Map No. 30468
Temecula Creek Village
2~ submittal
Please
a)
The Tentative Parcel Map dated January 25, 2002 has not address the following items that are
shown in bold and italicize. Please have the applicant revise the site plan and conceptual grading
plan, prior to .our setting the Conditions of Approval for the above project.
Revise the Tentative Parcel Map to show the following:
~vuth
........ on
Show reciprocal ingress/egress easement
submit the following documents:
Drainage analysis
General comments:
10) Constance "A '~ has been identified as an uncontrolled full access driveway in the TIA.
This access should be restricted to right-in, right-out unless it can be clearly
demonstrated that a full access driveway is needed. In the event that a full access
driveway is necessary at Constance 'A '; the intersection must be signalized by the
applicant. The proposed project on the south side of State Route 79 South must also
be included in determining the need for a traffic signal at Constance "A ".
This project may be conditioned for the following:
11) Improve Jedediah Smith Road with a curb to curb dimension of 56 feet, installation of
sidewalk, street lights and drainage facilities
12) Improve Highway 79 South to include sidewalk, and street lights along property frontage
13) Install a traffic signal at the intersection of Highway 79 South and Jedediah Smith Road
14) All proposed driveway Openings shall be restricted to Right In/Right Out with exception of the
intersection of Jedediah Smith Road and Highway 79 South.
15) The adequacy of the capacity of existing downstream drainage facilities shall be verified.
Any upgrading or upsizing of those facilities shall be provided as part of the development of
this project.
16) Reciprocal ingress and egress easement and reciprocal parking agreement between
proposed parcels for Tentative Parcel Map No. 30468.
17) The Applicant shall pay all prevailing fees, i.e. Development Impact fee.
By
OF TEM CU
COM U.n SERV,C S D P^R .T
MEMORANDUM
TO:
FROM:
DATE:
Francisco Urbina, Associate Planner
Cathy McCarthy, Development Services Administrator .~~
December 31,2001
SUBJECT: PA 01-0610 Mixed Use on Highway 79 South and Jededia Smith Road (also see
PA 01-0020)
The TCSD has reviewed the Development Plan for the aforementioned project and provides the
following comments:
General Comments:
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debds. Only the City's franchisee may haul construction debris.
Installation of the landscape improvements within the medians shall commence pursuant to
a pre-job meeting with the TCSD Maintenance Superintendent and mon tored in accordance
with the TCSD inspection process.
4.
5.
6.
The developer, the developer's successors or assignee, shall be responsible for all
landscaping maintenance until such time as maintenance duties are accepted by the TCSD.
A multi-use trail will be constructed by the~leveloper with a combination hard and soft
surface. Location, specifications and standards to be approved by TCSD.
What buffedng will be between the trail and the apartment?
Ail perimeter walls, entry monumentation, parkways, landscaping, pedestrian accesses,
trails, private recreational amenities and open space shall be maintained by the property
owner or a pdvate maintenance association.
7. Will there be any children's play areas or tot lots?
8. Private recreational facilities floor plans need to be submitted.
Prior to Final Map:
9. Prior to recordation of final map landscape plans for the proposed raised medians shall be
reviewed and approved by the Director of Community Services.
10. Pdor to recordation of final map the developer shall enter into an improvement agreement
and post securities for the landscaped median on Highway 79 South.
R:~SMITHBICONDITIONS~:~MMENTStPA01~iO MIXED USE 7~S & J SMITH. DOC 1/4/02
11. Obtain an agreement with Caltrans that addresses the maintenance of the raised
landscaped median on Highway 79 South.
12. The developer shall satisfy the City's park land dedication requirement through the payment
of in-lieu fees equal to 4.86 acres of park land, based upon the City's then current appraised
park land valuation. (2.43 X 400 units X .005 = 4.86 acres.) Said requirements may receive
a credit up to fifty percent (50%) as allowed in Section 16.33.160 in the Temecula
Subdivision Ordinance.
Prior to Issuance of Buildin,q Permits
13. Pdor to the first building permit or installation of the arterial street lighting, whichever comes
first, the developer shall complete the TCSD application process and pay the appropriate
energy fees related to the transfer of street lighting into the TCSD maintenance program. '
Prior to Certification of Occupancy:
14. The landscape improvements within the raised landscape medians shall be completed to
TCSD standards including the 90 day maintenance pedod.
R:tSMITHBICONDITIONS-COMMENTS~PA01.0610 MIXED USE 79S & J SMITH. DOC I/4/02
CITY OF TEMECULA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Francisco Urbina, Associate Planner
Cathy McCarthy, Development Services Administrator,,/
February 14, 2002 ·
PA 01,0610 Mixed Use on Highway 79 South and Jedediah Smith Road (also
see PA 01-0020)
The TCSD has reviewed the resubmittal of the Development Plan for the aforementioned project
and. provides the following comments in addition to the previously submitted comments on
memorandum dated December 31, 2001.
1. The developer shall provide adequate space for a recycling bin within the trash enclosure
areas.
A multi-use trail will be constructed by the developer with a combination hard and soft
surface, as per the adopted Multi-Use Trails and Bikeways Master Plan. Location,
specifications and standards to be approved by TCSD. (See the attached trails cross
section.)
3. The developer shall satisfy the City's parkland dedication (based on 400 multi.family units)
requirement through the payment of in-lieu fees equivalent to 2.43 acres of parkland, based
upon the City's then currant land evaluation. Said requirement includes a 50% credit for
private recreational opportunities provided on-site and shall be pro-rated at a per dwelling
........ qnit cos~ pdor to the issuance of each building permit requested.
R:tSMITHBiCONDITIONS-COMMENTStPA01.0~ iO MIXED USE 79S & J SMITH 2-02.DOC 2/14/02
Mul'd-UseTrails and Bikeways IVlaster.Plan ~
TRAIL
City of Temecula Multi-use
TYPES
Trails and Bikeways Master Plan
Separated path Multi-Use Trail ~L~
Pest&Rag
Note: Skates and other small-wheeled uses not advised unless surface is concrete or asphalt
CITY OF TEMECULA , FIRE PREVENTION BUREAU
43200 Bus,ness Park Drive · Temecula, CA ~. 92590 · Telephone (909)694-640~ · fax (909)~06-$169
2;
=
,4.
o
(February 3, 2002)
PA01-0611 Temecula Creek Villages
Fire Prevention
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.
· 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
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commemial buildings per CFC Appendix III.A, Table A-III-A-I. The
developer shall provide for this project, a water system capable of delivering 2250 GPM
at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM
for a total fire flow of 3100 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. (CFC 903.2,
Appendix Ill-A) '
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix Ill-B, Table A-III-B-I. A minimum (based on the greatest hazard building)of 3
hydrants, in a combination of on-site and off-site (6"x 4" x 2-2 1/2" outlets) on a looped
system shall be located on fire access roads and adjacent to public streets. Hydrants
shall be spaced at 400 feet apart, at each intersection 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. (CFC 903.2 903.4.2,
and Appendix Ill-B).
As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-Site fire hydrants and mains capable of supplying
the required fire flow shall be provided. For this project on site fire hydrants are
required. (CFC 903.2)
Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any
cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord
16.O3.O2O)
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
P:~PLANNING\Coa devpl~.0Ol~A01-0611 Temecula Creek Villages - FIRE :- Conditions of Approval. DOC
Pdor 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 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
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 80,000 lbs. GVW with a minimum AC thickness of
.25 feet. ( CFC sec 902)
10.
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. (CFC 902.2.2.1)
The gradient for a fim apparatus access roads shall not exceed fifteen (15) percent.
(CFC 902.2.2.6Ord. 99-14) J
11. 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 tumareund capable of
accommodating fire apparatus. (CFC 902.2.2.4)
12. Prior to building construction, this development shall have two (2) points of access, via
all-weather surface reads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
13. 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. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
14. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
15. Prior to issuance of a Certificate of oCCupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6)
inch high letters and/or numbers on both the front and rear doors. Single family
residences and multi-family residential units shall have four (4) inch letters and /or
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
· 16. 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 ccmpiex shall have an illuminated diagrammatic layout of the
complex which indicat'es the name of the complex, all streets, building identification, unit
P:~LANNING\Coa devpl~2001~A01-0611 Temecula Creek Villages - FIRE - conditions of Approval.DOC
17.
18.
19.
20.
21.
23.
24.
25.
26.
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 pdor
to installation. '
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. (CFC Article 10, CBC Chapter 9)
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 pdor to installation.
(CFC Article 10)
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. (CFC 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 fire fighting personnel. (CFC 902.4)
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane
painting and or signs,
Prior to the building final, speculative buildings capable of housing high-piled
combustible stock, shall be designed with the following fire protection and life safety
features: an automatic fire sprinkler system(s) designed for a specific commodity class
and storage arrangement, hose 'stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads. Buildings housing
high-piled combustible stock shall comply with the provisions California Fire Code Article
81 and all applicable National Fire Protection Association standards. (CFC Article 81)
Prior to the issuance of a Certificate of Occupancy or building final, the
developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other
hazardous materials from both the County Health department and Fire Prevention
Bureau.(CFC 7901.3 and 8001.3)
~Conditions
Prior to issuance of building permits, fuel modification plans shall be submitted to the
Fire Prevention Bureau for review and approval for all open space areas adjacent to the
wildland-vegetation interface. (CFC Appendix II-A)
Pdor to issuance of building permits, plans for structural protection from vegetation fires
shall be submitted to the Fire Prevention Bureau for review and approval. The measures
shall include, but are not limited to, enclosing eaves, noncombustible barders (cement or
block walls), and fuel modification zones. (CFC Appendix II-A)
P:~PLANNING\Coa devplL2001~PA01-0611 Temecula Creek Villages - FIRE - Conditions of Approval.DOC
27.
28.
30,
Prior to building permit issuance, a full technical report may be required to be submitted
and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire
and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C.
P~ior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire
prevention for ,~pproval.
The applicant shall comply with the requirements of the Fire Code permit process a'nd
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105)
The applicant shall submit for review and approval by the Riverside County Department
of Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports. (CFC Appendix II-E)
P:~PLANNING\Coa devpl~001~A01-0611 Temecula Creek Villages - FIRE - Conditions of Approval.DOC
CXTY OF T~MECULA
TEMECULA POLICE DEPARTMENT PREVENTION & PIJ~NS UNIT
DE LOP NT (T ecula Creek Village)
Dec~ 30, 200~
Developmgnt ~1~ (T~ecu~a Creek village) (PA01-0611)
Francisco J. Urbina
~he following comments are Sl~qtted by C. he Temecula Poi/ce Depart~ent with regards to ~Officer and
Public Safety,- measures regard/rig Chis project.
1. Developers will ensure all hedging and shrubbery surrounding all retail/office areas and
residentlal units within the scope of this project be malntain~d at a height no greate~ tha~
thirty-six (36} inches and below all windowsills of each building/unit.
2. Developers will further ensure that all trees plan=ed within close proximity of all buildings be
kept at a safe distance so as to deter roof accessibility b~ would-be burglars.
3. All parking lots, ~riveways, and ~destrian walkways shall be illuminated with a mlnimu~
)maintained one (1) foot-candle of light at ground level, evenly dispersed, eliminating
s~adows. A/1 exterior lighting fixtures shall he vandal resistant. Photocells, t/mere or other
mans to prevent deactivation by unau~hori=ed persons shall control all exterior lighting. All
lighting should be energy saving and m~nimized in the early morning hours and in compliance with
Callfornia State Law on energ~ saving lightlng.
4. All ext~ior doors shall have their own vandal resistant light fixtures installed above. The
door~ shall be illuminated w~th a minimum one (1) foot candle of light at ground level, evenly
dispersed. 'A~i ~terior lighting fixcu=es ~hall conform to the d~cor of the exterior building.
5. Any public telephones located on the exterior of any buildings shall be pla=ed in a we~l-lighted,
....... highly visible.area, and ins=all, with a "Call-O~ Only" feature =o deter loitering. This
feature is not rec~uired on public telephones located in the £nterior of the buildings.
commercial or inet~tutional grade.
7. Any banking o= financial institut/on located on =he praises of ~his project shall provide the
of operations, n~uaber of antry/exlt points, number of cameras and their loca~/ons, drive-up
se~vic~ windows, a copy of the interior blue-print of the facility, name, telephone number and
address of custodial services and all information pertaining to the alarm company.
8. Any ga~ed areas of this project {both business o= residentlal), shall install a standard gate code
box at the entry gate with the stande=d ~,,~als ! through 0 including ~he * end 9 signs. The
~olice depar~ent will provide the en~ code to be installed prior ~o activa~ion and use of the
9. Day-care center sba11 have a ~/nim~m 6-fcc= fencing surrounding the ennire complex including the
).A~y graffiti painted o= marked u~n any building within Ch~ project sha~l be r~moved or pain=ed
over within twenty-four (24) hours of being ~/scovered.
~l. Provide building address on roof-~op by chalking out a grid 9" on center and a heig~ of
painting ~mer&ls ~ith e stand~rd 9~' paint roller using florescent yellow paint on normal build~up
F~O~ : IrRX NO. : c. :38 2(~)! (~)~::36(:1/q P:)
roofs, slngle 9" width be=ween numerals. Address shal~ be parallel to and facing the primary
street.
13. SCreet add=ess shall be posted in a visible location, minimum 12 inches in height, on the street
side of ~he building wi~h a contrasting background.
14.Upon completion of ~he inter, or of all commercial/r~tail/office buildings, a monitored alarm
$¥s~ shall be installed and monitored 24-hours a day by a designated private alarm company, to
noti£y tho ~olice department of any intrusion.
Lynn N. ~anene Sr.
Crime Prevention & Plans Officer
, )
Board of Director~
President
Rodger D. Siems
IGce President
RichaM R. Hall
Marion V. Ashley
Randy A. Record
David J. Slawson
Board Secretary
Ma~ C. White
General Manager
Anthony J. Pack
Director of the
~etro~olltan Water
Di~trlct of $o. Calif.
Marion V. Ashley
Joseph J. Ku~bler, CPA
Legal Counsel
Redwine and Sherrill
WATER DISTRIC
March 6, 2002
Francisco J. Urbina
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Dear Colleague:
Re:
SAN53- Sewer Will Serve
PA01-0611, located at the southeast comer'of Highway 79 South
and Jedediah Smith Road
EMWD is willing to provide sewer service to the subject project. The provisions
of service are contingent upon the developer completing the necessary
arrangements in accordance with EMWD rules and regulations. EMWD expects
the developer to provide proper notification when a water demand assessment is
required pursuant to Senate Bill 221 and/or 610. EMVVD expects the developer
to coordinate with the approving agency for the proper notification. Further
arrangements for service from EMWD may also include plan check, facility
construction inspection, jurisdictional annexation, and payment of financial
participation charges. The developer is advised to contact EMWD's New
Business Development Department early in the entitlement process to determine
the necessary arrangements for service.
EMWD's ability to serve is subject to limiting conditions, such as water shortages,
regulatory requirements, legal issues, or conditions beyond EMWD's control.
Thank you for your cooperation in serving our mutual customers. If you have any
questions, please cell me at (909) 928-3777, ext. 4468.
Sincerely,
Corey FgWallaco
Civil Engineering Associate II
New Business Development Dept.
CFW/jw
Mailing ~lddress:
G:~access~new_busi~lad~orms~WSWillServe.doc
Post Office Box 8300 Perris, CA 92572-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177
Location: 2270 Trumble Road Perris, CA 92570 Internet: www. ernwd,org
g COUNTY OF RIVERSIDE · HEALTh, SERVICES AGENCY
DEPARTMENT OF ENVIRONMENTAL HEA :
December 19, 2001
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
DEL' £ 02001
ATTN: Francisco J. Urbina
RE: TENTATIVE PARCEL MAP NO. 30468:
RIVERSIDE, STATE OF CALIFORNIA.
(14 LOTS)
Dear Gentlemen:
CITY OF TEMECULA, COUNTY OF
Thc Department of Environmental Health has reviewed Tentative Parcel Map No. 30468 and
recommends:
A water system shall be installed according to plans and specifications as approved by the wate'
company and the Environmental Health Department. Permanent prints of the plans of the watl
system shall be submitted in triplicate, with a minimum scale not less than one-inch equal's 200
feet, along with the original clmwing to the City of Temecula. The prints shall show the internal
pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the
main at the junction of the new system to the existing system. The plans shall comply in all
respects with Div. 5, Part 1, and Chapter 7 of the California Health and Safety Code, California
Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities
Commission of the State of California, when applicable. The plans shall be signed by a registered
engineer and water company with the following certification: "I certify that the design of the water
system in Tentative Parcel Map No. 30468 is in accordance with the water system expansion plans
of the Rancho California Water District and that the water services, storage,'and distribution system
will be adequate to provide water service to such Parcel Map". This certification docs not
constitute a guarantee that it will supply water to such Parcel Map at any specific quantities, flows
or pressures for fire protection or any other purpose. This certification shall be signed by a
responsible official of the water company. The plans must be submitted to the City. of Temecula's
Office to review at least TWO MrEEKS PRIOR to the request for the recordation of the final map.
This subdivision has a statement from Rancho California Water District agreeing to serve domestic
water to each and every lot in the subdivision on demand providing satisfactory financl;.'
arrangements are completed with'the subdivider. It will be necessary for financial arrangements to
be made PRIOR to the recordation of the final map.
Local Enforcement Agency · RO. Box 1280. Riverside. CA 92502-I280 · 1909) 955-8982 · FAX [909) 781-9653 · ~0S0 Lemon Street. 9th Floor. Riverside.
C.~3t af T~aecula Plaunin~ De~t.
ff COUNTY OF RIVERSIDE · HEALTh SERVICES AGENCY
'5.
Th/s subdivision is within the Eastern Municipal Water District and shall be connected to the
sewers of the District.. The sewer system shall be installed according to plans and specifications as
approved by the District, the City of Temecula and the Environmental Health Department.
Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the
original drawing, to the City of Temecula. The prints shall show the intemal pipe diameter,
location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at
the junction of the new system to the existing system. A single plat indicating location of sewer
lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed
by a registered engineer and the sewer district with the following certification: "I certify that the
design of the sewer system in Tentative Parcel Map No. 30468 is in accordance with the sewer
system expansion plans of the Eastern Municipal Water District and that the waste disposal system
is adequate at this time to treat the anticipated wastes from the proposed Parcel Map". The plans
must be submitted to the City Of Temecula's Office to review at least two weeks PRIOR to the
request for the recordation of the final map.
It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of
the final map.
It will be necessary for the annexation proceedings to be completely finalized PRIOR to the
recordation of the final map.
Additional approval fi'om Riverside County Environmental Health Department will be required for
all tenants operating a food facility or generating any hazardous waste.
Sincerely,
Martmez, Supe~onmental Health Specialist
(909) 955~8980
Local Enforcement Agency · RO. Box 12801 Riverside. CA 92502-1280 · ~909} 955-8982 · FAX ~9091 781-9653 · 4080 Lemon Street. 9Ih Floor. Riverside. CA 92501
L~da M. r~.e~oeo
December 20, 2001
Francisco Urbina, Case Planner
City of Temecula
Plann~ng Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AVAILABILITY
PARCEL MAP NO. 30468
APN 961-010-006
PLANNING APPLICATION NO. PA01:0610
Dear Mr. Urbina:
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
betxveen RCWD and the property owner including the construction of all
required on-site and off-site ~vater thcilities.
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 Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sin.cerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
01 ~SB:at294\F012-T6\FCF
J~The
(~ompany,
^ ~-,~Sempra Energy'corn~am,
Southern California
Gas Company
1981 W. Lugonia Avenue
Radlancls, CA 9237a-9720
Mailing Adclress:
'! ~ PO Box 3003
Re~lanU$, CA 92373-O306
January3,2002
Gas Co. Reference No. 02-002 OM
City of Temecula
Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Francisco Urbina
Re: Case No. PA01-0611 (Dex~elopment Plan) located at the southeast comer of
State Highway 79 South and Jedediah Smith Road.
Thank you for the opportunity to review your plans for the above referenced project. We
have no comments or recommendations to submit on this particular development project.
If you need any additional information, please call Gertman Thomas at (909) 335-7733.
Steve Dunivin
Technical Supervisor
A'I-FACHMENT NO. 7
PLANNING COMMISSION MINUTES
MAY 1, 2002
R:\P M~2001\01-0610 TPM30468 Temecula Creek Village\Agenda Report CC 06-25-02.doc
16
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MAY 1, 2002
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:01 P.M.,
on Wednesday, May 1, 2002, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California.
ALLEGIANCE
The audience was led in the Flag salute by Commissioner Telesio.
ROLLCALL
Present: Commissioners Mathewson, Olhasso, Telesio, and
Chairman Chiniaeff.
Absent:
Commissioner Guerriero.
Also Present:
Director of Planning Ubnoske,
Assistant City Attorney Curley,
Deputy Director of Public Works Parks,
Development Services Administrator McCarthy,
Senior Planner Hazen,
Senior Planner Hogan,
Associate Planner Papp,
Associate Planner Thornsley,
Project Planner McCoy,
Project Planner Rush, and
Minute Clerk Hansen.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1
Aqenda
RECOMMENDATION:
1.1 Approve the Agenda of May 1, 2002.
MOTION: Commissioner Telesio moved to approve Consent Calendar Item No. 1. The
motion was seconded by Commissioner Mathewson and voice vote reflected approval
with the exception of Commissioner Guerriero who was absent.
COMMISSION BUSINESS
PUBLIC HEARING ITEMS
2 Planninq Application No. 01-0309 (Development Plan) - Rick Rush Proiect Planner
RECOMMENDATION:
2.1 Adopt a Notice of Exemption for Planning Application No. 01~0309 pursuant to
Section 15332 of the California Environmental Quality Act;
2.2 Adopt a Resolution entitled:
PC RESOLUTION NO. 2002-011
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. 01-0309, DEVELOPMENT PLAN TO
CONSTRUCT, ESTABLISH AND OPERATE A 16,200
INDUSTRIAL/ WAREHOUSE BUILDING ON 1.09
VACANT ACRES, GENERALLY LOCATED ON
WINCHESTER ROAD NORTH OF COLT COURT AND
SOUTH OF ZEVO DRIVE KNOWN AS ASSESSORS
PARCEL NO. 909-360-020
Via color renderings, Project Planner Rush presented the staff report (of record), highlighting the project
location, and the access; noted that this item had been continued from the April 3, 2002 Planning
Commission meeting, and subsequently from the April 24, 2002 Planning Commission meeting;
advised that the applicant has retained the services of a licensed architect since the continuance;
relayed that there were no proposed changes to the site plan, the landscape plan, or the floor plan;
noted the modifications to the architecture as follows: the office portion of the building has been raised
three feet, two additional rows of windows have been added, the originally proposed roofing material
has been eliminated, windows have been added along the entire front elevation, the southeast corner
has been raised by two feet, spandrel windows have been added along the southeast elevation, a glass
door was added, exposed aggregate concrete has been added to the southeast corner and the office
portion of the project in order to create an overall design theme, the paint colors have been revised
from the originally proposed earth tone colors to more gray and blue tone colors, and the glass color
has been changed to a light blue color; with respect to the knockout panels which have been proposed
on the east and west elevations, advised that staff was recommending that the knockout panels be
replaced with spandrel glass in order to create consistency with the remainder of the building; and for
Commissioner Telesio and Chairman Chiniaeff, reiterated the revisions in the project where windows
were added, specifying that staff was recommending that the painted knockout panels be replaced with
spandrel glass which will tie in with the remainder of the project.
Mr. Walt Allen, architect representing the applicant, advised that per discussions with the applicant
there was no opposition to complying with staff's recommendation to install spandrel glass at the
location of the knockout panels.
R:PlanComm/minute~050102 2
MOTION: Commissioner Mathewson moved to close the public hearing; and to approve
staff's recommendation, subject to the following revision:
Add-
, That the proposed painted knockout panels be replaced with spandrel glass.
The motion was seconded by Commissioner Olhasso and voice vote reflected approval
with the exception of Commissioner Guerriero who was absent.
3 Planninq Application No. 01-0610 (Tentative Parcel Map) and Planninq Application
No. 01-0611 (Development Plan) - Emery Papp Associate Planner
RECOMMENDATION:
3.1 Adopt a Mitigated Negative Declaration and Mitigation Monitoring Program for
Planning Application No 01-0610 and 01-0611;
3.2 Adopt a Resolution entitled:
PC RESOLUTION NO. 2002-012
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. 01-06'10, TENTATIVE PARCEL MAP
30468 TO CREATE 14 PARCELS ON 32.6 ACRES, AND
PLANNING APPLICATION 01-0611 A RELATED
DEVELOPMENT PLAN FOR THE DESIGN,
CONSTRUCTION AND OPERATION OF A 400 UNIT
MULTI-FAMILY RESIDENTIAL APARTMENT COMPLEX;
108,100 SQUARE-FEET OF RETAIL/OFFICE USES;
AND A 15,000 SQUARE-FOOT CHILD DAY CARE
CENTER, GENERALLY LOCATED ON THE SOUTH
SIDE OF HIGHWAY 79 SOUTH, BETWEEN JEDEDIAH
SMITH ROAD AND AVENIDA DE MISSIONS, KNOWN
AS ASSESSOR PARCEL NO. 961-010-006.
Staff presented the project plan
By way over overheads, Associate Planner Papp provided a project overview (per
agenda material), relaying the following:
· That the proposal was to subdivide 32.6 acres into 14 parcels, 12 for commercial
purposes, and the remaining two parcels for residential;
· That a Settlement Agreement was signed on November 28, 2000 for the Temecula
Creek Village Project site which allowed up to 400 apartment units, and up to 123,000
square feet of commercial space; relayed the location of the site, the Zoning [Planned
Development Overlay (PDO)-4], the General Plan designation (Professional Office), the
surrounding land uses; and specified that the site was divided into four subareas;
R:Pla nComm/rninutes/050102 3
· That Subarea A would be a Service Commercial area, where two restaurants, a
bank, a 15,000 square foot daycare facility or commercial use, andtwo retail buildings
were proposed, relaying that the project has been conditioned to install a signal light,
specifying the project's alternate access points; noted that the project would have a
public trail which would extend along the southerly boundary of all the subareas; advised
that there were four public access points along the southerly boundary of the project with
respect to the trail; relayed that the concern of staff regarding Subarea A was that the
drive aisle entry off of Jedediah Smith Road was too narrow, noting staffs request that
the applicant remove a few of the parking spaces in order to widen the driveway, which
the applicant has agree to do;
· That Subarea C would be the Village Commercial area, noting the proposed bus
turnout located off of Highway 79 (South) to facilitate pedestrian activity, the pedestrian
plaza areas, the trail that would link to the public trail, and the location of an earthquake
fault zone on the easterly portion of this planning area which resulted in the plan to
install parking and drive aisles at this location; and relayed that the proposed gates
would keep commercial traffic out of the residential areas;
· That Subarea B was one of the two residential areas, noting that all of the
apartment buildings in this area would be three stories in height, specifying the location
of the buildings and the internalized parking;
· That Subarea D was the other residential portion of the site, advising that each of
the residential areas would have its own separate private recreation clubhouse with a
pool and spa; relayed the two access points along the trail for this particular subarea and
the one emergency vehicle access point; noted that the placement of the buildings in this
area was designed to mitigate noise impacts from Highway 79 (South); and specified the
buildings in this area which would be three stories in height;
· Via exhibits and colored renderings, demonstrated the architectural treatments for
each of the elevations, which wrapped around the buildings, noting the use of stone
veneers, and varying roof lines; specified that the commercial area was differentiated
from the residential area by the roofing material, noting the common themes throughout
the project such as the use of heavy timbers, trellises, and the use of stone veneers;
relayed the proposed garage treatments; specified that the buildings would primarily be
stucco and accented by stone veneers, that the buildings in Subarea B would have a
wood veneer siding and in Subarea D were proposed to have three accent color
applications; and presented the commercial amhitectural design;
· With respect to the clubhouse amenity, that the applicant had prepared two
differing elevations for the two private clubhouses, one closely resembling the
architecture at the commercial center; and advised that staff preferred the architecture
design that more closely resembled the apartment buildings and not the commercial
area, recommending that the roofing material of the clubhouse match the roofing
material in each subarea as well as the stone veneer of the apartment buildings in that
particular subarea;
· Regarding parking provisions, that the project was over-parked by 73 spaces, that
while the landscape plan exceeded the minimum requirements of the Development
Code, staff was requesting that there be large specimen trees added on the perimeter of
the project, and That there be additional landscaping in other areas, such as at the
public entryways (both vehicular and pedestrian);
· That while the residential component exceeded the lot coverage allowed for high
density residential, the commercial component was well under the fifty percent (50%)
allowed under the Professional Office (PO) designation, advising that staff was of the
opinion that averaging the total site coverage was appropriate for a mixed use type of
development, which enabled the project to meet the overall criteria for lot coverage.
· With respect to environmental impacts, that a Mitigated Negative Declaration and
a Mitigation Monitoring Program have been prepared, relaying receipt of solely one
comment regarding this matter which was from the Toxic Substances Division of the
State, requesting soil samples during grading.
For the record, Director of Planning Ubnoske noted that today (May 1st), staff received
two submittals regarding the project, both of which were facsimiles from a Mr. Raymond
Johnson, and a Ms. Pamela Miod which indicated their concerns regarding the project,
specifically the cumulative environmental, traffic, noise, and air quality impacts,
additionally noting that a phone message was received by staff, from a Ms. Marsha
Cotter, relaying her concern regarding traffic and noise impacts.
Staff addressed the queries of the Planninq Commission
For Commissioner Olhasso, Associate Planner Papp specified the architectural
design for the clubhouse that was preferred by staff, which was the design that was
consistent with the residential area and not the commercial area.
For Commissioner Mathewson, Associate Planner Papp provided additional
information regarding the lot coverage issue, advising that regarding this matter
staff took into consideration the following: 1) The Settlement Agreement between the
City and Old Vail Partners and LandGrant Development which calls for up to 400
apartment units and up to 123,000 of commercial space, 2) the fact that the General
Plan designation for the site is Professional Office, the commercial component has
proposed approximately thirty-one percent (31%) lot coverage, the residential has
proposed approximately thirty-seven percent (37%) lot coverage, advising that the
high density residential district allows up to thirty percent (30%) lot coverage, noting
that the project was over by seven percent (7%) in the residential component if
viewed as a separate component, and 3) that averaging the lot coverage throughout
the site was considered appropriate since this was a mixed use development;
clarified that if there had been no Settlement Agreement, most likely the applicant
would have been directed to reduce the lot coverage which could be accomplished
by removing hardscape elements, which in staffls opinion enhanced the project; and
for Commissioner Telesio, clarified that the applicant could reduce the lot coverage
without reducing the number of apartment units.
Providing clarification regarding the lot coverage issue, Director of Planning
Ubnoske noted that the Development Code allows for a higher Floor Area Ratio
(FAR) if there was enhanced landscaping, or enhanced building architecture,
advising that staff was of the opinion the both these elements were addressed in this
project plan; and relayed that if lot averaging was not conducted, the project met the
criteria in the Development Code that would allow the project to exceed the target
FAR.
Referencing the Settlement Agreement (page 3 of the Settlement Agreement, in the
third paragraph, in the last sentence) for Commissioner Mathewson, Assistant City
Attorney Curley clarified that the "Entitlements" in the agreement included without
limitation, a complete environmental clearance and all other official acts necessary to
implement as closely as possible the four hundred (400) multi-family units and one
hundred twenty-three thousand (123,000) square feet of commercial space under the
Temecula Creek Village PDO-4 and Ordinance No. 2000-12; advised that if the
Planning Commission was to deviate from this implementation then there would
need to be a substantial rationale provided, noting that the approval should be as
close as feasible to these numbers within the application of good planning theory and
practice, and City policy; and confirmed that if after the Planning Commission
addressed the rules and regulations of the City and approved a project proximate to
the numbers stated in the agreement, that if not precisely the same, there would be
no violation of the settlement agreement, advising that the goal was not a precise
requirement but one that was strongly urged.
The applicant's representatives provided a proiect overview
Mr. Ron Finch, representing the applicant, introduced the development team for this
project who were available for Planning Commission questions; provided a history of
RNM, Inc., a large full service architectural and planning firm with major projects all over
the United States and overseas, a firm which has won countless design awards
(including awards for apartment design), advising that this company was chosen to work
on this project due to the firm's strength in the design of apartments and retail, citing
example's of the firm's projects; provided a history of McComic Consolidated, Inc., which
was a diversified Real Estate company with a strong tract record of working well with city
governments; and thanked Director of Planning Ubnoske, Planning staff, and particularly
Associate Planner Papp for their efforts regarding this projec!.
Via a PowerPoint presentation, Mr. Steve McCormick, representing the applicant,
provided a project overview, relaying the following;
· That the project site was relatively flat land, that the parcel was long and linear, and
that Temecula Creek runs east and west on the northern portion of the site;
· That the preposed project was for a mixed-use pedestrian-oriented village which was
consistent with "Smart Growth" trends which mix uses in order to reduce the
following: reliance on vehicles, pollution, and traffic;
· That the street scene along Highway 79 (South) was carefully planned with a
combination of uses, restaurant pads with setbacks, residential areas, and the
Village Center, noting the meandering sidewalk and generous landscaping atong the
edge of the project;
· That the project plan allows for public access from Highway 79 (South) to the trail
preximate to the creek;
· That although the project will be gated, the gating will only restrict vehicular traffic
and not pedestrian;
· That there were alternate areas along the creek providing physical and visual
access;
· Provided a rendering of the proposed multi-use trail; for Chairman Chiniaeff, noted
that there will be a three-foot rail fence separating the trail from the creek, advising
that there would be landscaping and berming between the trail and various adjacent
units with some native vegetation;
· That the focal point of the project was the Village Center with the creation of a main
street theme, substantial open space (which would be the central park) adjacent to
Highway 79 (South), a bus turnout, pedestrian links to the shops/restaurants, the
buildings, and to the creek;
· That the clubhouse proximate to the retail area (which was part of the main street
theme and had architectural design consistent with the commercial area) aided in the
combining of various buildings to create a more lively atmosphere, advising that due
to the location of this particular clubhouse it was the applicant's preference to
maintain the proposed architectural design which was consistent with the Village
Center with a standing seamed metal roof; and noted the trellis structure which tied
the fa(;;ade of the Village Center;
· That the architecture design of the commercial center was four-sided, relaying that
the materials for this center were the standing seamed metal roofs, stone veneer,
and stucco;
· That the commercial center on the west side was primarily one story in height, noting
the trail running along the south side proximate to the creek;
· That the residential portion of the project in the middle of the site, and that Subarea B
would be three-story apartment buildings which would provide individual garage
spaces some which would have direct access from the unit;
· That the elevations have been revised which include the elimination of the siding, the
reduction in the use of stone, and the utilization of color blocking (providing a color
rendering of the revisions, as well as a material sample board); and
· That the residential area on the eastern portion of the project, Subarea D, was made
up primarily of two-story buildings.
Addressing the lot coverage issue, the applicant's representative, elaborated on the
proposed Village Center, which was an inefficient use of land, specifically to place a
small village in the middle of the project, advising that if there were a more traditional
plan, particularly without the main street, the lot coverage issue would not exist; clarified
the efforts of the applicant to maintain the concept of placing a Village Center at this
location due to staff's and the City Council's vision; provided additional information
regarding discussions with City staff, and Council during the development process
regarding the allowable 400 units indicated in the Settlement Agreement.
Mr. Larry Markham, representing the applicant, relayed the following information:
Indicated a few typographical errors in the staff report, which referred to the trail
width as twenty feet (20') in some places, and eight feet (8') in others, clarifying that
the trail was eight feet (8') in width;
Noted that in response to staff's concerns, the applicant implemented the following
revisions: one setback on one of the apartment buildings was revised, the number of
loading spaces was increased, as well as this area being relocated, the trash
enclosures were relocated, the driveway at Jedediah Smith Road was modified, and
additional trees would be installed on the perimeter of the project as well as at the
entryways;
· With respect to Jedediah Smith Road, noted that there would be a minor modification
at this location due to the added median which was not reflected on the earlier
version;
· With respect to Public Works Condition Nos. 6 (of the Development Plan) and 7 (of
the Parcel Map), clarified that the two driveways referenced were the emergency
right-in/right-out located on the extreme eastern portion of the project and the right-
in/right-out located on the western end of the project with the other two access points
being signalized, relaying that it was his desire that this be clear. Deputy Director of
Public Works Parks confirming that the Public Works Department concurred with this
assessment.
· With respect to Condition No. 7 of the Development Plan conditions (regarding flood
control right-of-way), advised that the applicant would not be constructing any flood-
controlled facilities, and that Riverside Flood Control & Conservation District has no
right-of-way property within the project. In response, Deputy Director of Public Works
Parks advised that if the condition were not applicable it would not render any
mandates on the project. Mr. Markham clarifying that the language of the condition
did not indicate, "as needed," which was his concern.
· Regarding the clubhouse recreation building design options, noted that the applicant
would be agreeable to complying with the Planning Commission's direction regarding
this issue;
· Noted that the original PDO did not have the benefit of the detailed fault hazard
investigation, advising that based on the fault zone information since obtained, the
current design plan was developed; with respect to the lot coverage issue, relayed
that while the applicant could pursue development of smaller units, or fewer buildings
with additional stories in order to reduce the lot coverage while maintaining the same
number of dwelling units, it was the applicant's opinion that there would be no benefit
to implementing those revisions, additionally noting that this issue was never a
concern expressed by staff during the project's process;
· Advised that the decorative hardscape elements were not calculated into the
landscape plan, while it was his understanding that this element could have been
calculated into the plan; and
· For informational purposes, relayed that the property to the south of the project was
open space.
The applicant's representatives addressed the questions of the Commission
For Commissioner Olhasso, Mr. Markham provided additional information regarding
the median issue on Highway 79 (South), noting that the median project (Phase II)
was originally included as part of the Assessment District (AD) No. 159
improvements (which the applicant was a part of), advising that the project was
removed from the improvements plan by the County; and relayed that subsequently
Caltrans has offered to provide one-third of the funding of the median project from
the 1-15 Freeway to Butterfield Stage Road (up to $750,000), and was seeking like
contributions from the City of Temecula and the County, advising that it was his
understanding that the City would consider the funding of this project in this year's
ClP. Deputy Director of Public Works Parks confirming that the project was proposed
for inclusion in the CIP, but has not yet been approved; relayed that the County has
rejected the offer to fund a third of the project; and for Commissioner Telesio,
clarified that primarily the access to the creek was not to the creek, itself, but to the
creek trail.
R:P~anComm/minutes/050102 8
In response to Commissioner Telesio, Mr. McCormick specified the location of the
two clubhouses, one of which was located in the residential area and was proposed
to have an architectural design similar to the residential area, and one located
adjacent to the commercial area and proposed to be architecturally consistent with
the commercial architecture; for Commissioner Mathewson, provided additional
information regarding the parking provisions for the Village Center, clarifying that the
gating would ensure that the parking within the gates was for residential use only;
confirmed that at the park site, picnic benches and tables would be installed; with
respect to the carports, relayed that in response to staffs concerns, three carport
buildings were now being proposed, in lieu of the previously planned seven carport
buildings; and confirmed that there would be a meandering sidewalk between the
carports and Highway 79 (South), as well as berming and landscaping in various
locations.
The public was invited to speak
Mr. Mark Broderick, 45501 Clubhouse Drive, relayed his concern regarding traffic
impacts, the proposed three-story apartment buildings (noting a preference for two-story
buildings), the densities, and the fact that with the development of this particular project,
a parallel route to Pala Road could not be constructed, relaying a desire to preserve the
right-of-way for this route for future purposes; and for Chairman Chiniaeff, confirmed that
it would be his desire for there to be a route perpendicular to Highway 79 (South) across
the creek, and over to Loma Linda Road. Chairman Chiniaeff clarifying the area (from
Avenida de Missiones towards Pala Bridge) which has been dedicated as permanent
open space, which would prohibit a road from being constructed across it.
In response to Mr. Broderick's comments, Associate Planner Papp clarified that the
applicant could have proposed four-story buildings, but has opted to have a maximum
three-story height; and with respect to the lot coverage issue, noted that the applicant
could construct additional stories on the proposed two-story buildings to lower the lot
coverage.
The Planninq Commission relayed closinq comments
With respect to the alternate residential design, Commissioner Olhasso noted that she
preferred the revised elevation subject to the stone being added back around the
window casings; emphasized the need for raised medians on Highway 79 (South);
opined that the City was bound by the PDO; and advised that with respect to design, this
was a beautifully planned project, noting that it would be her desire to see this level of
design on all Temecula projects.
Concurring with Commissioner Olhasso, Commissioner Mathewson acknowledged the
need to respect the Settlement Agreement.
For Commissioner Mathewson, Director of Planning Ubnoske confirmed that the
permitted uses in the Village Center were approved at the time the PDO was approved.
Commissioner Telesio commended the developer for the improvement in this particular
project plan verses the Past project for this site; concurred with Commissioner OIhasso's
comments regarding the revised elevation; with respect to the clubhouse located
R:PlanComrNmin ut es/050102 9
adjacent to the commercial area, noted his support of the applicant's proposed design
plan.
For Commissioner Telesio, the applicant's representative relayed that in order to keep
any potentially present animals from the open space area away from the trail there
would be screening on the trail fence.
With respect to Condition No. 7 (regarding the flood control right-of-way), Deputy
Director of Public Works Parks relayed a preference to keep the condition in the
Conditions of Approval, confirming that if there were no flood control right-of-ways, the
condition would not be applicable.
MOTION: Commissioner Mathewson moved to close the public hearing; and to approve
staff's recommendation, subject to the following:
Modify-
· That the drive aisle off of Jedediah Smith Road be widened;
· That the elevations be revised, as presented, with the exception of adding the
stone back around the window casings;
· That the two clubhouse designs as proposed by the applicant be constructed;
and
That the corrections and modifications relayed by Mr. Markham (denoted in
the first four bullets on page 7 under Mr. Markham's comments) be
implemented.
The motion was seconded by Commissioner Olhasso. (Ultimately this motion passed;
see below.)
Reopening the public hearing, Chairman Chiniaeff invited Mr. Fairchild to the podium in
order for the Planning Commission to hear his comments.
Mr. George Faimhild, 30435 De Portola Road, relayed his concern regarding traffic and
the 400 units being proposed, advising that although the project was beautifhlly
designed the number of units should be reduced.
Chairman Chiniaeff closed the public hearing.
At this time voice vote was taken regarding the motion reflecting approval with the with
the exception of Commissioner Guerriero who was absent.
At 7:35 P.M. the meeting recessed, reconvening at 7:46 P.M.
R:PlanComrNminutes/050102 10
4 Villaqe of Old Town Workshop- Presentation by the Applicant
The applicant's representatives presented an overview of the proiect plan
Mr. Richard Haness, representing the applicant, noted that members of the development
team were present and would be available for Planning Commission questions after the
presentation; relayed the desire to receive input at tonight's hearing from the Planning
Commission, as well as the public; advised that the project's market study which was
recently updated revealed that there is a good market for the product types being
proposed in this project; advised that there are ongoing discussions with the School
District, noting that he anticipated an agreement soon with respect to a designated
school site; relayed that the applicant has been working with the Community Services
Department to address Quimby requirements and park designs, and with the Public
Work Department, advising that staff's comments regarding the project were being
incorporated into the traffic study; and noted that while he was unsure of the details of an
affordable housing element, that the applicant was willing to work towards implementing
this element into the project.
Mr. Matthew Fagan, representing the applicant, provided a PowerPoint presentation
regarding the Villages of Old Town Project, relaying the following:
· That the project site was located west of Old Town, at the base of the hills;
· That the Keyser Marston Study the City had commissioned to have prepared in 1998
revealed that up to 2,000 units could be developed in the Westside Specific Plan and
that this type of development would provide benefits to Old Town;
· That the project would be pedestrian-oriented with 1,631 dwelling units on a 152
acres, comprised of apartments and townhomes, with high quality architecture and a
comprehensive park and open space system;
· That the Land Use Plan consisted of the following: Planning Areas (PAs) 1, 5, 7, and
8 were designated as parks, PAs 2, 3, and 4 were designated as the Village Center
which would encompass residential product as well as a Community Center Overlay
which would allow up to 10,000 square feet of commercial uses and was not
intended to compete with Old Town;
· That the park plan would include a Village Park (three acres) located in PA 1
consisting of an amphitheater, and pedestrian and trolley links to Old Town;
· That the Village Center (PA 2) would include the following: primarily multi-family
buildings from two-four stories with two product types, a commercial area, private
recreation facilities, and pedestrian and trolley links (noting that there have been
discussions with RTA regarding this element);
· With respect to the amhitectural design of the Village Center, that there would be
garages at grade level, well-defined entrances, three distinctive architectural styles,
four-sided articulation, balastrades, trellises, and enhanced staimase and mailbox
elements, landscaping between the streetscape with street-faced entrances to the
apartments, as well as windows, and balcony treatments facing the street, noting that
the interior treatments would include pools, cabanas, and barbeque areas.
· That the West and South Village (PAs 3 and 4) would encompass approximately 271
two- and three-story townhomes, private recreational facilities, pocket parks, links to
the Village Center, three architectural styles, four-sided architecture, and detailed '
enhanced elements;
· Displayed the relationship of the building with the slopes of the hillside;
R:Plan Comn~rnin ules/050102 1 1
· That the Park and Open Space Plan additionally consisted of the following: a Native
Park located adjacent to the Western Bypass Corridor (PAs 3 and 4) with seating
areas, a Children's Park with shade structures and tot lots, the Rose Park (PA 7)
which was inspired by a park located in the City of Santa Barbara, a View park (PA
8) which would have viewpoints to the east and a Natural Hillside Park (PA 9) which
would be dedicated as open space;
· With respect to traffic, provided a brief overview of the cimulation plan; noting the key
circulation roadways such as: the Western Bypass Corridor, the Vincent/Moraga
Drive Extension and the 1st Street Extension, advising that vehicular access would
be from these three key circulation points; advised that the applicant would
participate in the construction of new roadways and intersections as indicated in the
traffic study, concurring with staff that installing infrastructure ahead of development
was vital;
· That there would be alternative modes of transportation provided; and
· Noted that there was a two-scale model of the project available for viewing.
Relaying concluding comments, Mr. Haness noted the significant community benefits
associated with this project, as follows:
· The traffic circulation would be enhanced via the applicant's participation in the
construction of new roads and intersections;
· Provision of a variety of housing types would be offered; and
· Assistance in the economic benefits of Old Town merchants as well as the whole
community would be provided; and relayed the project's timeline schedule, noting a
desire to begin construction in late 2002.
The public was invited to comment
The following individuals were proponents of the project:
Mr. Paul O'Neal
Mr. David E. Rossenthau
32219 Benabarrie
27315 Jefferson Avenue
The above-mentioned individuals were proponents of the project for the following
reasons:
The high quality of design elements;
The pedestrian accessibility, in particular being able to walk to the business park
from this project;
The project would revitalize Old Town; and
The transit opportunities.
The following individuals relayed their concerns and comments regarding the project:
Ms. Adrian McGregor
Mr. Dave Gallaher
Ms. Nancy Baron
34555 Madera de Playa
31350 Rancho Vista Road
28681 Pujol Street
representing TVUSD
The above-mentioned individuals commented on the project, as follows:
· Concern regarding an inadequate water supply, in particular a potential drought
condition, as well as concern regarding the existing fault zone and flooding issues;
· Concern regarding the lack of a designated school site, noting the need for an
elementary school in the Old Town area, specifically located in an area which would
allow for pedestrian access from the neighborhoods; and
· Concern regarding the Main Street bridge being open only for pedestrian and trolley
travel, and closed for vehicular access.
For Ms. Baron, Deputy Director of Public Works Parks relayed that if she left her name
and phone number, he would contact her when discussions were held regarding Main
Street.
The following individuals were opposed to the project:
Mr. Mark Broderick
Mr. Al Rattan
Mr. Fred Hayes
Mr. George Demos
Mr. Clif Hewlett
45501 Clubhouse Drive
28751 Rancho California Road represenling Renaissance Properlies
45400 Pintoresca ,.~..e.,., ~ho s..a u.~g.,~ Ranchos Pmpertyow'nem Asscctatlon
43860 East Calamar
address not legible
The above-mentioned individuals were opposed to the project of the project for the
following reasons:
Opposed to the degradation of the hillside view;
Concern with respect to the densities, traffic, and school overcrowding;
Expressed the opinion that the new residents would not be shopping in Old Town
(i.e., antique stores), and thereby not reduce the generation of trips outside of this
area;
Complemented the Planning Commission on its vision and its diligent efforts
regarding the City of Temecula;
Commended Mr. Haness for his work in bring a new vision to Temecula;
With respect to the demographics, noted that Temecula was not attracting enough
commercial businesses, in particular regional offices which would bring better paying
jobs to Temecula, recommending the attraction of improved employment
opportunities;
Suggested that the residential mix be significantly reduced, and that the commercial
area be increased;
Queried whether the development of apartments was the answer to renovating Old
Town;
Requested that there be consideration to develop a City Hall at this project site;
Recommended that a university be developed in Temecula;
Concern regarding decreased property values;
Noted that the Board of Directors of the Santa Rosa Community Services District
would be discussing the impact of this particular project at the next regular meeting
on May 8, 2002 at 7:00 P.M., inviting a Planning Commissioner to attend;
Concern regarding emergency access if this project were to be developed; and
Queried where the Western Bypass Corridor would end on the north end, noting that
it was his understanding that it would end at Moraga Road.
For informational purposes, Director of Planning Ubnoske relayed that tonight's
presentation was solely an intreductory precess, advising that staff was still reviewing
the project, and was not prepared for a formal hearing where there would be additional
information regarding traffic, water, and air quality issues; and advised that this was an
opportunity for the applicant to gain input frem the community;
For the record, Chairman Chiniaeff noted receipt of Commissioner Guerriere's
comments regarding the project (due to being unable to attend the meeting), relaying
that this information would be forwarded to the applicant. Director of Planning Ubnoske
additionally noting that staff received a phone message on May 1, 2002, from Ms.
Marsha Cotter, regarding the project, citing her concerns with respect to traffic and noise
impacts.
The Planninq Commission relayed its closinq comments
Commissioner Olhasso recommended that the applicant retain Keyser Marston to
update the study in order to gain input from the consultant regarding recommended
needed densities to revitalize Old Town; noted that she has always supported the
concept of developing City facilities in Old Town, in particular a City Hall; with respect to
design features, recommended improvement in the arehitectural elements;
recommended that there be additional connection points in order to allow Pujol residents
to utilize various park sites; noted concern regarding the lack of a designated elementary
school; relayed the need for a promotional program to stimulate Old Town residents
utilizing the businesses in Old Town; clarified that the only way new business was going
to be attracted to Old Town was if additional densities were developed in this area; and
concurred that the Western Bypass Corridor was essential.
For informational purposes, Assistant City Attorney Curley advised that it would be more
appropriate for staff to attend the preliminary meetings regarding the Board of Directors
of the Santa Rosa Community Services District meeting.
Noting that he would review the information packet received from Mr. Rattan,
Commissioner Telesio advised that the concepts would idealistically be apprepriate for
implementing; noted that for Old Town to be revitalized it would not only need additional
proximate densities increased, but also a change in character which was a marketing
process that could potentially be stimulated by a development of this type; noted his
concern regarding accessibility, and the traffic impacts, as well as the overcrowding of
the schools; concurred with the concept of developing a City Hall in the Old Town area,
specifically a Civic Center locating the City facilities at one location; and for interested
public members, recommended that names and addresses be provided in order for
residents to be notified of future hearings regarding this project.
Concurring with Commissioner Telesio's comments regarding the need to change the
character of Old Town, Commissioner Mathewson noted that the key element would be
attaining a balance between a population to stimulate Old Town with the circulation
impacts associated with the addition of residents in this area; noted that he was pleased
with the proposed development of townhomes, a much-needed product in Temecula;
with respect to the school site location, noted that it was vital that this issue be
addressed; relayed that according to his calculations the project was still lacking
adequate park facilities (per Quimby requirements), recommending the pursuit of
installation of a larger park with ball fields, if not on the project site, then located
R:PI anCom nYminu [es/050102 14
elsewhere in the City; and concurred with the concern with respect to Main Street's
access being limited, recommending that linkages to Old Town be strengthened.
Chairman Chiniaeff questioned the relationship between the proposed units in the
project and its ability to revitalize Old Town due to the types of businesses currently
located in Old Town, advising that outdoor eating areas would aid in stimulating evening
business; concurred with the need for a variety of dwelling unit opportunities offered in
Temecula; recommended that the hillsides be less graded; noted the difficulty with
planning a school site due to the hilly nature of the property unless there was grading or
a planned tiered playground area; with respect to the Western Bypass Corridor, noted
the need for this corridor to traverse past Rancho California Road; relayed that although
the product appeared to be of a high quality, there were many issues needing to be
addressed, advising that it may not be appropriate to locate this number of dwellings in
one location; and noted that the Planning Commission looked forward'to additional
public comments as this project's process continued.
With respect to the circulation, Deputy Director of Public Works Parks noted that staff
has been working with the applicant regarding this issue (i.e., the widening of Rancho
California Road, the building of the Western Bypass Corridor, and the timing of these
implementations), advising that the applicant had a complete slide presentation
regarding this issue which was not presented at this introductory presentation, but that
the presentation would demonstrate how this project would enhance the circulation
through this area.
With respect to the transition of Old Town from a retail perspective, Commissioner
Olhasso advised that this was the type of information she would desire to receive from
the Keyser Marston study update, specifically what are the anticipated transitions which
would support the community, as well as Old Town.
Mr. Haness relayed that all the information regarding the project was not presented at
tonight's meeting, noting that he looked forward to the time when the project, in detail,
could be presented, relaying the efforts of the applicant to address the concerns which
have been expressed.
Commissioner Telesio recommended that this project be presented to the Planning
Commission incrementally, with one or two elements being presented at a time. Director
of Planning Ubnoske concurred, noting that future workshops would focus on specific
elements with additional detail.
Mr. Samuel Alhadeff, representing the applicant, noted the applicant's hopes of weekly
or biweekly meetings with Commissioner Olhasso, as the representative of the Planning
Commission, in order to review specific product and address the alternate issues.
It was noted that the Planning Commission received and filed this report.
COMMISSIONER'S REPORTS
For informational purposes, Chairman Chiniaeff noted that he had provided a
compact disc of the photographs taken while visiting in the City of Chicago when
attending the Planning Convention, as well as haying provision of information
which was distributed at the conference.
PLANNING DIRECTOR'S REPORT
No additional comments.
ADJOURNMENT
At 9:06 P.M. Chairman Chiniaeff formally adjourned this meeting to the next re.qular
meetin,q to be held on Wednesday, May 15, 2002 at 6:00 P.M., in the City Council
Chambers, 43200 Business Park Drive, Temecula.
Chairman
Debbie Ubnoske,
Director of Planning
R:Pla nCornm/minut es/050102 1 6
ATFACHMENT NO. 8
PLANNING COMMISSION RESOLUTION
MAY 1, 2002
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17
PC RESOLUTION NO. 2002-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-0610,
TENTATIVE PARCEL MAP 30468 TO CREATE 14 PARCELS ON 32.6
ACRES, AND PLANNING APPLICATION 01-0611 A RELATED
DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND
OPERATION OF A 400 UNIT MULTI-FAMILY RESIDENTIAL APARTMENT
COMPLEX; 108,100 SQUARE-FEET OF RETAIL/OFFICE USES; AND A
15,000 SQUARE-FOOT CHILD DAY CARE CENTER, GENERALLY
LOCATED ON THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN
JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONS, KNOWN AS
ASSESSOR PARCEL NO. 961-010-006.
WHEREAS, McComic Consolidated, Inc. submitted applications for a Tentative Parcel Map
and a Development Plan on December 5, 2001; and
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission considered the Applications on May 1,2002, 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 the Applications subject to conditions after
finding that the project proposed in the Applications conformed to the City of Temecula General
Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Tentative Parcel Map Findin.qs. The Planning Commission in recommending
approval of the Application, makes the following findings:
The proposed subdivision and the design and improvements of the subdivision are
consistent with the Subdivision Ordinance, Development Code, General Plan, and the City
of Temecula Municipal Code;
Staff has reviewed the proposal and finds that Tentative Parcel Map No. 30468 is
consistent with the General Plan, the Subdivision Ordinance, the Development Code, and
the Municipal Code.
The tentative map does not divide land which is subject to a contract entered into pursuant
to the California Land Conservation Act of 1965, or the land is subject to a Land
conservation Act contract but the resulting parcels following division of the land will not be
too small to sustain their agricultural use;
The proposed land division is not land designated for conservation or agricultural use.
3, The site is physically suitable for the type and proposed density of development proposed
by the tentative map;
R:\P M'G.001\01-0610 TPM30468 Temecula Creek Village\PC Staff Report 05-01-02,doc
12
The project consists of a Pamel Map on property designated for Professional Office uses,
which is consistent with the General Plan, as well as, the development standards for the
PDO-4 zoning designation.
The design of the subdivision and the proposed improvements, with conditions of approval,
are not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
Per the CEQA Guidelines, a Mitigated Negative Declaration has been prepared for this
project. The proposed Mitigation Monitoring Program will ensure that the impacts are not
likely to cause significant damage to the environment.
5. The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
The project has been reviewed and commented on by the Fire Safety Division, the Building
Safety Division, Public Works, Community Services and Planning Staff. As a result, the
project will be conditioned to address all concerns. Further, provisions are made in the
General Plan and the Development Code to ensure that the public health, safety and
welfare are safeguarded. The project is consistent with these documents.
6. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible;
There are solar possibilities available to the tentative parcel map; however, the applicant
has not submitted any information in regard to solar possibilities.
The design of the subdivision and the type of improvements will not conflict with easements
acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to
those previously acquired by the public will be provided;
The Public Works Department, expressed concerns regarding potential conflicts with
easements or accesses during the project review stage. The concerns expressed by
Publics Works have already been addressed, or will be addressed in the Conditions of
Approval.
8. The subdivision is consistent with the City's parkland dedication requirements (Quimby);
The applicant is responsible for payment of fees, which will address the City's parkland
dedication requirements.
Section 3 Development Plan Findinqs. The Planning Commission in recommending
approval of the Application, makes the following findings:
1. The proposed use is in conformance with the General Plan and with all applicable
requirements of state law and other City Ordinances.
The plan to develop 123,100 square-feet of commercial space and 400 multi-family
apartment units on 32.6 acres is consistent with the PDO-4 policies and development
regulations, and the terms of the Settlement Agreement. The proposed plan incorporates
architectural and landscape designs, which will enhance land use objectives along Highway
79 South.
2. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
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The project has been conditioned to conform to the Uniform Building Code, and all
construction will be inspected by City staff prior to occupancy. The Fire Department staff
has also found that the site design will provide adequate emergency access in the case of a
need for emergency response to the site.
Section 4. Environmental Compliance. The initial environmental assessment for this
project identified issues that could potentially have significant impacts without mitigation. A Mitigated
Negative Declaration and Mitigation Monitoring Program have been prepared for this project to
reduce potential impacts to levels that are less than significant.
Section 5. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Applications, a request to divide 32.6 acres into 14 lots, and to develop
ten buildings totaling 123,100 square-feet of commercial space; and 25 multi-family apartment
buildings totaling 400 residential units, as set forth on attached Exhibit A, attached hereto, and
incorporated herein by this reference together with any and all necessary conditions that may be
deemed necessary.
Section 6 PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this Ist day of March 2002.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
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 lSh day of May, 2002
by the following vote of the Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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14
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.
pA00-0610 Tentative Parcel Map
PA00-0611 Development Plan
Project Description:
PA00-0610: Tentative Parcel Map 30468
subdividing the site into 14 parcels, 12 for
commercial uses and 2 for high-density
residential use.
PA00-0611: Construct 400 multi-family
residential units on approximately 20.7
acres and 123,100 square feet of
commercial space on approximately 11.9
acres.
Development Impact Fee Category:
Multi-Family Residential and Retail
Commercial
Assessor's Parcel No.:
961-010-006
Approval Date: TBD
Expiration Date: TBD
PLANNING DIVISION
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 One thousand three hundred and fourteen dollars
($1314.00) for the County administrative fee, to enable the City to file the Notice
of Determination 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 parcel map shall comply with the State of California Subdivision Map Act and
to all the requirements of the City of Temecula's Subdivision Ordinance, unless
modified by the conditions listed below. A time extension may be approved in
accordance with the State Map Act and City Ordinance, upon written request, if
made 30 days prior to the expiration date.
3. 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
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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, judgments, 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.
4. The project and all subsequent projects within this site shall comply with all
mitigation measures contained in the Mitigation Monitoring Program and
conditions set forth.
5. After grading, all slopes shall be planted in accordance with the City's Slope
Planting Guidelines. Jute netting will be required on all slopes greater than ten
linear feet.
6. An Administrative Development Plan application shall be submitted and
approved by the Planning Department for buildings on Pads C1, C2, C3, C9 and
C10, prior to issuance of building permits.
7. The final landscape plan shall indicate street trees planted along the Highway 79
South frontage as a minimum of 24-inch box for each variety shown.
8. The applicant is advised that Highway 79 South is a state highway, and that all
landscape approvals are to meet CalTrans requirements.
9. Perimeter trees shall include some specimen trees of the varieties indicated on
the final landscape plan. Specimens shall be a minimum of 36-inch box and
shall be placed in a manner that vehicular and pedestrian entrances are
accented and provide variation in canopy height. In addition to perimeter trees,
please add three (3) 24-inch box Chinese Flame trees, and all eighteen (18) 36-
inch box Red Crepe Myrtle trees to conform to the number of specimens
identified in the planting legend.
10. The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
11. 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.
12. The development of the premises shall substantially conform to the approved
floor plans, elevations and the Color and Material Boards on file with the
Community Development Department - Planning Division.
13. Landscaping installed for the project shall be continuously maintained to the
reasonable satisfaction of the Planning Director. if it is determined that the
landscaping is not being maintained, the Planning Director shall have the
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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, Property Owner's Association,
or any successors in interest.
14. All mechanical and roof equipment shall be fully screened from public view by
being placed below the lowest level of the surrounding parapet wall. Parapet
walls shall be of sufficient height above the roofline to screen said equipment.
15. The colors and materials for the project shall substantially conform to those noted
directly below and with the Color and Material Boards on file with the Community
Development Department - Planning Division (with the following changes
made by the Planning Commission at a Public Hearing held on May 1,
2002).
Areas A and C:
Primary wall exterior:
Stucco Accent 1:
Stucco Accent 2:
Stucco Accent 3:
Trim and Bands:
Roof
Stone Veneer
Frazee Desert Fawn (8222 W)
Frazee Burnt Copper (8355 D)
Frazee Safari Tan (7754 M)
Frazee Lulled Beige (8232 W)
Frazee Almond White (8180 W)
Patina Green Metal Seam Roof
Cheyenne Limestone
Area B:
Primary wall exterior:
Stucco Accent:
(remove wood siding)
Fascia, Trim, Bands and Railings:
Garage Doors
Roof Tile
Stone Veneer
Frazee Clay Beige (8721 W)
Frazee Daplin (8234 M)
Frazee Swiss Coffee (487)
Frazee Lulled Beige (8232 W)
Silhouette Slate (ISTCS 4930)
Jackson Valley Quarrystone (SP 103)
(wrap stone veneer around window frames)
Area D:
Primary wall exterior:
Stucco Accent 1:
Stucco Accent 2:
Stucco Accent 3:
Fascia, Trim, Bands and Railings:
Roof Tile
Stone Veneer
Frazee Hay Seed (8220 W)
Frazee Daplin (8234 M)
Frazee Festoon (8274 W)
Frazee Burnt Copper (8355 D)
Frazee Swiss Coffee (487)
Wolf Grey Shake (1 SKCB 5969)
Oakridge Mountain Ledge
16. Added by Planning Commission on May 1, 2002 -The Clubhouse (Sub-
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Area D) in proximity to the Village Center shall incorporate design elements
that closely resemble those of the Village Center commercial buildings.
The Clubhouse (Sub-Area B) adjacent to the public trail on the south side
of project shall incorporate design elements that closely resemble the
residential buildings.
17. The construction landscape drawings shall indicate coordination and grouping of
all utilities, which are screened from view per applicable City Codes and
guidelines.
18. AII multi-family residential buildings shall meet the building separation
requirements of Section 17.06.050 B of the City's Development Code.
19. The applicant shall submit a fence plan for review and approval for Sub-Areas B
and D prior to the issuance of the first residential building permit.
20. The applicant shall redesign the trash enclosures such that no unattended rollout
container(s) be left in the drive aisle during pick up.
21. Added by Planning Commission on May 1, 2002 - The driveway apron and
drive aisle to/from Jedediah Smith Road shall be sufficiently widened to
reduce vehicle stacking exiting the site, and to facilitate emergency vehicle
movement.
Prior to Issuance of a Building Permit
22. Prior to issuance of building permits, Covenants, Conditions, and Restrictions
(CC&R's) shall be approved by the Planning Department and recorded with the
Riverside County Recorder. The CC&R's shall contain provisions for the creation
of a Property Owner's Association for the maintenance of all landscaping on the
commercial parcels, and maintenance of all internal roadway and hardscape
surfaces within those parcels.
23. The applicant shall insure that all trees planted along the Highway 79 South
property line of the subject development be a minimum size of 24" box trees.
The applicant shall revise the landscape plans and resubmit the plans for
Planning Department approval prior to the issuance of a building permit.
Prior to Issuance of an Occupancy Permit
24. All perimeter and slope landscaping, including the Highway 79 South landscape
planter area shall be installed to the approval of the Planning Director, prior to the
first certificate of occupancy.
25. All conditions shall be complied with prior to any occupancy or use allowed by
this Development Plan.
26. A one-year landscape maintenance bond of sufficient amount shall be submitted
and approved by the Planning Department.
27. The applicant and owner of the real property represented by this approval shall
join and maintain active membership in the Crime Free Multi-housing Program.
Prior to Issuance of Grading Permits
28. A copy of the Rough Grading plans shall be submitted and approved by the
Planning Department.
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29. 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.
PUBLIC WORKS PA01-0610 (Tentative Parcel Map)
The Department of Public Works recommends the following Conditions of Approval for
this project. Unless stated otherwise, all conditions shall be completed by the Developer
at no cost to any Government Agency.
General Requirements
1. It is understood that the Developer correctly shows on the tentative map all
existing and proposed easements, traveled ways, improvement constraints and
drainage courses, and their omission may require the project to be resubmitted
for further review and revision.
2. A Grading Permit for either rough or precise grading shall be obtained from the
Department of Public Works prior to commencement of any construction outside
of the City-maintained road right-of-way.
3. 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.
4. 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.
5. All improvement plans, grading plans, landscape and irrigation 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.
6. All on-site drainage facilities shall be privately maintained.
7. The vehicular movement for the following locations shall be restricted as follows:
a. Highway 79 South at the easterly access to the site shall be restricted to a
right in/right out movement subject to approval by CalTrans. The method of
controlling this movement shall be approved by the Director of Public Works.
b. Highway 79 South at the driveway east of Jedediah Smith Road shall be
restricted to right in/right out movement subject to approval of CalTrans. The
method of controlling this movement shall be approved by the Director of
Public Works.
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
8. As deemed necessary by the Department of Public Works, the Developer shall
receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern MunicipaIWater District
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d. Riverside County Flood Control and Water Conservation District
e. City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
i. Cable TV Franchise
j. CaITrans
k. Community Services District
I. Verizon Telephone
m. Southern California Edison Company
n. Southern California Gas Company
o. Fish & Game
p. Army Corps of Engineers
9, 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:
a. Improve Highway 79 South (Urban Arterial Highway Standards) to include
installation of sidewalk, street lights, drainage facilities, signing and striping,
and utilities (including but not limited to water and sewer)
b. Provide a lane drop transition per CalTrans standards to the driveway east of
Jedediah Smith Road
c. Install a traffic signal at the intersection of Highway 79 South and Jedediah
Smith Road.
d. Install a traffic signal at the intersection of Highway 79 South and Main
Project entrance.
10. Unless otherwise approved the following minimum criteria shall be observed in
the design of the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207A
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 802 and 803.
d, Concrete sidewalks and ramps shall be constructed along public street
frontages in accordance with City of Temecula Standard Nos. 400 and 402
e. All street and driveway centerline intersections shall be at 90 degrees.
f. 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.
g. All utility systems including gas, electric, telephone, water, sewer, and cable
TV shall be provided underground. Easements shall be provided as required
where adequate right-of-way does not exist for installation of the facilities. All
utilities shall be designed and constructed in accordance with City Codes and
the utility provider.
h. All utilities, except electrical lines rated 33kv or greater, shall be installed
underground
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11. Private roads shall be designed to meet City public road standards.
Unless
otherwise approved the following minimum criteria shall be observed in the
design of private streets:
a. The Developer shall improve Jedediah Smith Road (60 feet curb to curb) to
include the installation of street improvements, paving, curb and gutter,
sidewalk, raised median, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer) as shown on the tentative
parcel map.
i) The raised median island on Jedediah Smith Road shall be 4 feet wide,
200 foot long
ii) The roadway design shall be coordinated with the adjacent property
owner
b. All intersections shall be perpendicular (90).
12. A construction area Traffic Control Plan shall be designed by a registered Civil
Engineer and reviewed by the Department of Public Works for any street closure
and detour or other disruption to traffic circulation as required by the Department
of Public Works.
13. Relinquish and waive right of access to and from Highway 79 South on the
Parcel Map with the exception of five (5) openings as delineated on the approved
Tentative Parcel and approved by CalTrans.
14. Corner property line cut off for vehicular sight distance and installation of
pedestrian facilities shall be provided at all street intersections in accordance with
Riverside County Standard No. 805.
15. All easements and/or right-of-way dedications shall be offered for dedication to
the public or other appropriate agency and shall continue in force until the City
accepts or abandons such offers. All dedications shall be free from all
encumbrances as approved by the Department of Public Works.
16. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision that is
part of an existing Assessment District must comply with the requirements of said
section. Prior to City Council approval of the Parcel Map\Final Map, the
Developer shall make an application for reapportionment of any assessments
with appropriate regulatory agency.
17. Any delinquent property taxes shall be paid.
18. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with
the Parcel Map to delineate identified environmental concerns and shall be
recorded with the map. A copy of the ECS shall be transmitted to the Planning
Department for review and approval. The following information shall be on the
ECS:
a. The delineation of the area within the 100-year floodplain.
b. Special Study Zones.
c. Geotechnical hazards identified in the project's geotechnical report.
19. The Developer shall comply with all constraints that may be shown upon an
Environmental Constraint Sheet recorded with any underlying maps related to
the subject property.
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20. The Developer shall make a good faith effort to acquire the required off-site
property interests, and if he or she should fail to do so, the Developer shall, prior
to submittal of the Parcel Map for recordation, enter into an agreement to
complete the improvements pursuant to the Subdivision Map Act, Section 66462
and Section 66462.5. Such agreement shall provide for payment by the
Developer of all costs incurred by the City to acquire the off-site property
interests required in connection with the subdivision. Security of a portion of
these costs shall be in the form of a cash deposit in the amount given in an
appraisal report obtained by the Developer, at the Developer's cost. The
appraiser shall have been approved by the City prior to commencement of the
appraisal.
21. The Developer shall notify the City's cable TV Franchises of the Intent to
Develop. Conduit shall be installed to cable TV Standards at time of street
improvements.
22. 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
23. A minimum 24 foot wide easement shall be dedicated for public utilities and
reciprocal ingress/egress access for all private streets and drives.
24. Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the final map.
25. Easements for sidewalks for public uses shall be dedicated to the City where
sidewalks meander through private property.
26. Easements, when required for roadway slopes, landscape easements, drainage
facilities, utilities, etc., shall be shown on the final map if they are located within
the land division boundary. All offers of dedication and conveyances shall be
submitted for review and recorded as directed by the Department of Public
Works. On-site drainage facilities located outside of road right-of-way shall be
contained within drainage easements and shown on the final map. A note shall
be added to the final map stating "drainage easements shall be kept free of
buildings and obstructions."
Prior to Issuance of Grading Permits
27. As deemed necessary by 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. Planning Department
d. Department of Public Works
e. Community Services District
28. A Grading Plan shall be prepared by a registered Civil Engineer in accordance
with City of Temecula standards and approved by the Department of Public
Works prior to commencement of any grading. The plan shall incorporate
adequate erosion control measures to protect the site and adjoining properties
from damage due to erosion.
29. A Soils Report shall be prepared by a registered Civil or Soils Engineer and
submitted to the Department of Public Works with the initial grading plan check.
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The report shall address all soils conditions of the site, and provide
recommendations for the construction of engineered structures and preliminary
pavement sections.
30. A Geotechnical Report shall be prepared by a registered engineer or engin, eering
geologist and submitted to the Department of public Works with the initial grading
plan check. The report shall address special study zones and identify any
geotechnical hazards for the site including location of faults and potential for
liquefaction. The report shall include recommendations to mitigate the impact of
ground shaking and liquefaction.
31. A Drainage Study shall be prepared by a registered Civil Engineer and submitted
to the Department of Public Works with the initial grading plan check. The study
shall identify storm water runoff quantities expected from the development of this
site and upstream of the site. It shall identify all existing or proposed off-site or
on-site, public or private, drainage facilities intended to discharge this runoff.
Runoff shall be conveyed to an adequate outfall capable of receiving the storm
water runoff without damage to public or private property. The study shall
include a capacity analysis verifying the adequacy of all facilities. Any upgrading
or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and
design shall be a storm with a recurrence interval of one hundred years.
32. The Developer must comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit from the State Water Resoumes
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.
33. 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.
34. The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shall be in a format
as directed by the Department of Public Works.
Prior to Issuance of Building Permits
35. Parcel Map shall be approved and recorded.
36. A Precise Grading Plan shall be submitted to the Department of Public Works for
review and approval. The building pad shall be certified by a registered Civil
Engineer for location and elevation, and the Soils Engineer shall issue a Final
Soils Report addressing compaction and site conditions.
37. Grading of the subject property shall be in accordance with the California
Building Code, the approved grading plan, the conditions of the grading permit,
City Grading Standards and accepted grading construction practices. The final
grading plan shall be in substantial conformance with the approved 'rough
grading plan.
38. 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 Certificates of Occupancy
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39. As deemed necessary by the Department of Public Works, the Developer shall
receive written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
40. All necessary certifications and clearances from engineers, utility companies and
public agencies shall be submitted as required by the Department of Public
Works.
41. All improvements shall be constructed and completed per the approved plans
and City standards to the satisfaction of the Director of Public Works.
42. The existing improvements shall be reviewed. Any appurtenance damaged or
broken due to the construction operations of this project shall be repaired or
removed and replaced to the satisfaction of the Director of Public Works.
PUBLIC WORKS PA01-0611 (Development Plan)
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
1. A Grading Permit for precise grading, including all on-site flat 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.
2. 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.
3. 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.
4. All improvement plans and 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.
5. All on-site drainage facilities shall be privately maintained.
6. The vehicular movement for the following locations shall be restricted as follows:
a. Highway 79 South at the easterly access to the site shall be restricted to a
right in/right out movement subject to approval by CaITrans. The method of
controlling this movement shall be approved by the Director of Public Works.
b. Highway 79 South at the driveway east of Jedediah Smith Road shall be
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restricted to right in/right out movement subject to approval of CalTrans. The
method of controlling this movement shall be approved by the Director of
Public Works.
Prior to Issuance of a Grading Permit
7. A permit from Riverside County Flood Control and Water Conservation District is
required for work within their right-of-way.
8. 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.
9. 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.
10. 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.
11. A Geological Report shall be prepared by a qualified engineer or geologist and
submitted to the Department of Public Works with the initial grading plan check.
The report shall address special study Zones and the geological conditions of the
site, and shall provide recommendations to mitigate the impact of ground shaking
and liquefaction.
12. 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,
13. The Developer must 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
(NOI) has been filed or the project is shown to be exempt.
14. 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, Planning Department
d. Department of Public Works
e. Community Services District
f. Fish&Game
g. Army Corps of Engineers
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15. The Developer shall comply with all constraints that may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps
related to the subject property.
16. Permanent landscape and irrigation plans shall be submitted to the Planning
Department and the Department of Public Works for review and approval.
17. 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.
18. 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
19. Improvement plans and/or precise grading plans shall conform to applicable City
of Temecula Standards subject to approval by the Director of the Department of
Public Works. The following design criteria shall be observed:
a. FIowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City of Temecula Standard No.
207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street
frontages in accordance with City of Temecula Standard Nos. 400 and 402.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Public Street improvement plans shall include plan and profile showing
existing topography, utilities, proposed centerline, top of curb and flowline
grades.
g. 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.
20. 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:
a. Improve Highway 79 South (Urban Arterial Highway Standards) to include
installation of sidewalk, street lights, drainage facilities, signing and striping,
and utilities (including but not limited to water and sewer)
b. Provide a lane drop transition per CalTrans standards to the driveway east of
Jedediah Smith Road
c. Install a traffic signal at the intersection of Highway 79 South and Jedediah
Smith Road.
d. Install a traffic signal at the intersection of Highway 79 South and Main
Project entrance.
21. Private roads shall be designed to meet City public road standards. Unless
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22.
23.
otherwise approved the following minimum criteria shall be observed in the
design of private streets:
a. The Developer shall improve Jedediah Smith Road (60 feet curb to curb) to
include the installation of street improvements, paving, curb and gutter,
sidewalk, raised median, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer) as shown on the site plan.
i) The raised median island on Jedediah Smith Road shall be 4 feet wide,
200 foot long
ii) The roadway design shall be coordinated with the adjacent property
owner
b. All intersections shall be perpendicular (90).
All street improvement design shall provide adequate right-of-way and pavement
transitions per CalTrans' standards for transition to existing street sections.
The Developer shall construct the following public improvements in conformance
with applicable City Standards and subject to approval by the Director of the
Department of Public Works.
a. Street improvements, which may include, but not limited to: pavement, curb
and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic
signal systems, and other traffic control devices as appropriate
b. Storm drain facilities
c. Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
24. A construction area Traffic Control Plan shall be designed by a registered Civil or
Traffic Engineer and reviewed by the Director of the Department of Public Works
for any street closure and detour or other disruption to traffic circulation as
required by the Department of Public Works.
25. 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.
26. All access rights, easements for sidewalks for public uses shall be submitted and
reviewed by the Director of the Department of Public Works and City Attorney
and approved by City Council for dedication to the City where sidewalks meander
through private property.
27. 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.
28. The Developer shall obtain an easement for ingress and egress over the
adjacent property.
29. 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.
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Prior to Issuance of a Certificate of Occupancy
30. As deemed necessary by the Department of Public Works, the Developer shall
receive written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
31. Corner property line cut off shall be required per Riverside County Standard
No. 805.
32. All public improvements, including traffic signals, shall be constructed and
completed per the approved plans and City standards to the satisfaction of the
Director of the Department of Public Works.
33.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.
COMMUNITY SERVICES
General Conditions:
1. The developer shall contact the City's franchised solid waste hauler for disposal
of construction debris. Only the City's franchisee may haul construction debris.
2. Developer shall provide adequate space for a recycling bin within the trash
enclosure areas.
3. All perimeter walls, trail fences, entry monumentation, parkways, landscaping,
pedestrian portals, private recreational amenities and all open space shall be
maintained by the property owner or a private maintenance association.
4. The Developer shall provide to the City of Temecula an eight (8) foot multi-use
trail easement deed for public access.
5. The Developer shall provide to the Temecula Community Services District
(TCSD) an eight (8) foot maintenance easement deed for the multi-use trail.
6. A multi-use trail will be constructed by the developer as indicated on the
development plan. Specifications and standards to be approved by TCSD.
7. Prior to the 221st residential building permit the development of the trial shall be
completed and accepted by TCSD.
Prior to Building Permits:
8. The developer shall satisfy the City's park land dedication (Quimby) requirement
through the payment of in-lieu fees equivalent to 2.43 acres of park land, based
upon the City's then currant 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 residential building permit
requested.
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If additional arterial street lighting needs to be installed, prior to the first building
permit or installation of arterial street lighting, the developer shall complete the
TCSD application process and pay the appropriate energy fees related to the
transfer of street lighting into the TCSD maintenance program.
FIRE DEPARTMENT
1. 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 California Building Code (CBC), California Fire Code (CFC),
and related codes which are in force at the time of building plan submittal.
2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel
or construction of all commercial buildings per CFC Appendix III.A, Table A-Ill-A-
1. The developer shall provide for this project, a water system capable of
delivering 2250 GPM at 20 PSI residual operating pressure, plus an assumed
sprinkler demand of 850 GPM for a total fire flow of 3100 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. (CFC 903.2, Appendix
3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per
CFC Appendix Ill-B, Table A-III-B-1. A minimum (based on the greatest hazard
building)of 3 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to
public streets. Hydrants shall be spaced at 400 feet apart, at each intersection
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. (CFC 903.2, 903.4.2, and Appendix Ill-B).
4. As required by the California Fire Code, when any portion of the facility is in
excess of 150 feet from a water supply on a public street, as measured by an
approved route around the exterior of the facility, on-site fire hydrants and mains
capable of supplying the required fire flow shall be provided. For this project on
site fire hydrants are required. (CFC 903.2)
5. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius
on any cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision
Ord. 16.03.020)
6. If construction is phased, each phase shall provide approved access and fire
protection prior to any building construction. (CFC 8704.2 and 902.2.2)
7. 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 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
8. 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 80,000 lbs. GVVV with
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a minimum AC thickness of .25 feet. ( CFC sec 902)
9. 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. (CFC 902.2.2.1)
10. The gradient for a fire apparatus access roads shall not exceed fifteen (15)
percent. (CFC 902.2.2.6 Ord. 99-14)
11. 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. (CFC 902.2.2.4)
12. 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. (CFC 902.2.1)
13. 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. (CFC 8704.3, 901.2.2.2 and
National Fire Protection Association 24 1-4.1 )
14. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
15. Prior to issuance of a Certificate of Occupancy or building final, approved
numbers or addresses shall be provided on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the
property. Numbers shall be of a contrasting color to their background.
Commercial, multi-family residential and industrial buildings shall have a
minimum twelve (12) inches numbers with suite numbers a minimum of six (6)
inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single family residences and multi-
family residential units shall have four (4) inch letters and /or numbers, as
approved by the Fire Prevention Bureau. (CFC 901.4.4)
16. 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.
17. 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. (CFC Article 10, CBC
Chapter 9)
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18. 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. (CFC Article 10)
19. 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. (CFC 902.4)
20. 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 fire fighting personnel. (CFC
9O2.4)
21. Prior to final inspection of any building, the applicant shall prepare and submit to
the Fire Department for approval, a site plan designating Fire Lanes with
appropriate lane painting and or signs.
22. Prior to the building final, speculative buildings capable of housing high-piled
combustible stock, shall be designed with the following fire protection and life
safety features: an automatic fire sprinkler system(s) designed for a specific
commodity class and storage arrangement, hose stations, alarm systems, smoke
vents, draft curtains, Fire Department access doors and Fire department access
roads. Buildings housing high-piled combustible stock shall comply with the
provisions California Fire Code Article 81 and all applicable National Fire
Protection Association standards. (CFC Article 81)
23. Prior to the issuance of a Certificate of Occupancy or building final, the
developer/applicant shall be responsible for obtaining underground and/or
aboveground tank permits for the storage of combustible liquids, flammable
liquids or any other hazardous materials from both the County Health department
and Fire Prevention Bureau.(CFC 7901.3 and 8001.3)
Special Conditions
24. Prior to issuance of building permits, fuel modification plans shall be submitted to
the Fire Prevention Bureau for review and approval for all open space areas
adjacent to the wild land-vegetation interface. (CFC Appendix II-A)
25. Prior to issuance of building permits, plans for structural protection from
vegetation fires shall be submitted to the Fire Prevention Bureau for review and
approval. The measures shall include, but are not limited to, enclosing eaves,
noncombustible barriers (cement or block walls), and fuel modification zones.
(CFC Appendix II-A)
26. Prior to building permit issuance, a full technical report may be required to be
submitted and to the Fire Prevention Bureau. This report shall address, but not
be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, and
NFPA - 13, 24, 72 and 231-C.
27. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan
and a simple floor plan, each as an electronic file of the .DWG format must be
submitted to the Fire Prevention Bureau. Alternative file formats may be
acceptable, contact fire prevention for approval.
28. The applicant shall comply with the requirements of the Fire Code permit process
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17
29.
and update any changes in the items and quantities approved as part of their Fire
Code permit. These changes shall be submitted to the Fire Prevention Bureau
for review and approval per the Fire Code and is subject to inspection. (CFC
105)
The applicant shall submit for review and approval by the Riverside County
Department of Environmental Health and City Fire Department an update to the
Hazardous Material Inventory Statement and Fire Department Technical Report
on file at the city; should any quantities used or stored onsite increase or should
changes to operation introduce any additional hazardous material not listed in
existing reports. (CFC Appendix II-E)
OUTSIDE AGENCIES
1. The applicant shall comply with all the mitigation measures identified in the
attached Mitigation Monitoring Plan. (Environmental Mitigation Measures)
2. The applicant shall comply with all CalTrans requirements concerning signal
lights for Highway 79 South.
3. The applicant shall comply with all CalTrans requirements concerning street
trees along Highway 79 South.
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
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A'I-FACHMENT NO. 9
PLANNING COMMISSION AGENDA PACKET
MAY 1, 2002
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STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
May 1,2002
Planning Application No. 01-0610 -Tentative Parcel Map
Planning Application No. 01-0611 - Development Plan
Prepared By: Emery Papp, Associate Planner
RECOMMENDATION: The Community Development Department - Planning Division Staff
recommends the Planning Commission:
ADOPT a Mitigated Negative Declaration and Mitigation Monitoring Program for
Planning Application Nos. 01-0610 and 0611;
2. ADOPT a Resolution entitled:
PC RESOLUTION NO. 2002-~
A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-0610,
TENTATIVE PARCEL MAP 30468 TO CREATE 14 PARCELS ON 32.6
ACRES, AND PLANNING APPLICATION 01-0611 A RELATED
DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND
OPERATION OF A400 UNIT MULTI-FAMILY RESIDENTIAL APARTMENT
COMPLEX; 108,100 SQUARE-FEET OF RETAIL/OFFICE USES; AND A
15,000 SQUARE-FOOT CHILD DAY CARE CENTER, GENERALLY
LOCATED ON THE SOUTH SIDE OF HIGHWAY 79 SOUTH, BETWEEN
JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONS, KNOWN AS
ASSESSOR PARCEL NO. 961-010-006.
APPLICATION INFORMATION
APPLICANT:
McComic Consolidated, Inc.
PROPOSAL:
Tentative Pamel Map 30468 (PA01-0610) is a proposal to
create 14 parcels, 12 for commercial uses and 2 for multi-
residential uses, ranging in size from 0.21-acres to 11.91-
acres, on 32.6 acres.
LOCATION:
The Development Plan (PA01-0611) is a proposal to
construct 108,100 square-feet of retail/office space, 400
multi-family residential units, and a 15,000 square-foot child
day care center.
South of Highway 79 South, north of Temecula Creek, east of
Jedediah Smith Road, and west of Avenida De Missions
EXISTING ZONING:
Planned Development Overlay 4 (PDO-4)
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SURROUNDING ZONING:
North:
South:
East:
West:
GENERAL PLAN DESIGNATION:
EXISTING LAND USE: Vacant
SURROUNDING LAND USES: North:
Professional Office
South:
East:
West:
PROJECT STATISTICS (DEVELOPMENT PLAN)
LOT AREA (gross):
32.60 Acres
LOT AREA (net):
9.75 Acres
FOOTPRINT:
Professional Office and Very
Low Density Residential
Open Space/Conservation
Professional Office
Highway Tourist Commercial
BUILDING SQUARE FOOTAGE:
Vacant (Proposal for Rancho
Community Church)
Temecula Creek
Vacant
Vacant (Proposed TM 30180)
BUILDING HEIGHT (max.):
Commercial Component: 2.8 Acres
Residential Component: 4.7 Acres
LANDSCAPED AREA:
Commercial Component: 123,100
Residential Component: 404,174
Attached Garages: 18,060
Remote Garages: 18,480
Carports: 48,400
Hardscape: 98,010
PARKING REQUIRED:
Commercial Component: 39'
Residential Component: 41 '-9"
Overall: 31.4%
Commemial Component: 27.3%
Residential Component: 37.2%
PARKING PROVIDED:
Commercial Component:
Residential Component:
Commercial Component:
593 Total: includes 542
uncovered; 11 handicapped; 9
motorcycle; and 31 bicycle
831 Total: includes 17
handicapped; 396 uncovered;
96 attached garages; 80 remote
garages; and 242 covered
674 Total: includes 615
uncovered; 15 handicapped; 12
motomycle; and 32 bicycle
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Residential Component:
831 Total: includes 17
handicapped; 396 uncovered;
96 attached garages; 80 remote
garages; and 242 covered
LOT COVERAGE:
Overall: 35.80%
Commercial Component: 33.20%
Residential Component: 37.20%
FLOOR AREA RATIO:
Overall:
Commercial Component:
Residential Component:
.37
.24
.45 (reference only, no Code
standard)
BACKGROUND
Planning Applications 01-0610 and 0611 originate from a proposal by the Old Vail Pariners and
LandGrant Development for the Temecula Creek Village project site. The original proposal was
complicated when the City's first General Plan designated the property as Professional Office. Old
Vail subsequently filed a series of state and federal actions against the City for inverse
condemnation and related claims.
The claims were settled in November 2000. The City Council adopted Ordinance 2000-13 that
established Planned Development Overlay 4 (PDO-4), and Resolution 2000-13 that amended the
General Plan Circulation Map to remove a portion of Via Rio Temecula from the circulation map.
The passage of the Ordinance and the Resolution led Old Vail and the City to enter into a settlement
agreement. The agreement was signed on November 28, 2000, and contained provisions for 400
multi-family residential units and 123,000 square feet of commercial space.
The applicant submitted a Pre-Application for Planning Department review on September 7, 2001.
During this review period, staff was able to address a number of concerns that the applicant
incorporated into the Development Plan. The applicant submitted a Tentative Parcel Map
application and a Development Plan application on December 5, 2001. The applications were
deemed incomplete on January 3, 2002 and the applicant was notified of the items needed to
complete the application. The applications were deemed complete on April 22, 2002, and the
proposal is consistent with the provisions of the settlement agreement (Attachment 4).
PROJECT DESCRIPTION
Environmental
This project does not qualify for an exemption from CEQA review. An initial studywas prepared and
it was determined this project could have potentially significant impacts on the environment unless
mitigated. Therefore, a Mitigated Negative Declaration and a Mitigation Monitoring Program has
been prepared (Attachment 2).
Tentative Parcel Map
The applicant proposes to divide 32.6 acres into 14 parcels (12 for commercial uses and 2 for
residential uses) ranging in size from .21 acres to 11.91 acres. The combined acreage of the
commercial component is 11.9 acres and the combined acreage of the residential component is
20.7 acres. Three primary ingress/egress locations are identified, with a fourth, gated entryway near
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the easterly boundary for emergency vehicle access only. The Parcel Map also identifies a 20-foo