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HomeMy WebLinkAbout061003 CC AgendaIn compliance with the Americans with Disabilities Act. if you need special assistance to par[icipate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 10, 2003- 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 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: No. 2003-06 Resolution: No. 2003-64 CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Mayor Jeff Stone Melissa Cayalyub and Keri Horton Reverend Larry Koger of Hope Lutheran Church Councilman Roberts Comerchero, Naggar, Pratt, Roberts, Stone PRESENTATIONS/PROCLAMATIONS Community Action Patrol Presentation Amateur Radio Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter no.~t 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 ail Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. P,:~Agenda\061003 1 2 3 4 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of April 22, 2003 Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of April 30, 2003. R:~Agenda\061003 2 5 6 7 8 Approval of Election Resolutions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003 5.2 Adopt a resolution entitled: RESOLUTION NO, 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES Records Destruction Approval RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved records retention policy. Purchase of City Multi-Purpose Maintenance Truck RECOMMENDATION: 7.1 Approve the purchase of a multi-purpose maintenance truck from Spartan Truck Equipment, Inc. for $152,646.'19. Resolution adoptinq FY 2003/2004 Solid Waste Rates RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2003-2004 R:~Agenda\061003 3 9 10 11 12 Implementation of Special Tax - Measure C RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO, 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2003-2004 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS Tract Map No. 30681 (located on Puiol Street west of Sixth Street) RECOMMENDATION: 10.1 Approve Tract Map No. 30681 in conformance with the conditions of approval. Tract Map No. 30682 (located on Sixth Street south of Felix Valdez Road} RECOMMENDATION: 11.1 Approve Tract Map No. 30682 in conformance with the conditions of approval. French Valle,/Parkway/I-15 Overcressinq & Intemhan.qe - Proiect No. PW02-11 - Acquisition Aqreement between the City of Temecula and Joseph C. Harold Trust and Charles R. Hebard Trust RECOMMENDATION: 12.1 Approve and authorize the City Manager to execute in substantially the form attached hereto the PURCHASE AND SALE AGREEMENT BETWEEN CITY OF TEMECULA AND JOSEPH C. HAROLD AND CHARLES R. HEBARD, for the acquisition of certain real property in the amount of $1,286,768.00 plus the associated escrow fees; 12.2 Direct the City Clerk to record the document; 12.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR EASEMENT UPON REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 R:~Agenda\061003 4 13 Amendment No. 2 to Professional Services ARreement - Roripauqh Fire Station Desiqn - Proiect No. PW03-01 RECOMMENDATION: 13.1 Approve Amendment No. 2 to the Agreement with STK Architecture, Inc. for professional architectural services in an amount not to exceed $134,230.00 for final design, bidding, and construction support for the Roripaugh Fire Station and authorize the Mayor to execute the amendment; 13.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $18,432.00 which is equal to 10% of the agreement amount. 14 Authorized Temporary Street Closures for the Street Paintinq Festival in Old Town (Old Town Front Street between Third and Fifth Streets including Main Street between Murrieta Creek and Old Town Front Street RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 15 First Amendment to ARreement between City of Temecula and PELA for Landscape Plan Check and Inspection Services RECOMMENDATION: 15.1 Approve a contract amendment with PELA for landscape plan check and inspection services for a total contract amount of $97,000.00 16 Second Reading of Ordinance No. 03-05 (Prima Facie Speed Limit) RECOMMENDATION: 16.1 Adopt an ordinance entitled: R:~Agenda\061003 5 ORDINANCE NO. 03-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUL/~ AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FAClE SPEED LIMITS TO INCLUDE PECHANGA PARKWAY BETWEEN STATE ROUTE 79 (SOUTH) AND SOUTH CITY LIMITS, RAINBOW CANYON ROAD BETWEEN PECHANGA PARKWAY AND SOUTH CITY LIMITS, AVENIDA DE MlSSlONES BET~NEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, VIA RIO TEMECULA BETWEEN AVENIDA DE MlSSlONES AND REDHAWK PARKWAY, COUNTRY GLEN WAY BETWEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY, AND WINCHESTER ROAD BETWEEN DIAZ ROAD AND DENDY PARKVVAY RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~Agenda\061003 6 Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-09 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no. jt on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 27, 2003. 2 Award of Construction Contract for the Rancho California Sports Park ADA Access - Proiect No. PW02-06CSD RECOMMENDATION: 2.1 Award a construction contract to International Pavement Solutions, Inc. in the amount of $36,463.00 for the Rancho California Sports Park ADA Access - Project No. PW02-06CSD - and authorize the President to execute the contract; 2.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $3,646.30 which is equal to 10% of the contract amount. R:~,genda\061003 7 3 Professional Services Aqreement for TCSD Landscape Plan Check and Inspection Services RECOMMENDATION: 3.1 Approve a Professional Services Agreement with PELA, a landscape architectural firm, for TCSD landscape plan check and inspection services in the amount of $60,000 and authorize the Board President to execute the agreement. 4 Acceptance of Landscape Bonds and Agreements for Parcel Map No. 29535 - Roripau,qh Ranch RECOMMENDATION: 4.1 Accept the agreement and surety bonds from Ashby USA, LLC to improve the perimeter slopes and parkways along Murrieta Hot Springs Road within Parcel Map No. 29535. Landscape Maintenance Services Contract for all City facilities RECOMMENDATION: 5.1 Award a 36-month contract to American Landscape Management, Inc.; authorize the expenditure of $494,150.00 for landscape maintenance services for city sports parks and north slopes; and approve a 10% contingency for extra work items in the amount of $49,415.00. Contract term shall commence July 1, 2003 and continue through June 30, 2006; 5.2 Award a 36-month contract to Mariposa Horticultural Enterprises, Inc.; authorize the expenditure of $290,160.00 for landscape maintenance services to provide landscape maintenance services for neighborhood parks; and approve a 10% contingency in the amount of $29,016.00 for extra work items. Contract term shall commence on July 1, 2003 and continue through June 30, 2006; 5.3 Award a 36-month contract to Pierre Sprinkler and Landscape; authorize the expenditure of $386,820.00 for landscape maintenance services to provide landscape maintenance services for medians, facilities, and south slopes; and approve a 10% contingency in the amount of $38,682.00 for extra work items. Contract term shall commence on July 1, 2003 and continue through June 30, 2006. DISTRICT BUSINESS 6 Review and Adoption of the FY 2003-04 Annual Operatinq Budqet RECOMMENDATION: 6.1 Adopt a resolution entitled: R:~Agenda\061003 8 RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 24, 2002, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~,genda\061003 9 MEETING Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-10 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 27, 2003. AGENCY BUSINESS 2 Review and Adoption of the FY 2003-04 Annual Operating Budget RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~Agenda\061003 10 RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS Review and Adoption of the FY 2004-08 Capital Improvement Budqet for the Redevelopment ARency (RDA) RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2004-08 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2003-04 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 24, 2002, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\061003 11 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 17 Review and Adoption of the FY 2003-04 Annual Operatin,q Bud.qet RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 17.2 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 17.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2003-04 18 Review and Adoption of the FY2004-08 Capital Improvement Bud,qet RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2004-08 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2003-04 19 Planninq Commission Appointments RECOMMENDATION: 19.1 Appoint two applicants to serve on the Planning Commission for full three-year terms through June 4, 2006. R:~Agenda\061003 12 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, June 24, 2002, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\061003 13 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 22, 2003 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, March 25, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Roberts, Stone Councilmember: None The prelude music was provided by Madge and Chuck Griffing. INVOCATION The invocation was given by Pastor Ron Bolt of People's Church of the Valley. ALLEGIANCE The flag ceremony was presented by Councilman Comemhero. PRESENTATION/PROCLAMATIONS Water Awareness Month Proclamation Accepting the proclamation, Ms. Melanie Nieman, Director of Community Involvement for Eastern Municipal Water District, and Ms. Donna Powers, Public Information Specialist of Rancho California Water District, extended their appreciation for the proclamation and invited the Council and the public to the Community Water Festival on Saturday, May 3, 2003, at the Promenade Mall. Mental Health Month Proclamation In the absence of Ms. Joann Moore, Mental Health Board Member, Pastor Bolt accepted the proclamation. Certificates of Achievement to the Queen's Team, Shannon Jorqenson, and Effie Horninq Extending their appreciation to the City Council for the recognition, Ms. Jorgenson and Ms. Horning accepted the Certificates of Achievement. Certificate of Achievement to Arul Sanqani for winnin,q the 26th Annual Riverside County Arul Sangani accepted the Certificate of Achievement and apprised the City Council that he will be attending the National Spelling Bee in Washington, D.C. on May 28 and 29, 2003. R:\Minutes\042203 1 Certificate of Achievement for attaininR EaRle Scout A Certificate was presented to Zachary Duvall. PUBLIC COMMENTS A. Thanking the City Council for its continued support, Ms. Kathy Katz, 35125 Calle Nopal, representing the Temecula Valley Garden Club, invited the Council and the public to the Flower/Plant Sale on Saturday, April 26, 2003, at the Senior Center, noting that all proceeds will be donated to the School District gardens. She also advised that the Rose Society will be hosting a function at the Recreation Center the following weekend. B. Ms. Beverlee Stuart-Borok, 30476 Milano Road, President of the Temecula Valley Genealogical Society, invited the public to the Townhall Genealogical Open House on Monday, April 28, 2003, at 5:45 P.M. to 8:45 P.M., in the Community Room at the Temecula Library. CITY COUNCIL REPORTS A. Commending Community Services Director Parker and his staff on their expediency in coordinating the Military Dependents Support Day, Councilman Comerchero thanked the Community Services Department on a delightful event. B. In honor of the Pechanga Band Indian Tribe accepting the Great Oak Project into the Indian Trust and the reservation, Councilman Comerchero suggested that the City sponsor a commemorative event to express its support of the Pechanga's efforts and accomplishments. C. Councilman Roberts thanked Pastor Bolt for an inspirational invocation. D, Encouraging participation at his Community Forums, Councilman Pratt addressed various topics of discussion at these forums and advised of upcoming Forum dates and locations. CONSENT CALENDAR S~nda~ Ordinance and Resolution Adoption Pmcedure RECOMMENDATION: 1.1 Motionto waivethereading ofthe ~ ~allo~inancesand resolutionsincludedinthe agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 18, 2003; 2.2 Approve the minutes of March 25, 2003. R:\Minutes\042203 2 3 Resolution Approvin.cI List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 First Amendment to the Van Dorpe Chou Associates, Inc. Contract RECOMMENDATION: 4.1 Approve First Amendment to the Consultant Contract with Van Dorpe Chou Associates, Inc. for the amount of $8,305.00 and authorize the Mayor to execute the amendment. 5 Solicitation of Construction Bids and approval of the Plans and Specifications for Project No. PW03-04 - Installation of Battery Back-up System for Traffic SiRnals Utilizinq LED Modules - Citywide RECOMMENDATION: 5.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW03-04 - Installation of Battery Back-up Systems for Traffic Signals Utilizing LED Modules - Citywide. 6 A.qreement between City of Temecula and Iron Wok Restaurant RECOMMENDATION: 6.1 Execute an agreement between the City of Temecula and Iron Wok Restaurant, which stipulates the conditions for construction of an outdoor patio. 6.2 Adopt a resolution entitled: RESOLUTION NO. 03-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT WITH THE CITY OF TEMECULA AFFECTING REAL PROPERTY" BETWEEN THE CITY OF TEMECULA AND THE IRON WOK RESTAURANT R:\Minutes\042203 3 7 Award of Construction Contract for the Rancho California Road Bridqe Wideninq over Murrieta Creek Project- Project No. PW99-18 RECOMMENDATION: 7.1 Award a construction contract for the Rancho California Road Bridge Widening over Murrieta Creek Project to MCM Construction, Inc. in the amount of $3,994,119.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $399,411.90, which is equal to 10% of the contract amount. (Councilman Pratt advised that he would be voting no with regard to this item.) 8 Tract Map No. 23209 - Amendment No.1 to Subdivision Aqreement RECOMMENDATION: 8.1 Approve Amendment No. 1 to the Subdivision Improvement Agreement with Shea Homes for Tract Map No. 23209 Offsite Improvements. 9 Contractor Pre-Qualifications for the Community Theater Proiect - Project No. PW02-23 RECOMMENDATION: 9.1 Authorize the Department of Public Works to solicit and prequalify contractors to perform the work required for the Community Theater Project- Project No. PW02- 23. MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-6 and 8- 9 (Item No. 7 was pulled for separate discussion). The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. CONSENT CALENDAR ITEM NO. 7 CONSIDERED UNDER SEPARATE DISCUSSION 7 Award of Construction Contract for the Rancho California Road Bridqe Widenin.q over Murrieta Creek Project - Proiect No. PW99-18 RECOMMENDATION: 7.1 Award a construction contract for the Rancho California Road Bridge Widening o~,er Murrieta Creek Project to MCM Construction, Inc. in the amount of $3,994,119.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $399,411.90, which is equal to 10% of the contract amount. Advising that a staff report would not be necessary, Councilman Pratt advised that he would not be voting in support of this item. R:\Minu~s~42203 4 MOTION: Councilman Comerchero moved to approve Consent Calendar Item No. 7. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Pratt who voted n._Qo. At 7:35 M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City Council meeting, after a short recess, resumed with regular business at 8:00 P.M. PUBLIC HEARING 10 Appeal of the Planninq Commission's decision to deny Planninq Application No. 02-0567, a request for a findinq of Public Convenience or Necessity and a Minor Conditional Use Permit to operate a niqhtclub to include a type 48 liquor license, live music, dancinq, and other entertainment uses as outlined in the submitted statement of operations in a 4,860 square foot existin.q buildinq located at 28822 Old Town Front Street, Unit No. 203 - The Edqe Niqhtclub RECOMMENDATION: 10.1 Continue the public hearing to the meeting of May 13, 2003. MOTION: Mayor Pro Tem Naggar moved to continue this matter to the May 13, 2003, City Council meeting. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 11 Meadows Villa.qe General Plan Amendment (PA02-0272); Specific Plan Amendment (PA02- 0271); Development Plan (PA02-0273); Conditional Use Permit (PA02-0274) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030- 001 11.2 Introduce and read by title only an ordinance entitled: R:\Minutes\042203 5 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0272, A GENERAL PLAN AMENDMENT TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030-001 11.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0271, A SPECIFIC PLAN AMENDMENT FOR THE MARGARITA VILLAGE SPECIFIC PLAN TO AMEND THE LAND USE DESIGNATION OF PLANNING AREA 19 FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL AND AMENDING THE TEXT WITHIN THE SPECIFIC PLAN, FOR PROPERTY GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKVVAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030-001 11.4 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0273, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 48,372 SQUARE FOOT GROCERY STORE, A 13,217 SQUARE FOOT DRUG STORE, A 11,571 SQUARE FOOT RETAIL BUILDING, A 10,568 SQUARE FOOT SHOP BUILDING AND A 9,603 SQUARE FOOT RETAIL BUILDING, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030-001 11.5 Adopt a resolution entitled: R:\Minutes\042203 6 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CERTAIN PORTIONS OF PLANNING APPLICATION NO. 02-0274, A CONDITIONAL USE PERMIT TO PERMIT THE SALE OF ALCOHOL AT A 48,372 SQUARE FOOT GROCERY STORE AND AT A 13,217 SQUARE FOOT DRUG STORE; AND DENYING THAT PORTION OF PLANNING APPLICATION NO. 02-0274, WHICH WOULD ESTABLISH A DRIVE- THROUGH LANE AT THE 13,217 SQUARE FOOT DRUG STORE, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954-030-001 Written communication (of record) in support of and in opposition to the project was distributed to the City Council. As a nearby resident of the proposed project, Deputy City Manager Thornhill advised that he would not be participating in the upcoming discussions. Planning Director Ubnoske presented the staff report (as per agenda material); reiterated staff's recommendation for denial of the project; addressed community concerns with regard to the project; and referenced Planning Commission discussion, noting the following: · That the requested General Plan change from Neighborhood Commercial to Community Commercial would be inappropriate based on the size of the parcel (8.5 acres); · That there are currently nine other Community Commercial centers throughout the City, which parcels range in size from 10 acres to 50 acres; that of these nine centers, five are adjacent to other residential neighborhoods with setbacks from 104' to 923'; that the other four centers are located in commercial areas; · That the proposed grocery store (48,000 square feet) will be too big for the parcel; · That the proposed project would not be compatible with the surrounding residential neighborhood; · That the Neighborhood Commercial designation, as per the General Plan, would include smaller-scaled businesses (grocery stores less than 30,000 square feet in size); would be developed on less than 10 acres in size; and would be compatible in design and scale with adjacent residential uses; · That Community Commercial uses serve the entire community, generally comprised of developments located on sites between 10 to 50 acres; · That the proposed site would be more appropriate for Neighborhood Commercial uses, not Community Commercial uses; · That the residents expressed concerns relative to the following: o Size of the grocery store and its proximity to the neighboring homes o Noise associated with loading/unloading o Delivery hours o Truck traffic through residential neighborhoods o Decrease in property values o Building heights and impact on adjacent homes o Inconsistency with the City's existing General Plan and urbanization of the wine country · That the Planning Commission had determined that the site was suitable for a Community Commercial center, noting the following: R:\Minutes\042203 7 o That the grocery store would serve as a traffic mitigator by decreasing vehicle trips to other grocery stores o That because of the site's proximity to two major roads, the corner of Rancho California Road/Meadows Parkway would serve as a good location for this market That the Planning Commission focused on site design o On-site pedestrian orientation o Screening of trash enclosures o Location of loading/unloading areas o One-site amenities That the Planning Commission had recommended removal of the drive-through associated with the Sav-on market. In light of the Planning Department's recommendation for denial, Planning Commissioner Telesio relayed the Commission's reasoning for approval, noting the following: o That prior to City incorporation, this site was designated as a potential site for such development; that the site was designated as a Commercial site to serve the developed area; that the surrounding residents should have known that this site was to be developed o That with the exception of the allowable size of the grocery store, all other factors within the two designations (Community Commercial and Neighborhood Commercial) would be the same; that the proposed sized market would incorporate the allowable square footage on the parcel into one building o That the proposed market size would be compatible with current market sizes o That mitigation measures were requested by the Commission and offered by the developer. Because the Neighborhood Commercial Land Use designation would include smaller-scaled businesses, Councilman Roberts noted that approval of this project would result in a deviation of City's Land Use designation. At this time, the public hearing was opened. Providing background information, Mr. John Klement, Venture Point Development, applicant, commented on the following: · That the parcel has been recorded as 9.77 acres; · That smaller markets have been contacted but have not expressed an interest because of site layout and traffic counts; · That with the exception of the proposed size of the grocery store, the proposed project will be a fully conforming Neighborhood Commercial project; · That in 1998, the City amended its General Plan, changing the allowable square footage for a grocery store; · That demographic analysis indicated that a limited service market would not be interested in the proposed site and that there would be a need a full-service grocery store; · That he and his representatives have worked with the Planning Department staff on this particular project for the past two year in an effort create a complimentary design to the wine country, the neighborhood, and the City at large; · That the current designated would permit Neighborhood Commercial; · That the Neighborhood Commercial designation would permit the following and the following was proposed by the applicant: building coverage -- allowable 25%, proposed R:\Minutes\042203 8 22%; height--allowed 35', proposed 28'; setbacks to residential neighborhood - allowable a minimum of 25', proposed 60"+; · That 477 residents have signed a petition in support of the proposed center; · That he had attempted to meet with neighbors but that only two have chosen to meet with him; · That a detailed engineering study further verified that the proposed center would serve as a traffic mitigator; · That an ingress/egress delivery truck route would be imposed; that truck deliveries will between the hours of 7:00 A.M. and 9:00 P.M.; and that the hours of operation will conform with other businesses located on Rancho California Road (6:00 A.M. to midnight); · That the engineering study indicated that the noise level on Rancho California Road/Meadows Parkway is the predominant factor; that once fully built out, the center will operate under the allowable noise limit and far less than the traffic noise on Rancho California Road/Meadows Parkway; that the proposed center would actually mitigate noise concerns for the residents by blocking and shielding those impacts from the intersection; · that two right ingress and two right egress will be provided on Rancho California Road; that one left ingress will be provided on Rancho California Road with no controlled signalization; that one right ingress and one right egress will be provided on Meadows Parkway; and that one left egress will be provided on Meadows Parkway with no controlled signalization; · that the proposed Vons grocery store would function as a neighborhood grocery store versus a community grocery store. For Mayor Pro Tem Naggar, Mr. Klement advised that there will be two means of exiting the center, noting the following: to turn left and travel west on Rancho California Road as well as two means to turn right and travel east on Rancho California Road. For Councilman Comerchero, Mr. Hil Mercado, CB Richard Ellis, broker for the property, advised that, to his understanding, Vons would not be vacating its existing store on Rancho California Road with the opening of the proposed store and that the proposed center would function as a neighborhood center which would be anchored by a grocery store. Planning Director Ubnoske, for Mayor Stone, advised that the proposed size for the grocery store would not be in conformance with the City's General Plan; that from the beginning, staff had apprised the applicant of its concerns with regard to the size of the proposed store and had encouraged the applicant to reduce its size; that although to no avail, staff had as well encouraged the applicant to reorient the market in an effort to mitigate impacts to the adjacent residences; that the applicant did adjust the site plan in other areas but that staff would continue to have concern with the size and location of the proposed market. City Manager Nelson reiterated that communications, from the onset, he had received from Planning Department staff reflected staff's concern with regard to size and location of the proposed grocery store and, therefore, its nonconformance to the City's General Plan and staff's recommendation to the Planning Commission for denial. City Attorney Thorson concurred with the Planning Department staff that the proposed project would not be in conformance. The following individuals spoke in support of the proposed project: · Mr. Al Ogle 43053 Margarita Road R:\Minutes\042203 9 · Mr. Bob Crowther · Ms. Meredith Bryant · Mr, Pat Lindahl 41536 Yankee Road 41566 Code Pergamino 45660 Camino Rubi The above-mentioned individuals supported the proposed project for the following reasons: · That similar concerns were raised with regard to the Plaza del Sol Center but that those concerns never came to fruition; · That the proposed project has been well designed and well thought out; · That there is a need for the proposed project; · That at the time the residents purchased their homes, they were promised that certain services would be provided; · That it would be the City's responsibility to ensure the financial feasibility of this center and, therefore, a viable anchor such as Vons would be necessary; · That the construction of this center would be preferred over the current empty lot; · That residents could walk to the center · That the center could provide jobs to local teenagers and jobs that would be within walking distance · That the center would provide additional sales tax revenue to the City; · That although they are not present, there are many other neighboring residents in support of the proposed project. The following individuals spoke in opposition to the proposed project: · Mr. John Kelsey 41875 Code Lam · Mr. Joseph Shekoski 31999 Vineyard Avenue · Mr. Bert Obregon Los Angeles, California · Mr. Chuck Washington 31205 Kahwea Road · Ms. Deana Shaw 41721 Chablis Court · Ms. Marie Jewett 41651 Cypress Point Way · Ms. Pamela Stangl 31945 Camino Marea · Mr. David Hilliard 31805 Code Rosario · Ms. Jenifer Alvarado 41528 Riesling Court · Mr. Henry McKinney 41734 Chablis Court · Ms. Maria Paulson 41628 Zinfandel · Ms. Jodi Harris 41629 Code Higuera · Mr. Tony Harris 41629 Corte Higuera · Mr. Joe Rabbia 31905 Camino Marea · Mr. Meryle Hammatt 31550 Sunningdale · Ms. Ann Mays 41637 Monterey Place · Mr. Jim Mitchell 31550 Sunningdale · Ms. Pera Valasakos-Darmento 41665 Code Higuera · Mr. Paul Jacobs 32370 Code Zamora · Mr. Edward Cowan 32203 Code Carmela · Mr. Larry McKinney 41734 Chablis Court · Ms. Diana Gonzalez 31734 Paseo de las Olas · Ms. Julie Timm 41908 Code Valentine The above-mentioned individuals spoke in opposition to the proposed project for the following reasons: R:\Minutes\042203 10 · That the proposed center would be within close proximity of three existing major shopping centers; · That the proposed project would further impact current traffic speed and volume on Meadows Parkway; · That the proposed center would not be pedestrian friendly; · That the parcel should either be retained as Neighborhood Commercial or it should be rezoned for single-family residences; · That the proposed project would detrimentally impact the surrounding neighborhood; · That the traffic, study utilized for this project is inadequate, outdated, incomplete, and based on flawed assumptions; · That the proposed project would not conform with the City's current General Plan; · That it was relayed, at the time of purchase of his home, the area of discussion would be zoned for five-acre residential parcels, not commercial; · That the proposed center would create a safety concern for those children traveling to the neighboring school, commenting on delivery hours and delivery trucks; · That there would be constant noise from the center; · That the proposed center would be encroaching on the entrance to the wine country; · That no complaint has been expressed as to the lack of nearby grocery stores; · That the neighborhood ambience should be retained; · That the neighboring property values would be affected; · That the approval of the proposed center would not be in the best interest of the community. At 9:47 P.M., a short recess was taken and the Council reconvened to continue with the public hearing at 10:00 P.M. At this time, additional input was received from those residents speaking in opposition to the proposed project, as follows: · That the developer failed to communicate with the neighboring residents; · That no upzones should be approved; · That in light of existing landscape conditions on the site of discussion, the applicant currently is not a good neighbor; · That the current zoning was in place at the time the developer purchased the property in 1997; · That the proposed project would have impacts on the air pollution; · That approval of the proposed project would benefit the developer at the expense of the residents; · That the quality of life of the neighboring residents would be greatly impacted. A petition in opposition to the proposed project was presented to the City Clerk Jones. For Mayor Stone, Public Works Director Hughes advised that staff had reviewed the traffic analysis; that staff had requested additional items of information; that the information was presented by the applicant; that no information was present to require the completion of a new traffic study, noting that the Levels of Service are within acceptable limits; that any project on the proposed site will generate additional vehicle trips but that these trips would balance out other areas of the City; and that the Public Works Department staff was satisfied with the traffic study. In response to Mayor Pro Tem Naggar, Mr. Hughes advised that the Public Works Department staff's concern with regard to ingress and egress have been addressed, noting that staff's R:\Minutes\042203 11 primary concern was with regard to the driveway access on Meadows Parkway near the Rancho California Road intersection and that this driveway access was, therefore, eliminated; that anyone wishing to travel westbound on Rancho California Road would have to exit onto Meadows Parkway and proceed with a left turn onto Rancho California Road at the signalized intersection; and that he would not envision that this center would generate an attractiveness to use neighborhood streets. Applicant's Rebuttal Commenting on the downzoning which occurred in 1998, Mr. Klement advised that the neighboring residents are in support of a Neighborhood Commercial center and that the only deviation from this zone would be the allowable size of the grocery store, commenting on the benefits by allowing a larger market on the site of discussion. Commending the residents for their beneficial input, Councilman Comerchero addressed the following issues: · Close proximity to the wine country - that this project or any other project should be a beautification project, not a detraction from the gateway to the wine country; · Too many grocery stores - that studies were completed; · General Plan Conformance- designated as Neighborhood Commercial Mr. Comerchero noted that it would be the City Council's function to deal with the City as a whole and that certain uses in certain locals will create a traffic mitigator; that it is evident that the proposed project would not be conforming to the City's General Plan; that the City has accused the County of not adhering to its General Plan; that the City will not deviate from its General Plan; that although, there may be sufficient reasons for the construction of a grocery stores of the proposed size, the project would not adhere to the General Plan. Although the Development Code provides specific as well as target guidelines, Mayor Pro Tem Naggar stated the following: that the Development Code is no a guarantee to construct; that other issues such as constraints, traffic, and safety must be taken into consideration; that a 60' setback, such as proposed, would be unacceptable; that the proposed use would not be compatible with the adjacent land uses; that he would encourage better communication between the developer and the residents; that he would have no concern with the distance of the nearest existing grocery stores; that a Neighborhood Commercial center would be appropriate for this particular site; that a Growth Management Plan would encourage deintensification from the center of town; that the proposed project would intensity this area; and that he would have concerns with regard to ingress/egress. In closing, Mr. Naggar advised that, as City Council Liaison to the Planning Commission, he quarterly meets with the Commission Chairman and Vice Chairman to address noted concerns. City Attorney Thorson advised that the City Council will have to take action on two resolutions of denial (Development Plan and Conditional Use Permit) which will be placed on Consent Calendar at the Council's next agenda. With regard to the proposed project, Councilman Roberts relayed concerns and noted the following · Truck traffic and associated air pollution · Consistency with the City's General Plan R:\Minutes\042203 12 · That a 48,000 square foot grocery story would not fit within the buildable are of 8.49 acres, especially with a 60' setback · That a market of the proposed size would not be compatible with the entrance to the wine country. Echoing comments made by Councilmembers Comerchero and Naggar, Councilman Pratt encouraged the adherence to the City's General Plan. Thanking the developer for his efforts associated with this project, Mayor Stone noted that although he could support the design of the project, the size of the property, in his opinion, would be too small to warrant a project as proposed; that he does not recall a time when the City Council had deviated from the General Plan and had approved an upzone; that the City has actually decreased its densities; that the overwhelming opposition to this center could potentially impact the center's viability; that any project on the site of discussion will create increased traffic demands; that in an effort to control the current speed, it was requested that the traffic trailer be placed on Meadows Parkway; that in light of the County's continued upzoning of properties; the City will ensure that the wine country will remain a wine country; that it would be the responsibility of the City Council to ensure public safety but that it would not be the City's responsibility to ensure economic viability; that he would encourage better communication between the developer and the residents; and that the current guideline in the General Plan for a 25' setback between a commercial building and a residence will be addressed. MOTION: Mayor Pre Tem Naggar moved to deny the project. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. COUNCIL BUSINESS 12 Desiqnation of Votin,q Deleclate for a Special MeetinR of the Lea,clue of California Cities General Assembly RECOMMENDATION: 12.1 Designate a voting delegate and an alternate. MOTION: Councilman Comerchero moved to designate Councilman Roberts as the voting delegate and to designate himself as the alternate. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATI'ORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that there were no reportable actions. R:\Minutes\042203 13 ADJOURNMENT At 1'1:21 P.M., the City Council meetinG was formally adjourned to Tuesday, May 13, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\042203 14 ITEM 3 RESOLUTION N°. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,375,052.25. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 10th day of June, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2003/Resos 03- 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. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of June, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 05/22J03 TOTAL CHECK RUN: 08/29/03 TOTAL CHECK RUN: 06/22/03 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 06/10/0~ COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AG ENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: SHAWN NELSON, CITY MANAGER $ 1,898,646.98 183,442.13 305,963.14 $ 2,375,052.25 1,743,763,87 12,029.55 140,756.30 28.58 48,597.74 366.06 65,271.95 216,721.00 4,568.24 53,547.34 109.76 4,974.31 760.14 1,985.40 993.20 14,478.72 1,637.63 6,187.10 $ 2,069,089.11 305,963.14 $ 2,375,082.25 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOW lNG IS TRUE AND CORRECT. apChkLst Final Check List Page: 11 05/22/2003 10:14:56AM CITY OF TEMECULA 159 checks in this report. Grand Total All Checks: 1,885,646.98 Detail 05/22]2003 001 1,582,573.15 165 9,3O2.05 190 131,806.13 192 28.58 193 47,353.85 194 366.06 195 1,470.00 210 58,988.92 280 7,433.74 300 4,217.97 320 33,055.41 330 4,402.57 340 4,648.55 $1,885,646.98 Page:l 1 apChkLst Final Check List Page: 1 05/22/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date 123 05/22/2003 124 05/22/2003 125 05/22/2003 126 05/22/2003 127 05/22/2003 84262 05/20/2003 84263 05/22/2003 84264 05/22/2003 84265 05/22/2003 84266 05/22/2003 84267 05/22/2003 84268 05/22/2003 84269 05/22/2003 84270 05/22/2003 Vendor Description Amount Paid 000389 U S C MWEST (OBRA), 001065 NATIONWIDE RETIREMENT SO OBRA - Project Retirement Payment Nationwide Retirement Payment 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pymt 000444 INSTATAX (EDD) 000283 INSTATAX (IRS) State Disability Ins Payment Federa[ Income Taxes Payment 002857 ORANGE COAST TITLE COMPA Purchase open space (Roripaugh) 001104 ARMA 004524 ABSOLUTE ASPHALT INC 000434 ACCELA.COM Membemhip: Jones, S & Flores, G Asphalt Supplies: PW Permits Plus Cf:7/27-31:FIRE/IS 004240 AMERICAN FORENSIC NURSES DUI Blood Draws: Potice Dept DUI Blood Draws: Potice Dept 005942 ANDY'S BLIND REPAIR Station 84~Blind Repair 000101 APPLEONE, INC. 003203 ARTISTIC EMBROIDERY Temp help PPE 05/03/03 Oelarm Temp help PPE 05/03/03 Nicole Kiss Temp help PPE 05/03/03 Lee Casual Day Uniform Shirts: Police 006300 ASSOCIATION OF AMERICAN Membership: John DeGange ~ 2,156.72 16,455.50 48,914.71 13,364.05 58,449.54 1.00 390.00 784.42 1,200.00 216.00 24.00 563.53 624.00 604.50 549.25 224.12 137.00 84271 05/22/2003 006136 BECHTEL PROPERTY SERVIC 84272 05/22/2003 002377 BEST BUY COMPANY INC 84273 05/22/2003 004262 BIO-TOX LABORATORIES Res Imp Prgm: Brown, E&K 2 Digital Cameras: Fire Battalion DUI:Drug/Alcohol Screening svc:Po]i DUI:Drug/Alcohol Screening svc:Poli 1,160.00 1,544.40 811.20 146.30 Check Total 2,156.72 16,455.50 48,914.71 13,364.05 58,449.54 1.00 390.00 784.42 1,200.00 240.00 563.53 1,777.75 224.12 137.00 1,160.00 1,544.40 957.50 Page:l apChkLst Final Check List Page: 2 05122/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84274 05/22/2003 84275 05/22/2003 84276 05/22/2003 84277 05/22/2003 84278 05/22/2003 84279 05/22/2003 84280 05/22/2003 84281 05/22/2003 84282 05/22/2003 84283 05/22/2003 84284 05/22/2003 84285 05/22/2003 84286 05/22/2003 84287 05/22/2003 84288 05/22/2003 84289 05/22/2003 84290 05/22/2003 006292 BUTrERWEGGE, JUDE 006296 CACERES, ANGELA 004248 CALIF CEPT OF JUSTICE/ACCT 005384 CALIFORNIA BAGEL BAKERY & 000387 CAREER TRACK SEMINARS 000131 CARL WARREN & COMPANY I 000137 CHEVRON U S A INC 006286 CHRISTMAN COMPANY 005417 ClNTAS FIRST AID & SAFETY 003151 COMMERCIAL TRANSPORTATI 004405 COMMUNITY HEALTH CHARI 001193 COMP U S A INC 002756 COMPLETE EMBROIDERY DES 006288 COOPER, CANDY 002900 DANIEL MANN JOHNSON 004569 DAVID TAUSSIG & ASSOCIATE 003006 DEWITT CUSTOM PAINTING 84291 (Continued) Description Refund: Tiny Tots-Creative Beg Exemise: Prenatal Yoga Mar public fingerprinting info svcs Refreshments: PD Recognition Self-Discipline Conf:6/12:Simpskins Self-Discipline Conf:6/12:Ching Claim adjuster services Claim adjuster services Fuel expense for city vehicles Refund:Grading Depst:TM3334 lot10 First Aid Supplies: Skate Park PW Staff "Class A" Drivers tmg Community Health Charities Payment HP Digital Cameras & Desks Omni Webmaster software Baseball Style Caps:Police Dept. Refund: Tennis-Beg Adult Dec-Mar svcs:Pala Rd Imp PW99-11 Debit: deducted amount in error Special Tax Consulting: Butterfield CF Res Imp Prgm: Sotomayor 05/22/2003 000684 DIEHL EVANS & COMPANY LLP FY 2002 Audit Svcs: City Credit:Ovrchg RDA indebtedness Amount Paid 21.25 48.00 384.00 1,987.50 149.00 149.00 3,527.33 146.12 265.92 1,026.76 51.61 3,637.50 173.50 2,452.54 591.51 678.83 55.00 28,491.92 1,156.34 225.00 2,250.00 10,000.00 -100.00 Check Total 21.25 48.00 384.00 1,987.50 298.00 3,673.45 265.92 1,026.76 51.61 3,637.50 173.50 3,044.05 678.83 55.00 29,648.26 225.00 2,250.00 9,900.00 Page2 apChkLst Final Check List Page: 3 05/22/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 84292 05/22/2003 004192 DOWNS COMMERCIAL FUELI 84293 05/22/2003 001380 E S I EMPLOYMENT SERVICES 84294 05/22/2003 002390 EASTERN MUNICIPAL WATER Amount Paid Fuel for city vehicles: 61343 Fuel for city vehicles: 61353 Temp help PPE 5/2/03 Heer Temp help PPE 05/02/03 Rush Temp help PPE 05/02/03 Kanigowski Temp help PPE 05/02/03 Novotny Temp help PPE 05/02/03 McClanahan Temp help PPE 5/2/03 Montecino Temp help PPE 5/2/03 Seng Temp help PPE 05/02/03 Bragg Temp help PPE 04/18/03 Pena Temp help PPE 05/02/03 Pena Temp help PPE 04/18/03 McClanahan 95366-02 Diego Dr Ldscp 531.99 501.28 2,427.49 1,908.00 1,410.40 1,194.27 1,176.80 1,109.60 1,088.54 944.46 890.24 855.47 764.92 162.33 Check Total 1,033.27 13,770.19 162.33 84295 05/22/2003 003665 EMERITUS COMMUNICATIONS Apr long distance phone 208.75 208.75 84296 05/22/2003 84297 05/22/2003 005251 EQUIPMENT REPAIR SERVICE 000164 ESGIL CORPORATION Mobile Equip Repair Svcs:PW Mobile Equip Repair Svcs:PW April Plan check svcs:B&S 439.85 261.45 7,122.08 701.30 7,122.08 84298 05/22/2003 006299 ESPANOL, DENISE Refund: Ovrpmt on Citation 47405 50.00 50,00 84299 05/22/2003 84300 05/22/2003 001056 EXCEL LANDSCAPE 004464 EXXONMOBIL CARD SERVICES Apr Ldscp svcs:City Wide Credit: Chrged for P-21 Ldscp svcs Fuel expense for City vehicles 97,608.00 -1,130.00 420.31 96,478.00 420.31 84301 05/22/2003 000165 FEDERAL EXPRESSINC Express mai[ services 122.32 122.32 84302 05/22/2003 84303 05/22/2003 84304 05/22/2003 001511 FIELDMAN ROLAPP & ASSOClA 003347 FIRST BANKCARD CENTER 001135 FIRST CARE INDUSTRIAL MED Financial Advisor:Crown Hill Financial svcs:Wolf Creek CFD Financial Advisor: Butterfield Stage xx-5288 Jones:Accela Cf:Supplies:Pa xx-4117 Hughes:Mtgs:RC Widen[Bird xx-0902 O'Grady News article:CALED xx-3083 Naggar:Prof Mtg Apr 1-18 Empl physicals & drug tests Apr 21-28 Empl physicals & drug tests 2,338.26 1,329.30 669.80 2,936.70 1,475.77 385.98 42.93 225.00 160.00 4,337.36 4,841.38 385.00 Page3 apChkLet Final Check List Page: 4 05122/2003 16:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84305 05/22/2003 84306 05/22/2003 84307 05/22/2003 84308 05/22/2003 84309 05/22/2003 84310 05/22/2003 84311 05/22/2003 004239 FISHER MERRIMAN SEHGAL 002982 FRANCHISE TAX BOARD 000177 GLENNIES OFFICE PRODUCTS 004019 GOLDEN STATE FENCE COMP 000711 GRAPHICS UNLIMITED LITHOG 001609 GREATER ALARM COMPANY I 004811 HEWLETT PACKARD 84312 05/22/2003 84313 05/22/2003 84314 05/22/2003 004755 HIGHER INTEGRITY PAINTING 005748 HODSON, CHERYL A. 003198 HOME DEPOT, THE (Continued) Description Amount Paid Check Total Architectural Design: Old Twn Theater State Withholding Payment 704.80 704.80 34.83 34.83 Office Supplies: TCC Install iron gate @ CRC 4th of July Logo artwork Alarm Monitoring 6/1-8/31 :Sub-Stn 600.84 600.84 8,850.00 8,850.00 122.84 122.84 66.00 66.00 3 Tablet Computers: IS Laptop for WSCA Fac Imp Prgm: AIIbright At Last Support Payment Res impr prgm: Free, Noah & Erin 7,990.74 7,421.82 2,134.52 17,547.08 2,800.00 2,800.00 16.53 16.53 1,867.07 1,867.07 84315 05/22/2003 84316 05/22/2003 84317 05/22/2003 84318 05/22/2003 84319 05/22/2003 84320 05/22/2003 84321 05/22/2003 84322 05/22/2003 000194 I C M A RETIREMENT TRUST 45 ICMA Retirement Payment 001123 INDUSTRIALDISTRtBUTIONGR MiscSuppliesP~VMaintDiv Misc. Supplies PW Maint Div 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 002140 JAGUAR COMPUTER SYSTEMS Annual software maint, contract 003046 K F R O G 95.1 FM RADIO 006294 KARNEY, JUDYTH 006298 KEYE PRODUCTIVITY CENTER 000548 KIPUNGER CALIFORNIA LETTE Radio broadcast Dixieland Refund: Beginning Photography Front Desk Take Chrg Cf: KS & AM 1 yr Subscription: Naggar 6,753.60 6,753.60 1'99.90 116.89 316.79 419.35 419.35 2,639.88 2,639.88 1,000.00 1,000.00 85.00 85.00 298.00 298.00 58.00 58.00 Page~ apChkLst Final Check List Page: 5 05/22/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84323 05/22/2003 84324 05/22./2003 84325 05/22/2003 84326 05/22/2003 84327 05/22/2003 84328 05/22/2003 84329 05/22/2003 84330 05/22/2003 001719 L PAINC 002519 LAB SAFETY SUPPLY INC 006297 LASER, KAREN 002863 LAWSON PRODUCTS INC 000210 LEAGUE OF CALIF CITIES SAC 003286 LIBRARY SYSTEMS & SERVICE 003726 LIFE ASSIST INC 004087 LOWE'S 84331 05/22/2003 003782 MAIN STREET SIGNS 84332 05/22/2003 004141 MAINTFXINC 84333 05/22/2003 004068 MANALILI, AILEEN (Continued) Description Amount Paid Reimbursable items for Library grant Misc. supplies PW Maint Refund: Gymnastics-Cheerleaders Misc. parts & supplies: PW Misc. parts & supplies: PW 2002 Calif Muni Law Handbook Rate Adj. library system agrmt Paramedic squad supplies: Fire Res Impr Prgm: Free, Noah & Erin Various signs/hardware supplies Qty 15 stop signs Custodial supplies for CRC TCSD Instructor Earnings 206.14 1,358.50 72.00 290.93 56.19 75.00 99.51 806.35 1,479.84 1,149.06 1,115.21 203.52 644.00 84334 05/22/2003 001967 MANPOWERTEMPORARY SER Temp help w/e 5/04 Dankworth Temp help w/e 4/27 Dankworth 84335 05/22/2003 002666 MASON & MASON REAL ESTA Appraisal Svcs:apn xxx-008 Appraisal svcs:apn xxx-006 84336 05/22/2003 006295 MEHRDADFAR, CHRISTINE Refund:Flower Design 84337 05/22/2003 004894 MICHAEL BRANDMAN ASSOCIA Mar Eng svcs:Pala Rd Imprv 84338 05/22/2003 004951 MIKE'S PRECISION WELDING I 84339 05/22/2003 004208 MILANOS 84340 05/22/2003 001384 MINUTEMAN PRESS Repair: CRC pool water slide Refreshmenls: Council mtg:5/13/03 Business Cards:Tem. Police/6 staff 745.87 594.00 5,500.00 5,500.00 75.00 3,906.98 875.00 170.35 256.98 Check Total 206.14 1,358.50 72.00 347.12 75.00 99.51 806.35 1,479.84 2,264.27 203.52 644.00 1,339.87 11,000.00 75.00 3,906.98 875.00 170.35 256.98 Page5 apChkLst Final Check List Page: 6 05/22/2003 10:14:56AM CITY OF TEMECULA Check # Bank: union UNION BANK OF CALIFORNIA Date Vendor 84341 05/22/2003 84342 05/22/2003 84343 05/22/2003 84344 05/22/2003 001892 MOBILE MODULAR 000883 MONTELEONE EXCAVATING 006287 MURPHY, MELISSA (Continued) Description May modular bldg rental:Fire Stn 92 Road Grading of Svcs Level "R' Areas Refund:Tiny Tots - Creative Beg. 004490 MUSCO SPORTS LIGHTING INC Add'l switch for pool lights:C.H.S. Light fixture upgrade kits 84345 05/22/2003 005631 N E E C B.O.C. prgm:Sep-Mar:K.Harrington 84346 05/22/2003 006204 NANNETTE & HER HOTSY TOT Entertainment for Jazz Festival 84347 05/22/2003 000727 NATIONAL FIRE PROTECTION Misc publications:Fire Prey:#128648 84348 05/22/2003 003964 OFFICE DEPOT BUSINESS SVS Cable for P.D. Storefront Stn 84349 05/22/2003 004473 OLD TOWN TEMECULA Entertainment for Western Days 84350 05/22/2003 002105 OLD TOWN TIRE & SERVICE City Vehicle maint/re )a~r svcs: PW City Vehicle maint/r63air svcs: PW City Vehicle maint/r~ 3air svcs: PW City Vehicle maint/r6 3a~r svcs: PVV City Vehicle maint/r6 3a~r svcs: PW City Vehicle maint/r6 ~a~r svcs: PW City Vehicle maint/r~ ~a~r svcs: PW City Vehicle maint/r6 ]air svcs: ~ Entertainment for Western Days 003299 OLDER THAN DIRT GANG Entertainment for Western Days 001171 ORIENTALTRADINGCOMPANY Supplies for Fly a Kite Day 84356 05/22/2003 84351 05/22/2003 004491 OLD TYME FOLK 84352 05/22/2003 84353 05/22/2003 84354 05/22/2003 005656 PAPA 84355 05/22/2003 000733 PARTY PZAZZ 003218 PELA Pesticide AppL Sem: 7/9/03 Rental of linens for Council workshop Apr TCSD plan check svcs Amount Paid 777.95 1,470.00 30.00 2,142.06 1,141.38 950.00 600.00 1,586.77 11.96 800.00 285.98 237.17 157.54 80.60 77.37 22.42 19.19 19.19 200.00 200.00 327.80 55.00 60.83 7,708.00 Check Total 777.95 1,470.00 30.00 3,283.44 950.00 600.00 1,586.77 11.96 800.00 899.46 200.00 200.00 327.80 55.00 50.83 7,708.00 Page~ apChkLst Final Check List Page: 7 05/22/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date 84357 05/22/2003 84358 05/22/2003 84359 05/22/2003 84360 05/22/2003 84361 05/22./2003 84362 05/22/2003 84363 05/22/2003 84364 05/22/2003 84365 05/22/2003 84366 05/22/2003 84367 05/22/2003 84368 05/22/2003 (Continued) Vendor Description 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 004790 PETER D BRANDOW & ASSOCI 000249 PETTY CASH 005124 PHENIX TECHNOLOGY Reimbursable expenses:79S sidewalk Petty cash reimbursement Helmets w/goggles for Fire Explorers 000254 PRESS ENTERPRISE COMPAN AprfullpageadforRCIP:Council 005075 PRUDENTIAL OVERALL SUPPL Uniforms:TCSD Maint Crews 004792 R H A LANDSCAPE ARCHITECT Consultant svcs:Vail Ranch Park site 000981 RHFINC 004029 R J M DESIGN GROUP INC 002612 RADIO SHACK INC 000262 RANCHO CALIF WATER DIST 000947 RANCHO REPROGRAPHICS Repair/maint P.D. radar equipment Mar dsgn svcs:Wolf Crk Sports Misc Computer Supplies Misc Computer Supplies Various water meters 84369 05/22/2003 004506 RAZZ. BERRY BLUES 84370 05/22/2003 004483 RECREONICS INC 84371 05/22/2003 004584 REGENCY LIGHTING Dupl. blueprints:RCSP ADA Access Dupl. blueprints:pavement rehab. Dupl. blueprints:pavement rehab Enter[ainment for Dixieland Jazz Racing Lane:Aquatics Prgm Aquatics equipment Electrical supplies for West Wing Electrical supplies for West Wing 84372 05/22/2003 002110 RENTAL SERVICE CORPORATJ Misc. Rental Equipment for PW Misc. Rental Equipment for PW 84373 05/22/2003 000266 RIGH'~NAY Rental Equip: Long Cyn Crk Park 84374 05/22/2003 000418 RIVERSIDE CO CLERK & Mar copies & recording fees Amount Paid 227.08 48.06 263.23 711.15 7,928.70 755.40 12.91 133.21 7,708.82 129.28 26.15 6,245.43 51.66 28.84 5.39 200.00 3,434.96 918.59 256.73 89.99 9.86 8.14 54.39 CheckTotal 227.08 48.06 263.23 711.15 7,928.70 755.40 12.91 133.21 7,708.82 155.43 6,245.43 85.89 200.00 4,353.55 346.72 18.00 54.39 19.00 Page2 apChkLst Final Check List Page: 8 05/22/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84375 05/22/2003 000418 RIVERSIDE CO CLERK & 84376 05/22/2003 843~7 05/22/2003 84378 05/22/2003 84379 05/22/2003 84380 05/22/2003 84381 05/22/2003 84382 05/22/2003 84383 05/22/2003 84384 05/22/2003 84385 05/22/2003 (Continued) Description Apr aperture card duplicates 000267 RIVERSIDE CO FIRE Jan-Mar 2003:fire services 000406 RIVERSIDE CO SHERIFFS DEP 3/06-4/02/03:lawenforcement FY 02/03 Field Training/New Deputies 001365 RIVERSIDE COUNTY OF Renew permit:T.E.S, pool 003587 RIZZOCONSTRUCTION INC C/O#1 prat compoter room expansion 000277 S & S ARTS & CRAFTS INC Supplies for Fly a Kite Day:5/18/03 001942 S C SrGNS Apr posting public notices:Planning Feb-Apr post public ntcs:City Clerk Feb-Mar posting public ntcs:Planning 005018 SACHER, SUZANNE L. TCSD Instructor Earnings 005227 SAN DIEGO COUNTY OF Support Payment 002285 SCANTRON CORPORATION Scantron forms for Inspections 004562 SCHIRMER ENGINEERING COR Apr Fire plan check svcs 84386 05/22/2003 006293 SEA BREEZE POOLS, iNC. 84387 05/22/2003 004609 SHREDFORCE INC 84388 05/22/2003 003766 SMALL, SANDRA K. 84389 05/22/2003 000645 SMART & FINAL INC 84390 05/22/2003 003002 SMOOTHILL SPORTS DISTRIB 84391 05/22/2003 000537 SO CALIF EDISON Refund: permit:44338 Nighthawk Pass May document shredding services TCSD instructor earnings Rec Supplies for TCC Rec supplies for Sr Ctr Skate Park Safety Equipment Apr 2-00-397-5059 various mtrs May 2-19-999-9442 various mtrs May 2-24-817-8717 Old Kent Prk May 2-24-628-8963 Btrfld Stage Amount Paid 13.20 487,064.62 730,723.87 128,160.00 220.00 2,277.00 147.15 1,365.00 845.00 650.00 273.40 107.00 924.02 800.00 271.24 110.00 308.00 128.99 73.23 1,128.83 6,709,67 1,993.37 211.26 29.39 Check Total 13.20 487,064.62 858,883.87 220.00 2,277.00 147.15 2,860.00 273.40 107.00 924.02 800.00 271.24 110.00 308,00 202.22 1,128.83 8,943.69 Page~ apChkLst Final Check List Page: 9 05/22/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Chock # Date Vendor Description 84392 05/22/2003 001212 SO CALIF GAS COMPANY 84393 05/22/2003 006221 SOUTH BAY FOUNDRY INC. May 091-024-9300-5 CRC var City facilities gas meters Catch basid/Storm Drain Lids 84394 05/22/2003 004247 STERICYCLE INC Medical waste collection svcs 84395 05/22/2003 84396 05/22/2003 84397 05/22/2003 003840 STRONGS PAINTING 000574 SUPERTONER 002224 SYNDISTAR INC Paint water slide @ CRC Printer maint & repair svcs Printer maint & repair svcs Fire prevention promos/training items 84398 05/22/2003 84399 05/22/2003 000305 TARGET STORE Aquatics supplies Rec supplies for Sr Ctr 005985 TECHNOLOGY INTEGRATION G Printer Toner Cartridges 84400 05/22/2003 006285 TEMECULA BUILDING CO., INC. Refund: Eng. Deposit:42142 Roick Dr. 84401 05/22/2003 000309 TEMECULA COPIERS Apr usage costs:B/W copiers 84402 05/22/2003 84403 05/22/2003 000307 TEMECULA TROPHY COMPAN 003849 TERRYBERRY COMPANY Recognition Pens w/Tern. Police Logo Proclamations/Achievement Cert. hol EE RECOGNITION AWARD:DE LUN 84404 05/22/2003 84405 05/22/2003 000668 TiMMY D PRODUCTIONS INC 003715 TMT-PATHWAY, LLC Depst: Entertainment Svcs:4th of July Entertainment/Sound Tech:Military Da D.J. svcs for Band Jam: 5/16/03 Stencil Paint for PW Stencil Truck 84406 05/22/2003 003366 TORAN DEVELOP. & CONSTRU Sand/Seal Boardwalks: Old Town 84407 05/22/2003 005567 TOTL GEAR LLC White sweatshirts: aquatics uniforms 84408 05/22/2003 003031 TRAFFIC CONTROL SERVICE I 84409 05/22/2003 000325 UNITED WAY Traffic Control Supplies for PW Traffic Control Supplies for PW United Way Charities Payment Amount Paid 2,509.42 265.29 452.49 69.50 2,600.00 90.86 65.00 1,314.00 180.52 74.06 193.95 995.00 3,824.77 570.00 393.29 61.90 5,000.00 2,000.00 150.00 8,026.33 35,000.00 1,541.90 167.55 129.30 253.30 Chock Total 2,774.71 452.49 69.50 2,600.00 155.86 1,314.00 254.58 193.95 995.00 3,824.77 963.29 61.90 7,150.00 8,026.33 35,000.00 1,541.90 296.85 253.30 Page9 apChkLst Final Check List Page: 10 05/22/2003 10:14:56AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 84410 05/22/2003 004261 VERIZON CALIFORNIA 84411 05/22/2003 004279 VERIZON CALIFORNIA INC. 84412 05/22/2003 004861 VON RICHTER, POLLY Amount Paid May xxx-5072 general usage May xxx-0073 general usage May xxx-0074 general usage May xxx-1603 City Hall May xxx-3564 AIanm May xxx-8573 general usage May xxx-3923 Stone Credit:Incorrect bill rate Apr access-CRC phone svcs Apr access-n/sd co phone svcs Reimb: League Legislative Update 3,338.65 997.68 258.68 89.31 56.29 32.85 27.49 -3,557.18 349.12 272.75 91.74 Check Total 1,243.77 621.87 91.74 84413 05/22/2003 002109 WHITE CAP INDUSTRIES INC Misc supplies for PW 26.44 26.44 84414 05/22/2003 003756 WHITE HOUSE SANITATION May cleaning svcs:Btrfld Stage 50.00 50.00 84415 05/22/2003 005125 WINDSHIELD PROS Windshield replacement: fire vehicle 250.11 250.11 Sub total for UNION BANK OF CALIFORNIA: 1,885,646.98 Page:10 apChkLst Final Check List Page: 6 05~29~2003 10:11:04AM CITY OF TEMECULA 65 checks in this report. Grand Total All Checks: 183.442.13 Detail 05/29/2003 001 161,190.72 165 2,727.50 190 8,949.17 193 1,243.89 210 6,283.03 280 75.55 320 2,860.13 330 33.98 340 78.16 183,442.13 Pages apChkLst Final Check List Page: 1 05/29/2003 10:11:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84416 05/27/2003 84417 05/27/2003 84418 05/27/2003 84419 05/27/2003 84420 05/27/2003 84421 05/27/2003 84422 05/27/2003 84423 05/29/2003 84424 05/29/2003 84425 05/29/2003 84426 05/29/2003 84427 05/29/2003 84428 05/29/2003 84429 05/29/2003 84430 05/29/2003 84431 05/29/2003 84432 05/29/2003 003376 ARTS COUNCIL, THE 000310 TEMECULA CREEK INN INC Description add'l fund:Spr Concert on the Green Room RentakLeague Conf:5/29/03 004432 ALBERTSONS GROCERY STOR Refreshments:League Conf:5/29/03 003091 CALLAWAY VINEYARD & WINE 003203 ARTISTIC EMBROIDERY 001197 CHOCOLATE FLORIST, THE 006304 RODA VIVA 004148 AT&T 000745 A T & T WIRELESS SERVICES 005288 ADAMS, GREG 002877 ALTA LOMA CHARTER LINES 000101 APPLEONE, INC. Refreshments:League Conf:5/28/03 promo items:League Conf:5/28/03 supplies for League conf:5/28/03 Refreshments:League Conf:5/31/03 Long distance svcs: P.D. May intemet svcs for fire tablets Reimb:EMS Fire Rescue Med Cf:5/3 CRC Long Beach Aquarium Temp help PPE 5/10 Hilgesen/Kissam Temp help PPE 05/10/03 S. Delarm Temp help PPE 5/10/03 S. Lee 002541 BECKER CONSTRUCTION SRV Wheelchair Ramp- Vail Ranch Pkwy Citywide AC Saw Cutting 006307 BOYD, CLIFF 004621 C-18 INC 001267 CALIF DEPT OF MOTOR 004971 CANON FINANCIAL SERVICES, Reimb:CAFAA Fire Alarm Class:5/4 Street Striping prgm Vehicle Registration: City Mgr. Station 73-Copier Service Amount Paid 7,500.00 2,564.80 1,062.30 4,369.26 2,684.86 169.50 1,477.60 67.65 201.99 367.11 465.16 630.50 624.00 520.00 3,340.00 2,340.00 171.09 87,268.93 196.00 149.77 Check Total 7,500.00 2,564.80 1,062.30 4,369.26 2,684.86 169.50 1,477.60 67.65 201.99 367.11 465.16 1,774.50 5,680.00 171.09 87,268.93 196.00 149.77 Page:l apChkLst Final Check List Page: 2 05/29/2003 10:11:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84433 05/29/2003 84434 05/29/2003 84435 05/29/2003 84436 05/29/2003 84437 05/29/2003 84438 05/29/2003 84439 05/29/2003 84440 05/29/2003 84441 05/29/2003 84442 05/29/2003 84443 05/29/2003 84444 05/29/2003 84445 05/29/2003 84446 05/29/2003 84447 05/29/2003 84448 05/29/2003 (Continued) 004837 CHERRY VALLEY FEED & PET 005417 CINTAS FIRST AID & SAFETY 004017 COMERCHERO, JEFF Description Police K-9 food & supplies Tern Skate Pk-First Aid Supplies Reimb:CAPIO Awards:4/24-25/03 002147 COMPLIMENTS COMPLAINTS & Family Fun Night 5/23/03-Magic Show 004123 D L PHARES &ASSOCtATES June Lease Police Satellite Office 000395 ECONOMIC DEVELOPMENT CO EDCQtrMtgWolnick/O'Grady/Pratt 003223 EDAW INC 000161 EDEN SYSTEMS INC 002577 ENGINEERING RESOURCES 002060 EUROPEAN DELI & CATERING 001056 EXCEL LANDSCAPE 001135 FIRST CARE INDUSTRIAL MED 002528 GLASS BLASTERS INC 003986 KEVIN COZAD & ASSOCIATES I 001091 KEYSER MARSTON ASSOClAT 006306 KINGSBURY STUDIOS Apr Biological svcs:Pala Rd. Bridge Fin. Training Crystal Reports 4/21-24~0 Mar dsgn svcs:J.Wamer/Santiago Refreshments Library Grant Mtg. Misc. Plants:Tuscany Ridge Median Misc. Plants:Marg/Winchester Misc. Plants:Solana Ridge Median Misc. Plants:Tradewinds Irrigation Repairs:Medusa slope Irrigation Repairs:Overland Irrigation Repairs:Tulley Ranch Plants Vail Ranch Pkwy Misc. Plants:Temeku Hills May Pre-employment physicals New employee glass mugs Citywide Street Sign Replacement Mar. Prof Svcs Old Town Photos NM Old Town Plaza Amount Paid Check Total 59.80 59.80 189.17 189.17 33.00 33.00 175.00 175.00 2,019.87 2,019.87 75.00 75.00 385.53 385.53 315.75 315.75 897.50 897.50 26.67 26.67 800.00 675.00 515.40 240.32 153.84 149.74 145.20 123.20 4,012.40 461.00 461.00 67.88 67.88 5,516.00 5,516.00 2,727.50 2,727.50 100.00 100.00 Page2 apChkLst Final Check List Page: 3 05/29/2003 10:11:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 84449 05/29/2003 004377 L O LYNCH WELLS & PUMP, IN 84450 05/29/2003 004412 LEANDER, KERRY D. 84451 05/29/2003 004905 LIEBERT, CASSIDY &WHITMOR Amount Paid Check Total Duck Pond Repair Pump Motor Duck Pond Replace Sump Pump TCSD instructor earnings TCSD instructor earnings TCSD instructor eamings TCSD instructor earnings Apr HR legal svcs 786.00 402.96 212.00 194.67 138.00 120.00 144.00 1,188.96 664.67 144.00 84452 05/29/2003 001967 MANPOWER TEMPORARY SER temp help w/e 5/04 Dankworth 1,033.92 1,033.92 84453 05/29/2003 001384 MINUTEMAN PRESS envelopes for Finance dept 484.21 484.21 84454 05/29/2003 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 369.60 369.60 84455 05/29/2003 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings 198.00 198.00 84456 05/29/2003 001214 MORNINGSTARPRODUCTION sound sys:Every15 Min. Prgm 1,150.00 1,150.00 84457 05/29/2003 004522 MULLIGANS FAMILY FUN CENT team bldg:Fire Prey:5/15/03 250.80 250.80 84458 05/29/2003 004588 NATIONAL BUSINESS FURNITU chair for Revenue Mgr Office 177.72 84459 05/29/2003 84460 05/29/2003 84461 05/29/2003 84462 05/29/2003 004401 NU VISION PRODUCTIONS 002105 OLD TOWN TIRE & SERVICE 002652 PAT & OSCARS RESTAURANT 000249 PE'I-TY CASH Taping & Editing:Every 15 Min Pgrm Credit:deposit already paid:15 Min. Pr City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs Refreshments:Every 15 Min Pgrm Refreshments:Every 15 Min Pgrm Petty cash reimbursement 2,481.00 -1,240.50 336.55 214.83 199.21 133.10 65.00 47.12 25.65 22.42 22.00 19.19 1,338.01 565.45 517.43 1,240.50 1,085.07 1,903.46 517.43 Page3 apChkLst Final Check List Page: 4 05/29/2003 10:11:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84463 05/29/2003 000253 POSTMASTER 84464 05/29/2003 84465 05/29/2003 004529 QUAID TEMECULA HARLEY-DA 002612 RADIO SHACK INC (Continued) DeecriptJon Express mail & postal svcs 84466 05/29/2003 84467 05/29/2003 repair/maint P.D. motomycles repair/maint P.D. motomycles Misc Computer Supplies 005910 REDHAWK GAS & AUTO CENT 000411 RIVERSIDE CO FLOOD 84468 05/29/2003 001592 RIVERSIDE CO INFO 84469 05/29/2003 000537 SO CALIF EDISON 84470 06/29/2003 005786 SPRINT 84471 05/29/2003 003673 TECH 101 ARCUS INC Mar-Apr City vehicle fuel usage Mar-Apr City vehicle fuel usage Mar City vehicle detailing svcs Inspection fee:R.C.Bridge Widening Mar lease/maint Po[ice radios 84472 05/29/2003 May 2-22-891-0550 various mtm May 2-23-365-5992 Stn 92 May 2-21-981-4720 Hwy 79 May 2-24-151-6582 Overland Td 04/15-05/14/03 cellular phone svcs 4/15-5/14 acct level charges Projector/screen for training Digital flatbed scanner 005985 TECHNOLOGY INTEGRATION G 2 - 19" display monitors 84473 05/29/2003 003677 TEMECULA MOTORSPORTS LL repair/maint of P.D. motomycles 84474 05/29/2003 006305 TEMECULASISTERCITYASSN Sponsorship funding 84475 05/29/2003 000919 TEMECULA VALLEY UNIFIED S Apr City vehicle fuel usage 84476 05/29/2003 84477 05/29/2003 84478 05/29/2003 84479 05/29/2003 000668 TIMMY D PRODUCTIONS INC 004261 VERIZON CALIFORNIA 000621 WESTERN RIVERSIDE COUNC 006218 YOUNG, R.E. DJ for teen prgm;5/24/03 May ~o(x-1473 P.D.Satellite Stn Apr Tumf Fees Refund:Sec. Deposit:4/23/03 Amount Paid 96.35 1,723.85 73.05 15.07 167.37 37.83 10.95 5,000.00 1,193.60 298.74 279.33 64.77 13.82 5,276.36 3,126.05 308.17 1,750.47 2,318.10 10,000.00 653.28 8~0.00 129.29 6,650.00 100.00 Check Total 96.35 1,796.90 15.07 216.15 5,000.00 1,193.60 646.66 5,310.26 3,434.22 1,750.47 2,318.10 10,000.00 653.28 350.00 129.29 6,650.00 100.00 Page~ apChkLst Final Check List Page: 5 05/29/2003 10:11:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 84480 05/29/2003 003434 Z E P MANUFACTURING (Continued) Description Amount Paid Check Total Supplies for PW Maintenance Div 140.85 140.85 Sub total for UNION BANK OF CALIFORNIA: 183,442.13 Page5 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF F~N'AN_C~ CITY MANAGER ~ i TO: FROM: DATE: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council Genie Robeds, DirectorofFinance June 10, 2003 SUBJECT: City Treasurer's Report as of April 30,2003 PREPARED BY: RECOMMENDATION: April30,2003. Karen Jest~i~sistant Director of Finance Pascale Brown, Senior Accountant That the City Council receive and file the City Treasurer's Report as of DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of April 30,2003. FISCAL IMPACT: None Attachments: City Treasurer's Report as of April 30,2003 City of Temecula City Treasurer's Report AS of April 30, 2003 Cash AcUvity for the Month of April: Cash and Investments as of April 1, 2003 Cash Receipts Cash Disbursements Cash and Investments as of April 30, 2003 Cash and Investments Po.~folio: Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Flex Benefit Demand Deposits Local Agency investment Fund Checking Account (Parking Citations) Delinquency Maintenance Account - CFD 88-12 (investment Agreement) Delinquency Maintenance Account - CFD 88-I 2 (Money Market Account) Reserve Fund - CFD 88-12 (Investment Agreement) Reserve Account - CFD 88-12 (Money Market Account) Special Tax Fund - CFD 01-2 (Money Market Account) Admin Expense Fund - CFD 01-2 (Money Market Account) Variable Bond Fund - CFD 01-2 (Money Market Account) Capital interest Fund - CFD 01-2 (Money Market Account) Interest Differential Fund - CFD 01 *2 (Money Market Account) Capital Improvement Fund - CFD 01-02 (Money Market Account) Interest Account - RDA TABs (Money Market Account) Reserve Account - RDA TABs (Money Market Account) Project Account - RDA TABs (Money Market Account) Project Account-RDA TABs (Local Agency investment Fund) Delivery Cost Fund - TCSD COPs (Money Market Account) Project Fund - TCSD COPs (Money Market Account) Project Fund - TCSD COPs (Local Agency Investment Fund) institution City Hall Union Bank Union Bank (Highmark U,S. Treasury) Union Bank State Treasurer-LAIF Union Bank CDC Funding Corp U.S. Bank (First Am. Treasury) CDC Funding Corp U.S. Bank (First Am. Treasury) U.S. Bank First Am. Treasury) U.S. Bank FirstAm. Treasury) U.S. Bank FirstAm Treasury) US. Bank FirstAm Treasury) U.S, Bank FirstAm. Treasury) U.S. Bank FirstAm. Treasury) U.S. Bank FirstAm. Treasury) U.S. Bank FirstAm. Treasury) U.S. Bank FirstAm. Treasury) State Treasurer-LAIF U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) State Treasurer-LAIF Maturity/ Termination Yield Date n/a n/a 0.150 % n/a 1.904 % n/a 5.430 % 09/0112017 0.720 % 5.430 % 09/01/2007 0.780 % 0.720 % 0~720 % 0.720 % 0.720 % 0720 % 0.720 % 0.720 % 0.720 % 0720 % 1.904 % 0.720 % 0.720 % 1,9o4 % (1)-Th is amount is net of outstanding checks. (2)-At Apd130, 2003 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $60,427,772,483 The City's propo~onate share of that value is $71,011,754. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. 91,954,590 4,602,204 (3,434~6401 93,122,154 Par/Book Balance 696,572 0 10,603 70,769,350 2,899 500,000 482,830 1,531,469 5 447,020 487,401 2,735 129,415 130,536 4,603,052 45 30,496 10,535,130 6,485 2,975 2,751,635 ITEM 5 APPROVAL ClTY ATTORNEY DIRECTOR OFFINANCE~,~___ ClTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council usan W. Jones ity Clerk/Director of Support Services June 10, 2003 Approval of Election Resolutions RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003 2. Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO .BE HELD ON TUESDAY, NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES BACKGROUND: Pursuant to the Elections Code, a municipality may request of the County Registrar of Voters to consolidate with the General Election, to conduct the Municipal Election, to canvass the returns of the General Municipal Election, and to hold the election in all respects as if there were only one election. This request must be made in the form of a resolution, which delegates the powers and duties of the Election Officer for the City of Temecula to the County Elections Department. This delegation does not include services routinely conducted bythe City Clerk such as advertising requirements for filing periods and all campaign filings including nomination papers and campaign statements. The second resolution that the Council is being asked to adopt is the formal resolution calling and giving notice of the election. This is a requirement of the State of California Election Code relating to General Law Cities. It also authorizes the City Clerk to give notice of the election in the time, form and manner required by the Election Code. FISCAL IMPACT: Operating Budget. $85,000 has been budgeted for the election in the FY 2003/2004 ATTACHMENTS: Resolution No. 03- Requesting the Services of the Registrar Resolution No. 03- Calling Election RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003 WHEREAS, the City Council of the City of Temecula, California, has called a General Municipal Election to be held on Tuesday, November 4, 2003, for the purpose of the election of two (2) members of the City Council and WHEREAS, it is desirable that the General Municipal Election be conducted by the County Registrar of Voters on November 4, 2003 within the City establishing the precincts, polling places and election officers, and that the Registrar of Voters of the County of Riverside canvass the returns of the General Municipal Election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to Sections 10002 and 10403 of the Elections Code of the State of California, the Registrar of Voters of the County of Riverside is hereby requested to conduct the General Municipal Election on Tuesday, November 4, 2003, for the purpose of the election of two (2) Members of the City Council of the City of Temecula currently held by Mike Naggar, and Albert "Sam" Pratt. Section 2. That, except for those services routinely conducted by the City Clerk, delegation is hereby made to the county elections department of the powers and duties of the elections officer for the City of Temecula to conduct said election in accordance with all applicable laws and procedures. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used for each of the two (2) affected Councilmanic positions. Section 3. That, in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Section 4. That the City of Temecula recognizes that additional costs will be incurred by the County, by reason of this consolidation, and agrees to reimburse the County for such additional costs. Section 5. That the Registrar of Voters of the County of Riverside is hereby authorized, instructed and directed to give such further or additional notice of said election, in time form and manner as required. Section 6. That said Registrar of Voters is hereby authorized to canvass the returns of said General Municipal Election. Section 7. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Registrar of Voters of the County of Riverside. Section 8. The City Clerk shall certify to the passage and adoption of this resolution. R:/Resos2003/Election -Requesting Consolidation 1 PASSED, APPROVED AND ADOPTED, this 10th day of June, 2003 Jeffrey E. Stone, Mayor ATTEST: 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. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of June, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCtLMEMBERS: COUNCtLMEMBERS: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2003/~lectio n- Requesting Consolidation 2 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. WHEREAS, under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on November 4, 2003, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Temecula, California, on Tuesday, November 4, 2003, a General Municipal Election for the purpose of electing two (2) Members of the City Council for the full term of four years. Section 2. required by law. That the ballots to be used at the election shall be in form and content as Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls for the election shall be open at seven o'clock AM on the dayof the election and shall remain open continuously from that time until eight o'clock PM of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7. Resolution. That the City Clerk shall certify to the passage and adoption of this R:/Resos2003'Election-C ailing 1 PASSED, APPROVED AND ADOPTED, this the l0th day of June, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of June, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2003~Election-C ailing 2 ITEM 6 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council juUSanW. Jones, CMC, City Clerk ne 10,2003 Reco~s Destruction Appmval APPROVAL CitY ATTORNEY FINANCE DIRECTO~ CitY MANAGER PREPARED BY: Gwyn R. Flores, Records Coordinator RECOMMENDATION: Approve the scheduled destruction of cedain City records in accordance with the City of Temecuia approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council appreved Resolution No. 92-17 which authorizes the destruction of certain City records which have become outdated, obsolete or are excess documents, in compliance with State of California Government Code, Sections 34090 through 34090.7. Attached Exhibit A, lists various records from the Building & Safety Depadment and has been imaged and identified within Group IV of the Records Retention Schedule. The imaging of these records complies with the requirements of Government Code Section 34090.5. Attached Exhibit B, lists various records from the Finance Department and have been identified within Group V of the Records Retention Schedule. The City Attorney has reviewed this request and has signed the Exhibits, as provided for in Resolution No. 92- 17. ATTACHMENTS: Destruction of Records Request, Building & Safety Department Exhibit A, List of Records recommended for destruction Destruction of Records Request, Finance Department Exhibit B, List of Records recommend for destruction TO: FROM: DATE: SUBJECT: Susan W. Jones, CMC, City Clerk Gwyn R. Flores, Records Coordinator June 10, 2003 Request for Destruction of Records Attached "Exhibit A" is a listing of records maintained in the City's Building and Safety Department. These documents have been identified in Retention Group IV (list attached) and has been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in "Exhibit 1", Schedule A, of Resolution No. 92-17. The imaging of these records complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: APPROVED: City Attorney: Date & Safety EXHIBIT "A" CITY OF TEMECULA BUILDING & SAFETY DEPARTMENT RECORDS MANAGEMENT DESTRUCTION FILE REPORT Document Date Item Brief File Referenc~ Storage Media Reference Reference Description Security Class Storage Location 162 Various Building Building Plans 401-02/Group IV LaserFiche Plans (See Attached List) 162 Various Boxes 58-62 Residential & 805-07 LaserFiche Commercial Building Permits (See Attached List) 02/11/03 BS Destcuction Page I of I Box 58 41946 PACIFIC GROVE WY 41953 PACIFIC GROVE WY 41965 PACIFIC GROVE WY 41977 PACIFIC GROVE WY 41994 PACIFIC GROVE WY 41999 PACIFIC GROVE WY 42009 PACIFIC GROVE WY 42018 PACIFIC GROVE WY 42030 PACIFIC GROVE WY 42042 PACIFIC GROVE WY 42035 PACIFIC GROVE WY 43484 PAISANO CT 45916 PARSlPPANY CT 31957 PASEO PL 31969 PASOS PL 31970 PASOS PL 31980 PASOS PL 31990 PASOS PL 31993 PASOS PL 40410 PASEO DEL CIELO 31411 PENNANT CT 31419 PENNANT CT 31420 PENNANT CT 31425 PENNANT CT 40410 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PARKWAY 33160 VAIL RANCH PARKWAY 33264 VAIL RANCH PARKWAY 32640 VAIL RANCH PARKWAY 44700 VAIL OAKS RD 32983 VALENCE CT 32627 VALENTINO WY 29615 VALLE OLVERA 29620 VALLE OLVERA 29640 VALLE OLVERA 29968 VALLE OLVERA 29986 VALLE OLVERA 28950 VALLE JO AVENUE 29675 VALLE JO AVENUE 29675 VALLE JO AVENUE 44000 VALLE JO AVENUE 41808 VARDON DR 41868 VARDON DR 41960 VARDON DR 41977 VARDON DR 42520 VERDADERO PL 32865 VERONA CT 32873 VERONA CT 41281 VIA AGUILA 41291 VIA AGUILA 42873 VIA ALHAMA 42905 VIA ALHAMA 42912 VIA ALHAMA 42936 VIA ALHAMA 42944 VIA ALHAMA 33218 VIA ALVARO 43135 VIA ANGELES 32110 VIA BANDE 32172 VIA BEJARANO 32179 VIA BEJARANO 32184 VIA BEJARANO 32191 VIA BEJARANO 32196 VIA BEJARANO 32203 VIA BEJARANO 32208 VIA BEJARANO 32215 VIA BEJARANO 32220 VIA BEJARANO 32220 VIA BEJARANO 32227 VIA BEJARANO 32232 VIA BEJARANO 32239 VIA BEJARANO 32251 VIA BEJARANO 32052 VIA BONILLA 32263 VIA BEJARANO 31770 VIA CAMPANARIO 30315 VIA CANADA 30329 VIA CANADA 43468 VIA CANDELEDA 43477 VIA CANDELEDA 43767 VIA CAVALO 43783 VIA CAVALO 43749 VIA CAVALO 43815 VIA CAVALO Box 58 Page 2 of 3 32205 VIA CESARIO 33281 VIA CHAPPARO 41154 VIA CIELITO 33185 VIA CHAPPARO 33254 VIA CHAPPARO 42311 VIA CONSUELO 42316 VIA CONSULEO 42325 VIA CONSULEO 31745 VIA CORDOBA 31795 VIA CORDOBA 31795 VIA CORDOBA 31840 VIA CORDOBA 32115 VIA CORDOBA 30164 VIA CORSICA 30234 VIA CORSICA 30095 VIA DE LA MESA 30115 VIA DE LA MESA 30150 VIA DE LA MESA 32355 VIA DESTELLO 32347 VIA DESTELLO 32363 VIA DESTELLO 32371 VIA DESTELLO 32379 VIA DESTELLO 32411 VIA DESTELLO 32451 VIA DESTELLO 32468 VIA DESTELLO 32508 VIA DESTELLO 32560 VIA DESTELLO 32576 VIA DESTELLO 32586 VIA DESTELLO 32596 VIA DESTELLO 32606 VIA DESTELLO 32614 VIA DESTELLO 32614 VIA DESTELLO 32619 VIA DESTELLO 32632 VIA DESTELLO 32650 VIA DESTELLO 32651 VIA DESTELLO 32668 VIA DESTELLO 43062 VIA DOS PICOS 43122 VIA DOS PICOS Box 58 31393 via EDUARDO 41721 VIA EL GRECO 32187 CALLE BALAREZA Box 58 Page 3 of 3 Box 59 24188 MAP 41964 5TH ST 32862 ABANA CT 32953 ADELANTE ST 42060 AGENA ST 43034 AGENA ST 43756 ALCOBA DR 43725 ALTAMURA CT 31900 ANDREA CR 31901 ANDREA CR 32432 ANGELO DR 31340 AUSSIE AVE 40254 BENWOOD CT 41622 BIG SAGE CT 27474 BOLANDRA CT 43265 BROOKWAY DR 43419 BREWSTER CT 31500 BRITTON CR 31500 BRITTON CR 43633 BUCKEYE RD 32269 CERCLE BEAUREGARD 44604 CLOVER LN 42949 CORTE ABANILLA 43445 CORTE BARBASTE 32039 CORTE CARDOZA 32146 CORTE DEL CERRO 43174 CORTE MONTILLA 41539 CORTE PERGAMINO 43197 Buq-rERFIELD STAGE RD 33496 CORTE PORFIRIO 30918 CRYSTTALAIRE DR 31885 CORTE PRIEGO 29931 CACTUS PL 43198 CORTE TOLOSA 32017 CALA GERONA 43787 CORTE VILLENA 30540 AVENIDA BUENA SUERTE31123 CALLE ARAGON 29894 AVENIDA ClMA DEL SOL 41519 AVENIDA DE LA REINA 30845 AVENIDA DEL REPOSO 31150 AVENIDA DEL REPOSO 31918 AVENIDA ENRIQU E 31919 AVENIDA ENRIQUE 31928 AVENIDA ENRIQUE 31929 AVENIDA ENRIQUE 31938 AVENIDA ENRIQUE 31939 AVENIDA ENRIQUE 31948 AVENIDA ENRIQUE 31949 AVENIDA ENRIQUE 31958 AVENIDA ENRIQUE 31959 AVENIDA ENRIQUE 31968 AVENIDA ENRIQUE 31969 AVENIDA ENRIQUE 31978 AVENIDA ENRIQUE 31979 AVENIDA ENRIQUE 31988 AVENIDA ENRIQUE 31989 AVENIDA ENRIQUE 31998 AVENIDA ENRIQUE 31999 AVENIDA ENRIQUE 42026 AVENIDA SONOMA 41080 AVENIDA VERDE 41991 AVENIDA VISTA LADERA 40874 BACCARAT RD 43105 BARSANTI DR 43152 BARSANTI DR 32001 CALLE CABALLOS 32001 CALLE CABALLOS 32016 CALLE CABALLOS 32021 CALLE CABALLOS 32028 CALLE CABALLOS 32031 CALLE CABALLOS 32046 CALLE CABALLOS 32041 CALLE CABALLOS 32051 CALLE CABALLOS 43363 CALLE CARABANA 43461 CALLE CARABANA 43780 CALLE DE VELARDO 32017 CALLE GALARZA 32030 CALLE GALARZA 32033 CALLE GALARZA 32040 CALLE GALARZA 40769 CALLE KATHERINE 31494 CALLE LOS PADRES 31940 CALLE REDONDELA 43199 CALLE VENTURA 32050 CAMINO CALIARI 32060 CAMINO CALIARI 32070 CAMINO CALIARI 32080 CAMINO CALIARI 33458 CAMINO HERNANDEZ 42261 CAMINO MERANO 31967 CAMINO MOLNAR 41911 CARLETON WY 42245 COSMIC DR 41073 COUR CITRAN 32817 TIEMPO 41627 CYPRESS POINT WY 31995 DANE CT 30370 DE PORTOLA RD 42081 DELMONTE 42140 DEL MONTE 30110 DE PORTOLA RD 29855 DEL REY RD 42075 DUNES CT 31160 GLENEAGLES DR 31582 GOLDEN LION DR 32994 HARMONY LN 33023 HARMONY LN 33060 HARMONY LN 33116 HARMONY LN 39928 HARVESTON DR 39875 HARVESTON DR 31317 HEITZ LN 31485 HEITZ LN 32579 HISLOP WY 30622 HOLYBERRY LN 32653 HUPA DR 42043 HUMBER DR 44639 JOHNSTON DR 33267 KABIAN CT 43069 KNIGHTBRIDGE WY 44217 LA PAZ ST Box 59 Page I of 2 Box 59 31117 LAHONTAN ST 30098 LAUREL CREEK DR 39195 LIEFER RD 30772 LOMALINDA RD 43110 MEADOW PARKWAY 43110 MEADOW PARKWAY 32011 MERLOT CREST 30568 MOONTIDE CT 31120 NASSAU CT 32938 NOVARA 39639 OAK CLIFF DR 40128 ODESSA DR 27146 RAINBOW CREEK DR 44501 RAINBOW CANYON RD 29635 RAMSEY CT 29688 RAMSEY CT 31061 VIA GILBERTO 31061 VIA GILBERTO 31085 VIA GILBERTO 41149 VIA HALCON 27368 VIA INDUSTRIA 42417 VIA INDUSTRIA 31810 VIA LEVANTAR 40865 VIA LOS ALTOS 40900 VIA LOS ALTOS 40900 VIA LOS ALTOS 40905 VIA LOS ALTOS 40940 VIA LOS ALTOS 40972 VIA MEDIA 43940 VIA MONTALBAN 43850 VIA MONTABAN 30150 VIA MONTERY 28696 VIA MONTEZUMA 28920 VIA NORTE 29090 VIA NORTE 29183 VIA NORTE 29290 VIA NORTE 29390 VIA NORTE 29390 VIA NORTE 29390 VIA NORTE 29414 VIA NORTE 29910 VIA NORTE 29930 VIA NORTE 30305 VIA NORTE 30575 VIA NORTE 30645 VIA NORTE 31100 VIA NORTE 29771 VIA PUESTA DEL SOL 41135 VIA PUERTA 29854 VIA PUESTA DEL SOL 29958 VIA PUESTA DEL SOL 45123 VIA QUIVERA 31935 VIA SALTIO 43373 VIA SABINO 43402 VIA SABINO 43402 VIA SABINO 31710 VIA SALTIO 31562 VIA SAN CARLOS 31727 VIA SAN CARLOS 31568 VIA SANTA INES 29925 VIA SERRITO 29817 VIA SEVILLA 29827 VIA SEVILLA 31755 VIA TELESIO CT 30256 VIA VAL VERDE 30318 VIA VAL VERDE 41883 VIA VASQUEZ 33470 VICTORIA CT 29860 VILLA ALTURAS DR 29861 VILLA ALTURAS DR 29887 VILLA ALTURAS DR 30016 VILLA ALTURAS DR 30152 VILLA ALTURAS DR 30167 VILLA ALTURAS DR 30180 VILLA ALTURAS DR 30233 VILLA ALTURAS DR 28362 VINCENT MORAGA 31861 VINEYARD AVE 42120 VISTA DEL RANCHO 40025 WALCOTT LN 40055 WALCOTT LN 40055 WALCOTT LN 40599 WALCOI-r LN 40599 WALCOTr LN 39538 WARBLER DR 30224 WABASH LN 40589 WGASA PL 40597 WGASA PL 41452 WILLOW RUN RD 32619 WILLOWVAIL CR 41457 WINGED FOOT ST 41562 WILLOW RUN RD 32627 WILLOWVAIL CIR 29729 WINDWOOD CR 41457 WINGED FOOT ST 41460 WINGED FOOT ST 41469 WINGED FOOT ST 41474 WINGED FOOT ST 41481 WINGED FOOT ST Box 59 Page 2 of 2 Box 60 29630 AVENIDA CIMA DEL SOL 29772 AVENIDA CIMA DEL SOL 29780 AVENIDA CIMA DEL SOL 29797 AVENIDA CIMA DEL SOL 29815 ^VENIDA CIMA DEL SOL 29820 AVENIDA CIMA DEL SOL 29825 AVENIDA CIMA DEL SOL 29828 AVENIDA CIMA DEL SOL 29835 AVENIDA CIMA DEL SOL 29845 AVENIDA CIMA DEL SOL 29855 AVENIDA CIMA DEL SOL 29865 AVENID^ CIMA DEL SOL 29868 ^VENIDA CIMA DEL SOL 29877 ^VENIDA CIMA DEL SOL 29886 AVENIDA ClMA DEL SOL 29885 AVENIDA CIMA DEL SOL 29893 AVENIDA CIMA DEL SOL 29894 AVENIDA CIMA DEL SOL 29900 AVENIDA CIMA DEL SOL 29901 ^VENIDA CIMA DEL SOL 29906 AVENIDA CIMA DEL SOL 29909 AVENIDA CIMA DEL SOL 29917 AVENIDA CIMA DEL SOL 29922 AVENIDA CIMA DEL SOL 29925 AVENIDA CIMA DEL SOL 29928 AVENIDA CIMA DEL SOL 29933 AVENIDA CIMA DEL SOL 29934 AVENIDA CIMA DEL SOL 29941 AVENIDA ClMA DEL SOL 29957 AVENIDA CIMA DEL SOL 29958 AVENIDA CIMA DEL SOL 29964 AVENIDA CIMA DEL SOL 29970 AVENIDA CIMA DEL SOL 29976 AVENIDA CIMA DEL SOL 29982 AVENIDA CIMA DEL SOL 30000 AVENIDA CIMA DEL SOL 30006 ^VENIDA CIMA DEL SOL 29753 AVENITA DE CALAZADA 41405 AVEINITA DE LA REINA 41423 AVENIDA DE LA REINA 41424 AVENIDA DE LA REINA 41429 AVENIDA DE LA REINA 41441 AVENIDA DE LA REINA 41442 AVENIDA DE LA RIENA 41430 AVENIDA DE LA RIENA 41441 AVENIDA DE LA REINA 41484 AVENIDA DE LA REINA 41513 AVENIDA DE LA REINA 41531 AVENIDA DE LA REINA 41544 AVENIDA DE LA REINA 41566 AVENIDA DE LA REINA 41579 AVENIDA DE LA REINA 41585 AVENIDA DE LA REINA 41616 AVENIDA DE LA REINA 41634 AVENIDA DE LA REINA 41629 AVENID^ DE LA REINA 41645 AVENIDA DE LA REINA 41670 AVENIDA DE LA REINA 41675 AVENIDA DE LA REINA 41676 AVENIDA DE LA REINA 41681 AVENIDA DE LA REINA 41682 AVENIDA DE LA REINA 30790 AVENIDA DEL REPOSO 30815 AVENIDA DEL REPOSO 30830 AVENIDA DEL REPOSO 30870 AVENIDA DEL REPOSO 30903 AVENIDA DEL REPOSO 30910 AVENIDA DEL REPOSO 30935 AVENIDA DEL REPOSO 31030 ^VENIDA DEL REPOSO 31045 AVENIDA DEL REPOSO 31085 AVENIDA DEL REPOSO 31110 AVENIDA DEL REPOSO 31130 AVENIDA DEL REPOSO 31170 AVENIDA DEL REPOSO 31173 AVENIDA DEL REPOSO REPOSO REPOSO REPOSO 44502 AVENIDA DE MISSIONES 31200 AVENIDA DEL 43225 AVENIDA DE SAN PASQU/~-1201 AVENIDA DEL 31169 AVENIDA DE LA RIENA 31213 AVENIDA DEL 31226 AVENIDA DEL REPOSO 31245 AVENIDA DEL REPOSO 31251 AVENIDA DEL REPOSO 31289 AVENIDA DEL REPOSO 31312 AVENIDA DEL REPOSO 31331 AVENIDA DEL REPOSO 31345 AVENIDA DEL REPOSO 31358 AVENIDA DEL REPOSO 31395 AVENIDA DEL REPOSO 31400 AVENIDA DEL REPOSO 31455 AVENIDA 31480 AVENIDA 31494 AVENIDA 31508 AVENIDA 31519 AVENID^ 31522 AVENIDA 31525 AVENIDA 31535 AVENIDA 31560 AVENIDA 31590 AVENIDA 31590 AVENIDA 31615 AVENIDA 31618 AVENIDA 29510 AVENIDA 29536 AVENIDA 29560 AVENIDA 29573 AVENIDA 29595 AVENIDA 29610 AVENIDA DELREPOSO DEL REPOSO DELREPOSO DELREPOSO DELREPOSO DELREPOSO DEL REPOSO DEL REPOSO DELREPOSO DELREPOSO DELREPOSO DELREPOSO DELREPOSO DEL SOL DEL SOL DEL SOL DEL SOL DEL SOL DEL SOL 29611 AVENIDA DEL SOL 29630 AVENIDA DEL SOL 29680 AVENIDA DEL SOL 29680 AVENIDA DEL SOL 29681 AVENIDA DEL SOL 29690 AVENIDA DEL SOL 29812 AVENIDA DEL SOL 30475 AVENIDA ESTRADA 30492 AVENIDA ESTRADA 30518 AVENIDA ESTRADA 30534 AVENIDA ESTRADA 30540 AVENIDA ESTRADA Box 60 Page 1 of 3 Box 60 30560 AVENIDA ESTRADA 30569 AVENIDA ESTRADA 42069 AVENIDA LADERA 42071 AVENIDA LADERA 42073 AVENIDA LADERA 41847 AVENIDA SONOMA 41865 AVENIDA SONOMA 41883 AVENITA SONOMA 41895 AVENIDA SONOMA 41903 AVENIDA SONOMA 41915 AVENIDA SONOMA 41978 AVENIDA SONOMA 41990 AVENIDA SONOMA 42002 AVENIDA SONOMA 42011 AVENIDA SONOMA 42026 AVENIDA SONOMA 41052 AVENIDA VERDE 41050 AVENIDA VERDE 41090 AVENIDA VERDE 41095 AVENIDA VERDE 41120 AVENIDA VERDE 41125 AVENIDA VERDE 41140 AVENIDA VERDE 41901 AVENIDA VISTA LADERA 41910 AVENIDA VISTA LADERA 41911 AVENIDA VISTA LADERA 41921 AVENIDA VISTA LADERA 41924 AVENIDA VISTA LADERA 41931 AVENIDA VISTA LADERA 41938 AVENIDA VISTA LADERA 41941 AVENIDA VISTA LADERA 41971 AVENIDA VISTA LADERA 41950 AVENIDA VISTA LADERA 41951 AVENIDA VISTA LADERA 41961 AVENIDA VISTA LADERA 41971 AVENIDA VISTA LADERA 41972 AVENIDA VISTA LADERA 41981 AVENIDA VISTA LADERA 41990 AVENIDA VISTA LADERA 41991 AVENIDA VISTA LADERA 42001 AVENIDA VISTA LADERA 42006 AVENIDA VISTA LADERA 42011 AVENIDA VISTA LADERA 42018 AVENIDA VISTA LADERA 42021 AVENIDA VISTA LADERA 42028 AVENIDA VISTA LADERA 42031 AVENIDA VISTA LADERA 42036 AVENIDA VISTA LADERA 42041 AVENIDA VISTA LADERA 42048 AVENIDA VISTA LADERA 42051 AVENIDA VISTA LADERA 42053 AVENIDA VISTA LADERA 42055 AVENIDA VISTA LADERA 42057 AVENIDA VISTA LADERA 42059 AVENIDA VISTA LADERA 42060 AVENIDA VISTA LADERA 42061 AVENIDA VISTA LADERA 42062 AVENIDA VISTA LADERA 42063 AVENIDA VISTA LADERA 42064 AVENIDA VISTA LADERA 42065 AVENIDA VISTA LADERA 42067 AVENIDA VISTA LADERA 42068 AVENIDA VISTA LADERA 42069 AVENIDA VISTA LADERA 42071 AVENIDA VISTA LADERA 42073 AVENIDA VISTA LADERA 42075 AVENIDA VISTA LADERA 42081 AVENIDA VISTA LADERA 43044 AVOLA CT 43045 AVOLA CT 43054 AVOLA CT 43055 AVOLA CT 43064 AVOLA CT 43065 AVOLA CT 43074 AVOLA CT 43075 AVOLA CT 43084 AVOLA CT 43087 AVOLA CT 43094 AVOLA CT 43097 AVOLA CT 43104 AVOLA CT 43112 AVOLA CT 43120 AVOLA CT 43107 AVOLA CT 401 B STREET STE 1580 40644 BACCARAT RD 40684 BACCARAT RD 40704 BACCARAT RD 42250 BALDARAY CIRCLE STE B 42250 BALDARAY CIRCLE STE B 42255 BALDARAY CIR 31364 BANDAN COURT 31372 BANDAN CT 31385 BANDAN COURT 30845 BALATA DR 30849 BALATA DR 30855 BALATA DR 30859 BALATA DR 30863 BALATA DR 30864 BALATA DR 30869 BALATA DR 30870 BALATA DR 30873 BALATA DR 30876 BALATA DR 30882 BALATA DR 30885 BALATA DR 30888 BALATA DR 30904 BALATA DR 30905 BALATA DR 30910 BALATA DR 30916 BALATA DP, 30922 BALATA DR 40754 BACCARAT RD 40814 BACCARAT RD 40823 BACCARAT RD 39700 BARBERRY CT 39751 BARBERRY CT 39780 BARBERRY CT 3978;I BARBERRY CT 30842 BARDMOOR DR 30843 BARDMOOR DR 30861 BARDMOOR DR 30875 BARDMOOR DR Box 60 Page 2 of 3 30876 BARDMOOR DR 30860 BARDMOOR DR 30890 BARDMOOR DR 30891 BARDMOOR DR 30910 BARDMOOR DR 30911 BARDMOOR DR 41760 BARGIL CT 41763 BARGIL CT 41766 BARGIL CT 41769 BARGIL CT 41772 BARGIL CT 41775 BARGIL CT 41778 BARGIL CT 41781 BARGIL CT 43787 BARLETTA ST 43797 BARLETTA ST 43810 BARLETTA ST 43811 BARLE'I-rA ST 43824 BARLETTA ST 43825 BARLE ~ ~ A ST 43838 BARLETTA ST 43839 BARLETTA ST 43850 BARLETTA ST 43853 BARLETTA ST 43860 BARLI:: ~ ~ A ST 43867 BARLETTA ST 43874 BARLETrA ST 43881 BARLE ~ ~ A ST 43888 BARLE ~ ~ A ST 43895 BARLETTA ST 43902 BARLETTA ST 43916 BARLETTA ST 43928 BARLETTA ST 43938 BARLETTA ST 43952 BARLE'I-I'A ST 43966 BARLETTA ST 43979 BARLETTA ST 43980 BARLETTA ST 43993 BARLETTA ST Box 60 Box 60 Page 3 of 3 Box 61 41923 2nd Street 41910 6th Street 41920 6th Street 32833 Aden Circle 43041 Agena St 43796 Alcoba dr 40972 Alton ct 31951 Andrea Cr 32464 Angelo dr 32477 Angelo Dr 32503 Angelo Dr 32506 Angelo Dr 32517 Angelo Dr 32520 Angelo Dr 32531 Angelo Dr 32534 Angelo Dr 32545 Angelo Dr 32548 Angelo Dr 32559 Angelo Dr 32562 Angelo Dr 32572 Angelo Dr 32590 Angelo Dr 32587 Angelo Dr 32599 Angelo Dr 44260 Apis Rd 31340 Aussie Av 42066 Avenida Alvarado 42111 Avenida Alvarado 42136 Avenida AIvarado 42143 Avenida Alvarado 42363 Avenida AIvarado 42374 Avenida Alvarado #108 42387 Avenida Alvarado #103 42387 Avenida Alvarado#105 42387 Avenida Alvarado #105 42387 Avenida Alvarado #108 42387 Avenida Alvarado #106 31110 Avenida Buena Suede 40612 Avenida Centenario 31150 Avenida Del Reposo 31508 Avenida Del Reposo 31926 Avenida Mallari 31936 Avenida Maliari 31946 Avenida Mallari 31956 Avenida Mallari 31966 Avenida Mallari 31976 Avenida Mallari 31986 Avenida Mallari 43074 Avola ct 40854 Baccarat Rd 44533 Bedford Ct 43114 Blackdeer Loop #B 43162 Blackdeer Loop #A 30432 Bogart PI 27460 Bostik Ct 27460 Bostik Ct 27460 Bostik Ct 31632 Briarwood PI 41437 Buecking Dr 43178 Business Park Dr 43180 Business park Dr #103 43200 Business park dr 43210 Business park dr 43234 Business Park dr #106 43280 Business park dr #102 43264 Business Park Dr #105 43264 Business park dr #106 43264 Business park dr #107 43350 Business Park dr 43379 Business park dr #b 43379 Business park dr #300 43379 Business park dr #100 43379 Business park dr #100 43385 Business park dr 43385 Business park dr #160 43385 business Park dr #129 43385 Business park dr #150 43385 business park dr fl220 43385 Business park dr #220 43385 Business park dr #110 43385 Business park dr #210 43385 Bus~ness park dr #230 43385 Business park dr #200 43385 Business park dr #100 43385 Business park dr #150 43385 Business 3ark dr #140 43391 Business ~ark dr Cl 43391 Business 3ark C4 43391 Business 3ark C3 43391 Business 3ark C5 43391 Business 3ark dr C6 43391 Business ~ark dr C7/8 43391 Business ~ark dr C9 43391 Business )ark dr C10 43397 Business ~ark dr 43397 Business 3ark dr D3 43397 Bus~ness )ark dr D5 43397 Business Park dr D4 43397 Business park dr 43397 Business park dr D2 43397 Business park dr D8 43218 Business park dr 104 33052 Butterfield Stage rd 32211 Calle Ballarza 32139 Cala Torrente 43703 Calabro st 43797 Calle Balmez 43781 Calle Balmez 43782 Calle Balmez 43798 Calle Balmez 43813 Calle Balmez 43814 Calle Balmez 43829 Calle Balmez 43845 Calle Balmez 32052 Calle Caballos 32061 Calle Caballos 32064 Calle Caballos 32071 Calle Caballos 32076 Calle Caballos 32081 Calle Caballos 32088 Calle Caballos 32091 Calle Caballos 43000 Calle Camellia Box 61 Page 1 of 2 Box 61 43001 Calle Camellia 43020 Calle Camellia 43025 Calle Camellia 43040 Calle Camellia 43049 Calle Camellia 43060 Calle Camellia 43073 Calle Camellia 43080 Calle Camellia 43446 Calle Carabana 28671 Calle Codez 43744 Calle de Velarde 40605 Calte Fiesta 30989 Calle Fuente 31980 Calle Galarza 31990 Calle Galarza 31993 Calle Galarza 32000 Calle Galarza 32001 Calle Galarza 32009 Calle Galarza 32010 Calle Galarza 32020 Calle Galarza 32025 Calle Galarza 43464 Calle Nacido 32204 Calle Resaca 42928 Calle Reva 43182 Calle Ventura 43129 Caminata dr 44950 Camino Alamosa 40225 Camino Campos Verdes 40241 Camino Campos Verdes 40300 Camino Campos Verdes 43228 Camino Caruna 31099 Camino del Este 32300 Camino Herencia 31943 Camino Rabago 32134 Camino Seneco 27577 Campana cr 27587 Campana cr 32576 Campo dr 32732 Campo dr 32742 Campo dr 32752 Campo dr 32762 Campo dr 32772 Campo dr 31348 Cantebury ct 29503 Cara wy 29579 Cara wy 29601 Cara wy 32069 Cardoza 41833 Carleton wy 41853 Carleton wy 31655 Cala Carrasco 30165 Casa Chata pi 32421 Cassino ct 40637 Cebu dr 32321 Cercel Beauregard 39926 Chalon ct 31518 Champions cr 31530 Champions cr 31540 Champions cr 31543 Champions cr 31550 Champions cr 31557 Champions cr 31560 Champions cr 31570 Champions cr 31571 Champions cr 31580 Champions cr 31585 Champions cr 31590 Champions cr 32618 Ctearvail dr 30340 Colina Verde 41702 Colonial ct 27470 Colt ct 31238 Comotilo ct 27570 Cmmerce Center 31237 Comotilo Ct 31461 Congressional dr 31112 Code Alamar 43140 Code Almeria 43280 Code Almeria 43033 Code Cabrera 43089 Code Cabrera 43092 Code Calanda 31839 Cercle Chambertin 40444 Chantemar wy 31030 Code Anacapa 31100 Corte Arroyo Vista 32082 Code Bacarro 43475 Code Barbaste 32192 Code Camela 43024 Code Carbrera 30170 Code Coelho 31934 Code Cynthia 31937 Code Cynthia 31944 Code Cynthia 31954 Code cynthia 31964 Corte Cynthia 33461 Code Figueroa 32222 Code Gardano 32265 Code IIIora 32165 Code Llamas 33487 Code Mangarino 31806 Code Rosario 31810 Code Sagunto 31475 Code Salinas 43105 Code Salamanca 44731 Code Sanchez 31716 Code Tortosa 43098 Code Villa 43757 Corte Villena 42245 Cosmic 40940 County Center Dr 40940 County Center Dr 41093 County Center Dr 41090 Cour Citran 39828 Cross Creek Ct 42470 Crowne hill Lot 32 30830 Crystallaire 30858 Crystalaire dr Box 61 Page 2 of 2 27711 Diaz Rd. 30463 Danube Ct. 30650 Del Rey Rd. 42056 Delmonte St. 42517 Devant Ct. 27565 Diaz Rd. 28069 Diaz Rd. 26879 Diaz Rd. 26879 Diaz Rd. 28071 Diaz Rd. 31924 Corte Cynthia 41556 Eagle Point Wy. 41585 Eagle Point Wy. 41590 Eagle Point Wy. 41591 Eagle Point Wy. 41596 Eagle Point Wy. 41597 Eagle Point Wy. 41600 Eagle Point Wy. 41603 Eagle Point wy 41609 Eagle Point wy 41608 Eagle Point wy 41614 Eagle Point wy 42901 El Domino pi 42929 El Domino pi 33279 Elizabeth rd 33310 Elizabeth rd 27512 W. Enterprise cr 27512 W. Enterprise cr 27512 W. Enterprise cr 27512 W. Enterprise cr 41530 S. Enterprise Cr 41607 N. Enterprise cr #12 41625 S. Enterprise cr #b2 41635 N. Enterprise cr 41635 N. Enterprise cr 41635 N Enterprise cr #b 41635 N. Enterprise cr 41675 S. Enterprise cr #B 41675 S. Enterprise 41715 N. Enterprise cr 41740 N. Enterprise Cr #110 Box 62 41769 N. Enterprise cr 45247 Esmerado ct 45323 Esmerado ct 45290 Esplendor ct 41243 Essex ct 28374 Felix Valdez rd 28374 Felix Valdez rd 28418 Felix Valdez Rd 28493 Felix Valdez rd 33047 Fox rd 42962 Fox rd 43015 Fox rd 33354 Fox rd 33354 Fox rd 33438 fox rd 28780 Front st 32411 Galatina st 39847 N. General Kearny 29897 N. General Kearny 44274 George Cushman ct 44274 George Cushman ct #106 29532 Georgetown In 31120 Granville ct 32240 Highway 79 32240 Highway 79 S #108 32240 Highway 79 S Bldg B 106 32240 Highway 79 S #102 32240 Highway 79 S #109 32240 Highway 79 S #109 32240 Highway 79 S #107 32240 Highway 79 S #106 32505 Highway 79 S 32831 Highway 79 S 32839 Highway 79 S #B 33125 Highway 79 S 33145 Highway 79 S 33145 Highway 79 S 33175 Highway 79 S 33175 Highway 79 S 33175 Highway 79 S #C 33175 Highway 79 S 33175 Highway 79 S #B 33175 Highway 79 S 33175 Highway 79 #F 33195 Highway 79 s 33195 Highway 79 s 33195 Highway 79 S #E 33195 Highway 79 S #e 33195 Highway 79 S 33195 Highway 79 S #A 33195 Highway 79 S 33195 Highway 79 S #3-D 33205 Highway 79 S 33205 Highway 79 S 33205 Highway 79 S 33207 Highway 79 S 33215 Highway 79 S 33215 Highway 79 S #C 33215 Highway 79 S #B 33215 Highway 79 S #lA 33215 Highway 79 S #1-B 33215 Highway 79 S 33215 Highway 79 S #C 33293 Highway 79 S 33322 Highway 79 S 32771 Hislop Way 40055 Hudson Ct 42043 Humber Dr 32665 Hupa Dr 32752 Hupa dr 32416 Hupp Dr 32421 Hupp dr 30497 Ironbark ct 44612 Jamin cr 30962 Jedediah Smith rd 31422 Jedediah Smith rd 27309 Jefferson Ave #101 27311 Jefferson 27314 Jefferson Ave #5/6 27314 Jefferson Ave 27315 Jefferson Av #A&B 27315 Jefferson Ave #F-1 Box 62 Page l of 2 Box 62 27349 Jefferson Ave 27355 Jefferson Ave #D 27355 Jefferson Ave #D 27365 Jefferson Ave #P 27365 Jefferson Ave #N 27410 Jefferson Ave 27416 Jefferson Ave 27420 Jefferson Ave 27420 Jefferson Ave #G 27420 Jefferson Ave 27431 Jefferson Ave 27435 Jefferson Ave 27452 Jefferson Ave #SB 27454 Jefferson Ave 27470 Jefferson Ave 27470 Jefferson Ave #A/2 27489 Jefferson Ave 27489 Jefferson Ave 43042 Kensington PI 43069 Knightsbrige Way 30615 Ko River Ct 31546 Lakeridge ct 28686 Lakeview Rd 43126 Lancashire Common 30800 E. Loma Linda rd 31625 Loma Linda Rd 39585 Long Ridge Dr 41480 Luz Del Sol 31903 Luzon St 31911 Luzon St 31919 Luzon St 31935 Luzon St 31943 Luzon St 31959 Luzon St 31967 Luzon St 31983 Luzon St 31927 Luzon St 31951 Luzon St 31975 Luzon St 27310 Madison Ave #101 27310 Madison Ave #104 27310 Madison Ave #102 27310 Madison Ave 27310 Madison Ave #103 32421 Magenta Ct 45339 Mauey Ct 41955 main Street 43049 Manchester Ct 41221 Margarita Rd 41223 Margarita Rd 41233 Margarita Rd 41238 Margarita Rd 41238 Margarita Rd 41238 Margarita Rd 27533 Marian Rd 30834 Medinah Wy 32016 Merlot Crest 30269 Mersey Ct 43272 Modena Dr 41619 Monterey PI 41637 Monterey Pi 41680 Monterey PI 41710 Monterey PI 30375 Moonlight Ct 30538 Moontide Ct 41915 Motor Car Parkway 41925 Motor Car Parkway 41925 Motor Car Parkway #G 44921 Muirfield Dr 45630 Murfield Dr 43048 Noble Ct 42794 North Star Ct 33203 Old Kent Rd 43200 Orsmby 32352 Overland Trail 32364 Overland Trail 32364 Overland Trail 29805 Pasada Rd 31921 Pasos PI 31933 Pasos PI 31945 Pasos PI 31981 Pasos PI 31950 Puaba Rd 33153 Pauba Rd 30200 Pechanga Dr 31260 Pescada Dr 41263 Pine Tree Cr 41294 Pine Tree Cr 31540 Pio Pico Rd 31580 Pio Pico Rd 41234 Placer Lafite 41242 Placer Lafite 41266 Placer Laflte 41055 Promenade Chardonnay 43035 Pudding Ct 32379 Puerto Oro Box 62 Page 2 of 2 Building Plans 43379-43397 Business Park Dr. 40949-40941 Winchester Rd. 31733-31749 Hwy. 79 So. Tract 14936 Tract 19872-5 Tract 19872-3,4,5,6 Tract 21067 Tract 21082 Tract 21675-5 Tract 21760 Tract 22627 Tract 22627 Tract 22715-2 Tract 22715-2 Tract 22716-1 Tract 22716 Tract 22916-3 Tract 22915-1 Tract 22915 Tract 22916 Tract 23100-2 Tract 23100-1 Tract 23101-2 Tract 23125 Tract 23143-4 Tract 23142 Tract 23143 Tract 23263 Tract 23267~3 Tract 23267-3 Tract 23267-2 Tract 23267-1 Tract 23267-2,3 Tract 23371-9 Tract 23371-7 Tract 23371-3 Tract 24133-4 Tract 24131-2 Tract 24131-1 Tract 24132-1 & F Tract 24133 Tract 24185-2 Tract 25004-1 26040 Ynez Rd. 26419 Ynez Rd. 26419 Ynez Rd. 26440 Ynez Rd. 26460 Ynez Rd. 26480 Ynez Rd. 26531 Ynez Rd. 26531 Ynez Rd. 26531 Ynez Rd. 26531 Ynez Rd. 26550 Ynez Rd. 26580 Ynez Rd. 26580 Ynez Rd. 26700 Ynez Rd. 26845 Ynez Rd. Tract 26861 26895 Ynez Rd. 27321 Nicolas Rd. 27368 Via Industria 27420 Jefferson 27464 Commeme Center Dr. 27469 Colt Ct. 27470 Colt Ct. 27480 Ynez Rd. 27577 Commerce Center Dr. 27624 Jefferson Ave. 27711 Diaz Rd. Tract 27827-1 28071 Diaz Rd. 28231 Ynez Rd. Tract 28309 Tract 28482-1 Tract 28510-1 Tract 28553-1 28690 Pujol 28695 Ynez Rd. 28721 Front St. 28790 Pujol 28980 Front St. 29115 Front St. 29345 Rancho California Rd. 29495 Ynez Rd. 29536 Avenida Del Sol 29581 Margarita Rd. 29581 Vallejo 29676 Rancho California Rd. 29720 Valle Verde 29750 Rancho Califomia Rd. 29835 Del Rey Rd. 29840 La Corona 29930 Via Norte 30105 Via Monterey 30225 Ynez Rd. 30260 Santiago Rd. 30318 Via Val Verde 30385 Del Rey Rd. 30445 Clover Ln. 30530 Rancho Califomia 30545 Estero 30625 Del Rey Rd. 30650 Pauba Rd. 30650 Rancho California 30650 San Pasqual Rd. 30665 Via Notre 30787 Calle Pina Colada 30835 Lolita Rd. 30875 Rancho Vista Rd. 30915 Pescado Dr. 30970 Calle De Velardo 30989 Calle Fuente 31180 Kahwea Rd. 31200 Jedediah Smith Rd. 31205 Kahwea Rd. 31340 Aussie Way 31605 Calle Girasol 31618 Avenia Del Reposo 31755 Via Telesio 31720 Hwy. 79 So. 31720 Hwy. 79 So, 31720 Hwy. 79 So. 31820 Via Levantar 31754 Hwy. 79 So. 31950 Ynez Rd. 31940 Hwy. 79 So. 32020 Hwy. 79 So. 32150 Hwy. 79 So. 32200 Hwy. 79 So. 32220 Hwy. 79 So. 32775 Del Rey Rd. 33195 Hwy. 79 So. 39889 N. General Keamey Rd. 39930 Calle Medusa 40315 Winchester 40315 Winchester Rd. 40325 Winchester Rd. 40365 Winchester Rd. 40385 Winchester Rd. 40395 Winchester Rd. 40395 Winchester Rd. #A 40396 Paseo Del Cielo 40432 Winchester Rd. 40438 Winchester Rd. 40440 Margarita Rd. 40444 Winchester Rd. 40456 Winchester Rd. 40480 Winchester Rd. 40486 Winchester Rd. 40495 Winchester Rd. 40515 Winchester Rd. 40566 Call Torcida 40575 Winchester Rd. 40605 Calle Fiesta 40620 Winchester Rd. 40635 Winchester Rd. 40640 Winchester Rd. 40685 Carmelita 40688 Winchester Rd. 40710 Winchester Rd. 40750 Winchester Rd. 40761 County Center Dr. 40810 Winchester Rd. 40810 Winchester Rd. 40820 Winchester Rd. FC2 40820 Winchester Rd. FC7 40820 Winchester Rd. FC6 40820 Winchester Rd. 40820 Winchester Rd. 40820 Winchester Rd, 40880 County Center Dr. 40900 Winchester Rd. 40900 Winchester Rd. 40940 Via Los Altos 41002 County Center Dr. 41005 Winchester Rd. 41154 Via Ceilito 41221 Margarita Rd. 41257 Margarita Rd. 41273 Margarita Rd. 41320 La Sierra 41731 S. Enterprise Cr. 41735 Winchester Rd. 40820 Winchester Rd. #1000 41915 Business Park Dr. Page I of 2 Building Plans 41915 Business Park Dr. 40820 Winchester Rd. #1120 40820 Winchester Rd. #1280 42130 Winchester Rd. 42142 Roick Dr. 42188 Winchester Rd, 42188 Winchester Rd. 42301 Zevo Dr. 42375 Remington 42380 Zevo Dr. 42480 Rio Nedo 42555 Rio Nedo 42600 Rio Nedo 43053 Margarita 40820 Winchester Rd. #2270 43200 Ormsby Rd. 43216 Ormsby 43230 Ormsby 43355 San Fermin PI. 43399 Calle De Velardo 40820 Winchester Rd. #2620 40802 Winchester Rd. #2645 43528 Calle De Velardo 43675 El Faro Pi. 43775 Calle De Velardo 43996 Calle de Velardo 44217 La Paz 44239 Margarita Rd. 44274 George Cushman Ct. 44274 George Cushman 44520 Bedford Ct. 40915, 40917 Winchester Rd. 41675 & 41695 Enterpdse 434225 Calle Del Velardo Page 2 of 2 B01-0549 27315 Jefferson T.I Ave. B01-2140 29766 Rancho Fuel dispenser California B02-0072 32541 Vail Creek Room add. dr. B01-0901 43094 Corte Room add. Cabrera B01-2388 27919 Jefferson T.I Ave. B01-2663 43460 Ridge Park T.I B01-1012 29720 Rancho TI California B01-2261 27691 Ynez Rd. Fuel dispenser B01-2143 27711 Diaz Rd. TI B01-0097 43385 Business TI Park Dr. B00-2724 40620 Winchester TI rd. B02-2217 31494 Calle Las Room add. Padres B01-2619 42202 Sarah wy Spray booth B02-1887 27555 Ynez Rd. T.I B02-2225 40940 County TI Center B01-2583 27430 Ynez Rd. TI B02-0147 30975 La Serena Generator B01-2916 33215 Highway 79 TI B00-1484 40285 Winchester TI Rd. 1075 43225 Business Walls park dr. B01-2889 33175 Highway 79 TI B02-1370 40820 Winchester New windows Rd. # 2280 B01-2693 39859 N. General Room add. Kearney Rd. B01-2426 27420 Jefferson TI B02-1629 31123 Calle Aragon Room add. B01-0111 28410 Old Town Refrigerator Front B00-2159 27665 Commerce TI Center B01-2250 43881 Coronado Dr. Room add. B01-0549 27315 Jefferson TI Ave. B02-2361 43110 Meadows Power poles Parkway B00-3630 43280 Business TI Park B99-3023 43973 E1 Lucero Room add. B01-2567 43460 Ridge Park TI Dr. B02-2914 33195 Highway 79 Sign South B00-1402 27250 Nicolas Rd. Pool B01-2347 4360 Ridge Park Dr. TI B01-3358 27715 Jefferson TI Ave. 40971 Winchester TI Rd. 40963 Winchester TI Rd. B01-1054 43234 Business TI Park Dr. B02-0249 30026 Santiago Room add. B01-0552 40820 Winchester TI Rd. Daphne's B01-0782 43264 Business TI Park B02-2451 30615 Ko River Ct. Room add. BO 1-2495 30290 Trade Water Room add. Ct. B00-2002 40470 CalleTorcida Room add. B01-2099 41480 Luz Del Sol Room add. B01-1561 40346 Carmelita Cr. Room add. Rancho Sports park Duplicates B01-2567 43460 Ridge Park TI B02-2170 31951 Andrea Ct. Garage Conv. B00-1781 27146 Majello Ct. Add loft B02-2230 33087 Harmon7 Ln. Loft B00-2972 27250 Nicolas Rd. Carports B01-0294 31150 Avenida Del Room add. Reposo B01-1315 31238 ComotiloCt. Room add. B02-2932 42113 Roick Dr TI B02-2236 29390 Via Norte Room add. B02-2898 43391 Business TI park Dr. B02-0834 30612 Southern Room add. Cross Rd. B02-2014 31112 Corte Alamar Room add. B02-1036 40115 Starling St. Room add. B02-2598 27485 Ynez rd. TI B02-1860 32966 Josheroo Ct. Room add. B03-0615 43210 Business Wall Park 23101-6 Park and bathroom 23100-1 Duplicates B02-2653 45292 Esplendor Room add. B00-2409 26531 Ynez Rd. TI B00-3592 27645 Ynez Rd. TI B02-2237 40315 Winchester TI rd. B99-0251 31017 Camino Verde Garage B00-3230 44535 Bedford Ct Wall Sign B00-2658,2659, 2660 27250 Nicolas Rd Patio/garden wall/monument wall B02-2285 31365 Via Norte Room + BOO- 1803 30220 Highway 79 S B00-1998 43357 Business Park Ti B02-2694 28381 Vincent Moraga Remove door and wall B00-0134 30409 Bogart Place ASFR B02-1726 44757 Calle Banuelos Room + B01-0255 31720 Highway 79 S Theraputic Pool 13'x20' B00-2312 40720 Winchester Rd UltraMar B99-1767 27250 Nicolas Rd Supp1 B00-3433 41820 Calle Cedral ASFR B00-3183 31088 Kalwea Garage B00-2838 27555 Ynez Roof Top Cell Site B00-1806 43280 Business Park dr TI B00-1582 40390 Winchester Road Shade Structure B00-2353 27370 Diaz Rd Murrieta Creek Park Pilot B00-3538 43455 Business Park Dr Ti B99-3627 42306 Remington Acom TI B01-2364 41330 La Sierra Road ASFR B02-2893 33195 Highway 79 S Royal Panda B02-2314 31237 Comotilo Room + B02-2047 27468 a-1 Ynez Rd TI Sound of Music B02-2763 41257 Margarita B 103 Ti B02-3096 40395 Winchester Road TI B02-3195 27562 Jefferson TI B01-2222 40456 Winchester Road TI B02-1915 32848 Highway 79 S TI B02-3243 32200 Highway 79 S Ray Wilson Healthy Exercise B00-2980 27617 Commerce Center//8 TI Go Wireless B99-1728 28636 Front Street TI Rosa's Cantina B00-0337 28061 Diaz Rd Ugrade Elect. B00-3479 27515 Jefferson Avenue TI All Star Real Estate B99-3731 40408 Winchester Road Power Center B00-3540 43455 Business Park Dr TI Mickey Thompson Tiros B00-2200 26580 Ynez Road Demo Remodel B03-0345 30925 Deportola ASFR BOO-1382 40390 Margarita Road Addition Hometown Buffet B00-2184 28545 Front Demo B00-1334 43280 Business park Dr TI B00-2713 Supplemental B02-2142 40665 Winchester Road Add 2 floor sinks B02-2876 27544 Ynez Road TI B00-2398 27250 Nicolas Road Trash Enclosures B02-1939 40820 Winchester Road Antie Annes Health Plans TO: FROM: DATE: SUBJECT: Susan W. Jones, CMC, City Clerk Gwyn R. Flores, Records Coordinator June 10, 2003 Request for Destruction of Records Attached "Exhibit B" is a listing of records maintained in the City's Finance Department. The documents identified in Group V have been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in "Exhibit 1", Schedule A, of Resolution No. 92-17. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: Date APPROVED: City Attorney: EXHIBIT "B" CITY OF TEMECULA RECORDS MANAGEMENT DESTRUCTION FILE REPORT Document Date Item Bdef File Reference~ Storage Media Reference Reference Description Security Class Storage Location 140 FY97/98 601-01 Pumhase Orders Group V N/A Boxes 220-224 140 FY98/99 601-01 Purchase Orders Group V N/A Boxes 280-284 140 FY 99/00 601-01 Pumhase Orders Group V N/A Boxes 365-372 ITEM 7 APPROVAL ~/~ CITY~ /F~"~ DIRECTOR OF FINANCE CITY MANAGER ~ CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council ./ Genie Roberts, Director of Finance~'~~/ June 10, 2003 Purchase of City Multi-Purpose Maintenance Truck Prepared by: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council approve the purchase of a Multi-Purpose Maintenance Truck from Spartan Truck Equipment Inc. for $152,646.19. DISCUSSION: On May 27, 2003 the City Council approved an appropriation for the purchase of a large capacity, multi-purpose maintenance truck for use by the Public Works and TCSD Maintenance Divisions. The Public Works and TCSD Maintenance Divisions currently support their operational needs for heavy-duty vehicles such as dump trucks, water trucks, etc. through the use of rental equipment. Because of increased development in the area, these types of vehicles are in high demand and are often unavailable and/or unreliable to meet the City's immediate and ongoing needs. The purchase of this vehicle will provide the versatility of functioning as a fiat bed, water tank, and dump truck and will assist maintenance staff in expediting street repairs, emergency response cleanups, special event activities and ongoing maintenance throughout the community. On Mamh 31,2003 the County of San Bernardino, sent the Request For Proposals (RFP) to area companies capable of providing a Multi-Purpose Maintenance Truck. A total of five (5) vendors responded to the RFP. Staff has elected to utilize the proposals from the County of San Bemardino, which are very competitive and meet the City's requirements. Also, piggyback pricing has been confirmed by the vendor. It is important to note that local dealerships were canvassed to confirm that this size multi-purpose maintenance truck could not be sold by one of the City's auto dealerships. The purchase of this multi-purpose maintenance truck will satisfy the equipment specification. Based on staff's research and close coordination with both Riverside and San Bernardino Counties the below bids are considered competitive. The following are the bid results: Dealer Equipment / Model Price Spartan Truck Equipment International 7500 Diesel Multi-Body Truck 4X6 56,000 GVWR $152,646.19 Carminita Sterling LT9513 $156,748.23 Multi-Body Truck 4X6 56,000 GVVVR T & B Sales L.A. Freightliner Dieterich International 7500 Diesel Multi-Body Truck 4X6 56,000 GVVVR Freight FLD-112 Multi-Body Truck 4X6 56,000 GVVVR International 7500 Diesel Multi-Body Truck 4X6 56,000 GVWR $159,902.07 $170,752.50 $188,606.67 FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2002-03 Operating Budget for the total purchase amount. Attachment: Vendor List City Multi-Purpose Maintenance Truck Vendor List Spartan Truck Equipment Inc. 12266 Branford St Sun Valley, CA. 91352 Carminita Truck Sales Inc. 13443 E. Freeway Dr Santa Fe Springs, CA. 90670 T & B Sales, Inc 3047 North Locust Avenue Rialto CA. 92377 Los Angeles Freightliner 13800 Valley Blvd. Fontana, CA. 92335 Dieterich International P.O. Box 5846 San Bernardino CA. 92412 ITEM 8 A P P R OVAL-/~,,/,t, CITY ATTORNEY DIRECTOR OF FINANC~E_~z''''~ CITY MANAGER ~'~,) TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ~ ManagedCity Council Herman D. Parker, Director of Community Service June 10, 2003 Resolution Adopting FY 2003/2004 Solid Waste Rates PREPARED BY: RECOMMENDATION: Barbara Smith, Management Analyst ~ That the City Council adopt a Resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2003-2004 DISCUSSION: Pursuant to the existing solid waste franchise agreement with C R & R incorporated the rates charged for refuse and recycling for residential and commercial services in the City of Temecula are subject to annual review and modification. The franchise agreement provides for adjustments based upon changes in the Consumer Price Index (CPI) and Riverside County landfill tipping fees. The CPI increase as reported by the U.S. Department of Labor Bureau of Labor Statistics is 2.8%. The County of Riverside Waste Resources Management District has determined that there will be no tipping fee increase in FY 2003-2004 at county landfills. The solid waste commercial rates for fiscal year 2003-2004 reflect the 2.8% CPI increase and no change in the tipping fee. The TCSD Board of Directors will review the single-family residential refuse and recycling collection rate on June 24, 2003 as a part of the proposed TCSD Rates and Charges for FY 2003-2004. The attached Exhibit "D" reflects the new rates for solid waste collection for all collection services to become effective July 1,2003. FISCAL IMPACT: No additional costs will be borne by the City of Temecula since these services are paid for directly by the customers receiving the services. Attachments: Resolution Exhibit "D" U.S. Department of Labor, Consumer Price Index R:~smith b\Trash\03-04 Rates-Staff.doc RESOLUTION NO. 03__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2003-2004 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. that: The City Council of the City of Temecula does find, determine and declare a. The City of Temecula (the "City") and CR & R Incorporated ( the "Grantee") entered into an exclusive franchise agreement on May 28, 1991 for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in the City. b. The franchise agreement provides for periodic rate adjustments based on certain predefined criteria, specifically annual Consumer Price Index ("CPI") adjustments and landfill tipping fee adjustments. c. The franchise agreement further provides a formula to calculate the fee adjustments to be made to the agreement on an annual basis. d. The CPI adjustment is 2.8% for fiscal year 2003-2004. e. There is no tipping fee adjustment for fiscal year 2003-2004. f. The franchise agreement provides that the solid waste fee adjustments are to be adopted by the City Council by Resolution. Section 2. That the City of Temecula approves the solid waste fee adjustments as shown in Exhibit "D" for fiscal year 2003-2004. Section 3. The City Clerk shall certify to the passage and adoption of the Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 10th day of June, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE 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. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of June, 2003 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY of TEMECULA Exhibit "D' Schedule of Rates (effective July 1, 2003) Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate: $ 14.69 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate: $ 14.69 Mechanized single family detached residential additional refuse, and composting container grantee billing Monthly Rate: $ 5.99 Single family detached residential additional bulky item pick up - grantee billing Pick Up Rate: $ 7.23 Commercial. industrial, and multi-family residential refuse monthly bin rates ( one 2 cubic yard bin) with the following pick ups per week: 1 xweek $ 70.41 2 x week $140.82 3 x week $ 211.23 4 x week $ 281.64 5 x week $ 352.05 6 x week $ 422.46 7 x week $ 492.87 Compacted 2 Cubic Yard monthly rate: 2.5 x monthly rate commercial, industrial, and multi-family residential refuse monthly bin rates (one 3 cubic yard bin ) with the following pick ups per week: 1 x week $ 81.43 2 x week $162.86 3 x week $ 244.29 4 x week $ 325.72 5 x week $ 407.15 6 x week $ 488.58 7 x week $ 570.01 Compacted 3 Cubic Yard monthly: 2.5 x monthly rate Conunercial, industrial, and multi-family residential recycling monthly bin rates ( one 3 cubic yard bin ) with the following pick ups per week: 1 x week $ 36.97 2 x week $ 73.94 3 x week $110.91 4 x week $147.88 5 xweek $184.85 6 x week $ 221.82 7 x week $ 258.79 Commercial, industrial, and multi-family residential refuse monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: I x week $ 92.47 2 x week $184.94 3 x week $ 277.41 4 x week $ 369.88 5 x week $ 462.35 6 x week $ 554.82 7 x week $ 647.29 Compacted 4 Cubic Yard monthly rate: 2.5 x monthly rate 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Commercial, industrial, and multi-family residential recycling monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: Temporary 3 cubic yard bin rate: Extra 3 cubic yard pick up: Redeliver and reinstatement rate: Roll-off disposal rate: Roll-off recycling rate: Roll-off compactor rate: Roll-off recycling compactor rate: "Hard to service" vehicle usage rate: "Hard to service" bin moving rate: Special bin lids (locking/CBL) rate: Deodorizing / replacing bin rate: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week $ 48.95 $ 97.90 $146.85 $195.80 $ 244.75 $ 293.70 $ 342.65 $ 71.24 load $ 36.93 per pick up $ 30.63 per occurrence $169.25 landfill/recycle fee $169.25 plus market valve $ 235.65 landfill/recycle fee $ 235.65 plus market valve no charge no charge no charge no charge ITEM 9 A p p R OVA I.~, ,,,.E."'"'- CITY ATTORNEY DIRECTOR OF FIN~'15 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Herman D. Parker, Director of Community Service~ June 10, 2003 Implementation of Special Tax - Measure C PREPARED BY: RECOMMENDATION: Barbara Smith, Management Analyst ~ That the City Council adopt a resolution entitled: RESOLUTION NO. 2003-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2003-2004 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997-98, the Community Services, Parks and Recreation and Arterial Street Lighting Rates and Charges previously levied by the TCSD were replaced by the City of Temecula's Parks/Lighting Services special tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services special tax is to provide for the ongoing operations, maintenance, and servicing of the City's public park and recreation facilities, recreational and human services programs, median landscaping, arterial street lights and traffic signals. The Parks/Street Lighting Services special tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bills for Fiscal Year 2003-2004. The maximum annual tax has been established at $74.44 per single-family residential dwelling unit; $55.83 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non- residential improved property, $148.88 per acre of golf course property, and $37.22 per acre for agricultural uses. r R:\smithb~Assessments\03-04 Assessment\CC Staff Spec Tax.doc June 10, 2003 For Fiscal Year 2003-2004, the total operating budget for parks, recreation, medians, and arterial street lighting services is $7,061,415. The total possible revenue received at the current rate from all taxable parcels within the City for Fiscal Year 2003-2004 is $2,742,295. The difference in operating costs over levy revenue is offset by fund balance transfers, recreational revenues and user fees, and REST Program contributions. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year, approved by the voters, not to exceed the maximum tax rates identified above. As a result, it is recommended that the amounts to be levied as a special tax for Fiscal Year 2003-2004, be less than the maximum amounts established by City Ordinance No. 96-21, in the following manner: $ 63.44 per single family residential dwelling unit $ 47.58 per multi-family residential dwelling unit $126.88 per acre of vacant property in a residential zone $ 253.76 per acre of vacant property in a non-residential zone $ 380.64 per acre of non-residential improved property $126.88 per acre of golf course property $ 31.72 per acre of agricultural property In keeping with the City Council's continued practice of trying to reduce fees to our property owners whenever possible, and even though it is allowable for the City Council to approve this year's Special Tax at the maximum rate, the above recommended Special Tax is a $11.00 per equivalent dwelling unit (EDU) savings from the maximum rate of $74.44 per EDU. This is the same rate as last year. In addition, this will be the eighth consecutive year that the Revenue Excess Sharing in Temecula (REST) program has contributed to the overall reduction in the rates for parks, recreation, and street lighting services. FISCAL IMPACT: The Special Tax levy at the proposed rates will generate $2,742,295. The remaining funds necessary to complete the Parks/Lighting Services budget will be derived from fund balance, recreation revenue, user fees, and general fund contributions. ATFACHMENTS: 1. Resolution to Levy Special Tax. rR:~smithb~Assessments\03-04 Assessment\CC Staff Spec Tax,doc June 10, 2003 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2003-2004 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96-21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with fiscal year 1997-98. Section 2. The maximum amount of said special tax for each fiscal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.83 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.84 per acre of non-residential improved property, $148.88 per acre of golf course property, and $37.22 per acre for agricultural uses. Section 3. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 4. The City Council hereby determines that the following amounts are required to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for fiscal year 2003-2004, which amounts are less than the maximum amounts established by Ordinance No. 96-21 and approved by voters: $ 63.44 $ 47.58 $126.88 $253.76 $380.64 $126.88 $ 31.72 per single-family residential dwelling unit per multi-family residential dwelling unit per acre of vacant property in a residential zone per acre of vacant property in a non-residential zone per acre of non-residential improved property per acre of golf course property per acre of agricultural property .Section 5. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, R:\smithb\Assessments\03-04 Assessment~Reso for Special Tax.doc 06/10/03 correction, cancellation, refund and redemption, are applicable to the special tax, except for California Revenue and Taxation Code Section 4831. Section 6. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of financing recreational and human services programs, and the operation, maintenance, and servicing of public parks and recreational facilities, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 7. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 8. The City Clerk is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 11,2003, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefor. Section 9. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owner's property, such property owner must appeal the tevy by filing an appeal with the City Clerk before 5:00 p.m. on December 1, 2003, pursuant to procedures established by the City. Section 10. If a property owner subject to the special tax believes that payment of the special tax for fiscal year 2003-2004 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 1,2003, pursuant to procedures established bythe City, in order to be considered under the hardship appeal program. Section 11. if any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or podion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 12. The City Clerk shall certify to the adoption of this Resolution. R:Xsn~thbXAssessments\03-04 Assessment\Reso for Special Tax.doc 06/10/03 PASSED, APPROVED AN D ADOPTED by the City Council of the City of Temecula this 11th day of June 2002. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution No. 2003- was duly adopted by the City Council of the City of Temecula at the regular meeting thereof, held on the 10th day of June 2003, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS R:~smithb~Assessments\03-04 Assessment~Reso for Special Tax,doc 06/10/03 ITEM 10 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 10, 2003 Tract Map No. 30681, Located on Pujol Street West of Sixth Street PREPARED BY: ~[ Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer - Land Development RECOMMENDATION: That the City Council approve 1) Tract Map No. 30681 in conformance with the Conditions of Approval. BACKGROUND: Tract Map No. 30681 is a nine (9) lot residential subdivision, located on Pujol Street west of Sixth Street. The survey monuments are required to be set. On August 21,2002, the City of Temecula Planning Commission approved Tentative Tract Map No. 30681, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. It should be noted the Development Impact Fees (DIF) will be due and payable at the time of issuance of the Building Permits. FISCAL IMPACT: None A'I-rACHMENTS: Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 30681 1 r:\agdrpt~003\0610\tm30681 .map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30681 Staff reviewed the following fees relative to their applicabilityto this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Not Paid Not Paid 2 r:~agdrpt~003\0610\tm30681 .map CITY OF TEMECULA ENGINEERING DEP,N~TMENT FEES AND SECURITIES REPORT TRACT MAP 30681 DATE: June 10, 2003 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 30,637.80 $ 15,318.90 Water $ 16,032.00 $ 8,016.00 Sewer $ 5,286.00 $ 2,643.00 TOTAL $ 51,955.80 $ 28,977.90 Monument $ 2,350.00 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Plan Check Fee Monument Inspection Fee Comprehensive Transportation Plan Fees Paid to Date Balance of Fees Due $ 0.00 $ Not Paid $ Not Paid $ 110.00 $ 1,830.00 $ 117.50 $. 8.00 $ 2,065.50 $ o 3 r:~agd rpt~O03\0610\tm30681 .map CITY OF TEMECULA TRACT 30681 ;ITE PUJOL STR 6TH STREET VICINITY MAP NO SCALE. £~t~t~t£~ HJ~XIS o 0 ITEM 11 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council /~ William G. Director of Public Works/City Engineer Hughes, June 10, 2003 Tract Map No. 30682, Located on Sixth Street South of Felix Valdez Road PREPARED BY: I~ Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer- Land Development RECOMMENDATION: That the City Council approve 1) Tract Map No. 30682 in conformance with the Conditions of Approval. BACKGROUND: Tract Map No. 30682 is a six (6) lot residential subdivision, located on Sixth Street South of Felix Valdez Road. The survey monuments are required to be set. On August 21,2002, the City of Temecula Planning Commission approved Tentative Tract Map No. 30682, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. It should be noted the Development Impact Fees (DIF) will be due and payable at the time of issuance of the Building Permits. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 30682 1 r:~agdrpt~2003\0610\tm30682.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30682 Staff reviewed the following fees relative to their applicabilityto this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Not Paid Not Paid 2 r:~agd rpt~2003\0610\tm30682.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP 30682 DATE: June 10, 2003 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 31,732.50 $ 15,866.25 Water $ 9,168.00 $ 4,584.00 Sewer $ 450.00 $ 225.00 TOTAL $ 41,350.50 $ 20,675.25 Monument $ 3,200.00 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Plan Check Fee Monument Inspection Fee Comprehensive Transportation Plan Fees Paid to Date Balance of Fees Due $ 0.00 $ Not Paid $ Not Paid $ 107.00 $ 2,070.00 $ 160.00 $. 8.00 $ 2,345.00 $ o 3 r:~agdrpt~003\0610\tm30682.map CITY OF TEMECULA TRACT 30682 N SITE PUJOL 6TH STRE VICINITY MAP NO SCALE. 17' I *' £ZZ~£S H,I,XIS i £~H~S H&XIS ,% .l.~.q~[iS H.I.XIS ITEM 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ I DIRECTOR Of FINANCEc._/~j~ ciTY MANAGER ---~1 CITY OF TEMECULA AGENDA REPORT ~l~ity Manager/City Council illiam G. Hughes, Direc. tor of Public Works/City Engineer June 10, 2003 French Valley Parkway/I-15 Overcrossing & Interchange, Project #PW02-11 Acquisition Agreement between the City of Temecula and Joseph C. Harold Trust and Charles R. Hebard Trust PREPARED BY: Amer Attar, Principal Engineer Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Approve and authorize the City Manager to execute in substantially the form attached hereto, the PURCHASE AND SALE AGREEMENT BETWEEEN CITY OF TEMECULA AND JOSEPH C. HEROLD AND CHARLES R. HEBARD, for the acquisition of certain real property in the amount of $1,286,768.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document 3. Adopt a Resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 BACKGROUND: On March 18, 2003, the City Council approved the updated Appraisal Report and authorized the City Engineer and the City's agent, the County of Riverside, to make offers and negotiate the acquisition of certain real properties required for the construction of the French Valley Parkway/1-15 Overcrossing and Interchange, Project No. PW02-11. On April 30, 2003, the City delivered to Joseph C. Harold and Charles R. Hebard an offer to purchase the 2.11 Acre real property interests described in the Agreement. Those negotiations have concluded as set forth herein. The attached Purchase and Sale Agreement describe the details for the acquisition of the real property interests necessary to construct the improvements for the future French Valley Parkway Overcrossing and Interchange/ Interstate 15. The purchase amount, $1,286,768.00, is the same amount the City Council authorized for this purchase. I R:~agdq)t~003\0610\PW02-11 automall Agree Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. FISCAL IMPACT: The French Valley Parkway Interchange Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2007. Adequate funds are available in Account No. 210-165-726-5700 for the total acquisition cost of $1,286,768.00 plus the associated escrow fees. A'I-rACHMENTS: 2. 3. 4. Project Location Project Description Purchase and Sale Agreement Resolution No. 2003- 2 R:~agdrpt~2003\0610\PW02-11 automall Agree i / ~ ~oo o 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 AGREEMENT OF PURCHASEAND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") and JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 "Seller" ). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel Nos. 910-262-001 and 910-262- 002, more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in a portion of Assessor's Parcel Numbers 910-262-001 and 910-262-002, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is Page 1 of 8 1 2 $ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total purchase price for the Property shall be the sum of One Million Two Hundred Eighty Six Thousand Seven Hundred Sixty Eight Dollars ($1,286,768). The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow. Escrow shall close on or before one hundred twenty (120) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, and the failure to-close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the return of any funds it has deposited into Escrow. Thereupon, all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a reputable title company (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closin.q Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall Page 2 of 8 2 4 5 6 ? 8 9 10 11 12 15 14 15 16 17 18 19 20 22 2~ 24 25 26 27 28 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of Seller's interests in the Property to Buyer; and (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: A. All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and B. Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: A. The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; B. To Seller's knowledge, no litigation and no govern-mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; C. Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interests in the Property without the prior written consent of Buyer; Page 3 of 8 1 2 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 D. Seller has and shall have paid, before Close of Escrow, his pre rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and E. Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE. A. By execution of his Agreement, Seller, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that Seller either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Page 4 of 8 1 2 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Seller acknowledges that Seller may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. D. Seller hereby agrees and consents to the dismissal of any condemnation action which has been or may be commenced by Buyer in the Superior Court of Riverside County to condemn said land, and waives any and all claim to money that has been or may be deposited in court in such case or to damages by reason of the filing of such action. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Joseph C. Herold and Charles R. Hebard 1550 Auto Park Way N Escondido, California 92029 Buyer: City of Temecula 43200 Business Park Drive P. O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governinq Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Aqreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 ~6 RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Executive Director of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." III III III Page 7 of 8 1 2 3 5 6 8 9 10 11 12 13 14 15 16 1'7 18 19 20 ,21 22 23 JS:sh 24 4/29/0j~5 8.287 26 27 28 EXECUTED on the date or dates set forth below. effective as of the date signed by all parties. DATED: ~ SELLER: (To be filled in ~ief ExeCutive) JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 This Agreement shall be CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL11,1991 CHARLES R. HEBARD, Trustee RECOMMENDED FOR APPROVAL: Real Property Agent BUYER: CITY OF TEMECULA By: SHAWN NELSON, City Manager ATTEST: By: SUSAN W. JONES, CMC, City Clerk APPROv~.B~AS TO FORM: PETER THORSON, City Attorney Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY 1, 1994 AS INSTRUMENT NO. 42137 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AND 910-262-002 1 5 6 ? 8 9 10 11 12 15 14 15 16 17 18 19 2O 22 24 25 26 28 PROJECT: FRENCH VALLEY PARKVVAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") and JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, Califomia, bearing Assessor Pamel Nos. 910-262-001 and 910-262- 002, more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in a portion of Assessor's Parcel Numbers 910-262-001 and 910-262-002, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is Page 1 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total purchase price for the Property shall be the sum of One Million Two Hundred Eighty Six Thousand Seven Hundred Sixty Eight Dollars ($1,286,768). The pumhase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow. Escrow shall close on or before one hundred twenty (120) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, and the failure to-close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the return of any funds it has deposited into Escrow. Thereupon, all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ('q'itle Policy") issued by a reputable title company (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2;4 Escrow and Closin.q Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall Page 2 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 ~0 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of Seller's interests in the Property to Buyer; and (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: A. All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and B. Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: A. The execution and delivery of this Agreement by Seller, Seller's pe#ormance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; B. To Seller's knowledge, no litigation and no govern-mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; C. Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interests in the Property without the prior written consent of Buyer; Page 3 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 D. Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and E. Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE. A. By execution of his Agreement, Seller, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that Seller either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 Seller acknowledges that Seller may have sustained damage, loss, costs or expenses which are presently unknown and. unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. D. Seller hereby agrees and consents to the dismissal of any condemnation action which has been or may be commenced by Buyer in the Superior Court of Riverside County to condemn said land, and waives any and all claim to money that has been or may be deposited in court in such case or to damages by reason of the filing of such action. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Joseph C. Herold and Charles R. Hebard 1550 Auto Park Way N Escondido, California 92029 Buyer: City of Temecula 43200 Business Park Drive P. O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 8 1 4 5 6 ? 8 9 10 11 12 13 '14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governin.q Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire A.qreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Mer.qer. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 8 $ 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 7. RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Executive Director of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." I/I III III Page 7 of 8 1 $ 4 § ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 JS:sh 4/29/0j~5 8.287 26 EXECUTED on the date or dates set forth below. effective as of the date signed by all parties. DATED: /')~flY ,.~'~ ~-~ SELLER: (To be filled in by Chief Executive) This Agreement shall be JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 'H C. HEROLD, Trustee CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 CHARLES R. HEBARD, Trustee RECOMMENDED FOR APPROVAL: Real Property Agent BUYER: CITY OF TEMECULA By: SHAWN NELSON, City Manager ATTEST: By: SUSAN W. JONES, CMC, City Clerk APPROVED AS TO FORM: PETER THORSON, City Attorney Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY !, 1994 AS INSTRUMENT NO. 42137 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AND 910-262-002 h /hi ® ................ 'h 1 $ 4 5 6 7 8 9 10 11 12 15 15 16 17 18 19 2O 21 22 2~ 24 25 26 27 28 PROJECT: FRENCH VALLEY PARKVVAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 AGREEMENT OF PURCHASEAND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") and JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel Nos. 910-262-001 and 910-262- 002, more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in a portion of Assessor's Pamel Numbers 910-262-001 and 910-262-002, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any previsions of this Agreement. If there is Page 1 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total pumhase price for the Property shall be the sum of One Million Two Hundred Eighty Six Thousand Seven Hundred Sixty Eight Dollars ($1,286,768). The pumhase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow. Escrow shall close on or before one hundred twenty (120) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, and the failure to-close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the return of any funds it has deposited into Escrow. Thereupon, all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a reputable title company (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall Page 2 of 8 1 2 3 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of Seller's interests in the Property to Buyer; and (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: A. All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and B. Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: A. The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; B. To Seller's knowledge, no litigation and no govern-mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; C. Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interests in the Property without the prior written consent of Buyer; Page 3 of 8 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Pamel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and E. Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Pamel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE. A. By execution of his Agreement, Seller, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnity Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that Seller either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Page 4 of 8 1 $ 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 25 24 25 26 27 28 Seller acknowledges that Seller may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. D. Seller hereby agrees and consents to the dismissal of any condemnation action which has been or may be commenced by Buyer in the Superior Court of Riverside County to condemn said land, and waives any and all claim to money that has been or may be deposited in court in such case or to damages by reason of the filing of such action. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Joseph C. Herold and Charles R. Hebard 1550 Auto Park Way N Escondido, California 92029 Buyer: City of Temecula 43200 Business Park Drive P. O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 8 1 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for ail purposes. Page 6 of 8 1 4 § 6 ? 8 9 10 11 12 15 14 15 17 18 19 20 21 22 25 24 25 26 27 28 7. RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Executive Director of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." III III III Page 7 of 8 1 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 2O 21 22 23 24 JS:sh 4/29/0~5 8.287 26 EXECUTED on the date or dates set forth below. effective as of the date signed by all parties. DATED: /)~/~)' .5~/~'~ ,~-o 0.~ SELLER: (To be filled in by Chief Executive) This Agreement shall be JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 By: ~~'-~ CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 By: ~c¢.~.J ,~. ~~ ~ CHARLES R. HEBARD, Trustee RECOMMENDED FOR APPROVAL: Real Property Agent BUYER: CITY OF TEMECULA By: SHAWN NELSON, City Manager ATTEST: By: SUSAN W. JONES, CMC, City Clerk APPROv~'~D AS TO FORM: PETER THORSOfl, City Attorney Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 166 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY 1, 1994 AS INSTRUMENT NO. 42137' OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AND 9t0-262-002 ®/ Recorded at request of and return to: Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507-4199 FREE RECORDING This instrument is for the benefit of the County of Riverside, and is entitled to be recorded without fee. (Govt. Code 6103) (Space abo~ e this line reserved for Recorders use) PROJECT: FRENCH VALLEY PARKWAY/ INTERSTATE 15 OVERCROSSING AND INTERCHANGE, CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER17,1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL11,1991 GRANT(S) to the CITY OF TEMECULA, the real property in the County of Riverside, State of California, described as: See Exhibit "A" attached hereto and made a part hereof PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE, CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 Dated: JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLETRUST DATED APRIL11,1991 CHARLES R. HEBARD, Trustee STATE OF CALIFORNIA ~. COUNTY OF~~/~0 )ss On .~'0'-~, before me, ~' a Nota~ Pu~Lc in,an~or ~eid Cqq0ty and State, personally appeared ~o~y ~o~ to m~r prove~o me on the basis of sat~sfa~o~ ewden~) to b the pers0n~ ~ose na~)~re subs~ibed to ~e ~in instrument and a~no~edged to me tha~r/they exerted the same in ~er/their a~horized ~pacity~, and that by. er/their signature~ on the instrument the person~, or the entity upon behalf ~ ~i~ ~e ~rson~, exe~ the ins~me~. Commission # 1315705 San Dl~0 C0un~ Signature ~/'~~/~ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed tq the CITY OF TEMECULA, is hereby accepted by order of the City of Temecula on the 'date below and the grantee consents to the recordation thereof by its duly authorized officer. JS:sh 4/29/03 Date: By: 8.287 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY 1, 1994 AS INSTRUMENT NO. 42137 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AND 910-262-002 o~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ personally appeared Name(s) of Signer(s) [~personally known to me [] proved to me on the basis of satisfactory evidence Commission # 1315708 ~z Notary Public- C~lif~m{a ~ S~n Diego Coun~ ~ Place Notery Seal Above to be the person(,~,)' whose name(,~')~are subscribed to the withi~i~ instrument and acknowledged to me tha[h,.~he/they executed the same in ("~er/their authorized capacity,(j~, and that by ~er/their signature(s) on the instrument the person(~, or the entity upon behalf of which the person,(,~ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen~f¢~~' Title or Type of Document: Document Date: ~//~ ~.~/, ~) Number of Pages: ~,,~'""'" Signer(s) Other Than Named Above: Capacity(les) Claime~,by Signe~r Signer's Name: ~ Individual Top of thumb here ~ Corporate Officer-- Title(s): ~ Padner-- ~ Limited ~ General  A ~orney in Fact Trustee ~ Guardian or Conse~ator S ig her Is Representing: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 10th day of June 2003 by the following vote: Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 3 R:~agdrpt',2003\0610\PW02-11 automa[I Agree 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. 2003-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 10~ day of June 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNClLMEMBERS: Susan W. Jones, CMC, City Clerk 4 R:~agdrpt~003\0610\PW02-11 automatl Agree ITEM 13 APPROVAL~-/--/--/--/--/-~ ClTYATTORNEY DIRECTOR OF FINANC~ ClTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT //)City ManagedCity Council ~i'[William G. Hughes, Director of Public Works/City Engineer June 10, 2003 Amendment No. 2 to Professional Services Agreement, Roripaugh Fire Station Design, Project No. PW03-01 PREPARED BY: Greg Butler, Principal Engineer- Capital Projects David McBdde, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council: Approve Amendment No. 2 to the Agreement with STK Architecture, Inc., for professional architectural services, in an amount not to exceed $134,230.00 for final design, bidding and construction support for the Rodpaugh Fire Station, and authorize the Mayor to execute the amendment. Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $18,432.00, which is equal to 10% of the agreement amount. BACKGROUND: In an effort to expedite the design work on the Roripaugh Fire Station, City Council approved a deposit agreement with the developer of Rodpaugh Ranch (Ashby USA, LLC) and approved a preliminary design contract in the amount of $50,000 with STK Architecture, Inc., on December 17, 2002. The developer initially deposited $50,000 for the preliminary design work. The deposit agreement essentially stipulates how the developer may advance funds to the City for design of the Roripaugh Fire Station which will be reimbursed by the proposed Community Facilities District (CFD). Since that time all preliminary design work on the station has been completed and the developer has expressed a desire to deposit additional funding, in accordance with the deposit agreement, to complete the phase II (final design) of the new fire station. The original agreement with STK Architecture, Inc., outlined the total fee for the project as follows: Phase I (Preliminary Design): $ 50,000 Phase II (Final Design) $102,770 Phase III (Bidding and Construction Support) $ 31,460 Total $184,230 Amendment No. 2 proposes to approve the full compensation limit for all phases of the design agreement, and authorize the Director of Public Works to approve the commencement of any portion of work under the agreement contingent upon either the developer providing the necessary funding or the when funding is provided by the proposed CFD. This will eliminate the need for City R:',AGENDA REPORTS~003~061003~0030610 PW03-01 &mendmenLdoc Council to approve future amendments to the agreement and allow the remaining phases of the design to be completed as expeditiously as possible when funding is received. FISCAL IMPACT: The Roripaugh Fire Station is a Capital Improvement Project funded fifty percent by CFD funds and fifty percent by funds reimbursed by the County of Riverside. The cost of the original architectural design Agreement and Amendment No. 1 is $50,000.00. Amendment No. 2 to the Agreement with STK Architects, Inc. is for an amount not to exceed $134,230.00 to complete the remaining phases. The total cost of the original agreement, including Amendments No. 1 & 2 is $184,230.00. The initial design funding for the Rodpaugh Fire Station will be provided by funds from the developer or the proposed CFD. ATTACHMENTS: 1. Amendment No. 2 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND STK ARCHITECTURE, INC. FIRE STATION NORTHEAST SITE (RORIPAUGH RANCH FIRE STATION) PROJECT NO. PW03-01 THIS SECOND AMENDMENT is made and entered into as of June 10, 2003 by and between the City of Temecula, a municipal corporation ("City") and STK Architecture, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On December 17, 2002 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional amhitectural service ("Agreement") in the amount of $50,000.00 ("Agreement"). B. The Agreement was first amended administratively on March 20, 2003, thereby extending the term if the agreement from March 30, 2003 until June 30, 2004. The Agreement as amended shall be referred to as the "Agreement." C. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement is hereby amended to read as follows: TERM. This Agreement shall commence on December 17, 2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2004, unless terminated sooner by the provisions of this Agreement. 3. Section 5 of the Agreement is hereby amended to read as follows: PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Eighty Four Thousand Two Hundred and Thirty Dollars and No Cents ($184,230.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The payment amount consists of $50,000.00 for Phase Iwork involving preliminary design; $102,770.00 for Phase II work involving construction documents, utility and off-site work coordination and reimbursable expenses; and $31,460.00 for Phase III work that involves bidding and construction support, as provided in Exhibit B. Authorization to commence work and correspondingly eligibility of the Consultant for payment for any portion(s) of the work shall be given by the Director of Public Works when either the developer has deposited sufficient funds to cover any portion(s) of work or when funding for all work under the Agreement is provided for by proposed Community Facilities District. b. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. 3. Exhibit B to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit B is added to the Agreement as set forth on Attachment"A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT STK Amhitecture, Inc. 2575 San Jacinto Avenue San Jacinto, CA 92583-5318 (909) 925-2504 G.V. Salts, Vice President Camille Acton, Secretary (Two Signatures Required For Corporations) 2 ITEM 14 APPROVal CITYATTORNEY DIRECTOR OFFINANCE~ ClTY MANAGER ~_~ TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council .I /'~,~illiam G. Hughes, Director of Public Works/City Engineer June 10, 2003 Authorize Temporary Street Closures for the Street Painting Festival in Old Town (Old Town Front Street, between Third Street and Fifth Street including Main Street between Murrieta Creek and Old Town Front Street) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Aldo Licitra, Associate Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The Annual Street Painting Festival scheduled for June 21st and 22"d of this year necessitates the physical closure of certain streets in the Old Town area, and related detouring, as these streets serve as the canvas on which artists will paint. The street closures will also serve to accommodate and provide the free movement of pedestrian traffic by minimizing potential vehicular-pedestrian conflicts. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. r:~agdrpt~2003\O610~street painting closure The recommended resolution delegates the authority to approve temporary street closures for the Street Painting Festival sponsored by the City of Temecula. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's Street Painting Festival requires the closure of Old Town Front Street between Fifth Street and Third Street and Main Street from Murdeta Creek to Old Town Front Street from 6:00 AM on Saturday June 21st' 2003 to 5:00 PM on Sunday June 22"d' 2003. A detour is proposed on Second Street to Mercedes Street. FISCAL IMPACT: The costs of police, 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. ATFACHMENTS: 1. Resolution No. 2003- 2. Permit Application 3. Location Map 2 r:~agdrpt~003\0610~sb'eet painting closure RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, the City of Temecula desires to authorize the closure of public streets for the Street Painting Festival sponsored by the City of Temecula, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for this special event; and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the Street Painting Festival; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Street Painting Festival sponsored by the City of Temecula, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the Street Painting Festival scheduled from 6:00 AM Saturday June 21st, 2003 to 5:00 PM Sunday June 22nd, 2003 and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th day of June 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W.Jones, CMC, City Clerk 3 r:~agdrpt~2.003\0610~street painting 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. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of June 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 4 r:~agdrpt~003\0610~street painting closure ,.[ plnmnis~ ffartment 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (909) 6944400 (p FAX (909) 694-64'~ (Short Term Actmhes - T~pieall~ less than one ~ear in dnrafion)' Description of Event (Please be specific, attach additional pages if necessary): 2. 3. 4. 5. 6. Event Location Assessor's Parcel No. Date(s) of Proposed Event Estimated Daily Attendance Hours of Operation Number of On-Site Old Town Temecula between Fifth and Third Street APN's 922-030-010,011, 922-070-2108, 922-070-2023 Jun~ 21 & 22, 2003 2500 APPLICANT ADDRESS John Meyer, Redevelopment Director City of Temecula Redevelovment Amencv LAST ' 'FIRST :~ '-' ' MI PHONE NO. (909) 694-6412 P.O. Box 9033 Temecula, CA 92589-9033 OWNER City of Temecula Redevelopment Agency LAST FIRST MI PHONENO. (~p~! 694-6412 ADDRESS NUMBER ~T , . C~ ~( / ] ~T~ OWNER SIGNA~ ~~ APPLICA~ SIGNATU~~~ . ~EN A~HOmATION ~ ~ ~AC.~D~ ~l'l ~N A~HOmA~ ~Y BE A~A~, Submit ten 8 l/2"xl I" or 11 "x17" plans (see attached examples for minimum requirements) for the proposed event that show following: 1. Setbacks of proposed structures from existing facilities 5. Access, driveways, and emergency exits 2. Location of proposed uses and existing buildings 6. Bar area (must be separated by rope/divider, etc.) 3. North Arrow 7. Restroom locations 4. Major roadways and streets 8. Parking If the event is to be held at an existing center, provide a copy of the underlying approved site plan. Evidence of liability insurance naminoo the City of Temecula as an additional insured in the amount of $1,000,000.00 shall be submitted to the City of Temecula Planning Department prior to the event. If the event is to be held on the street, the Public Works Department will require an Application for a Special Event and a lee. You need to apply two (2) weeks prior to your event. Larger events will require additional time. Outdoor displays and sales of merchandise - 2 events per year, not to exceed 4 consecutive days. Only merchandise sold on premises. PLEASE REOUEST A COPY OF THE COMMUNITY EVENTS HANDBOOK FOR FURTHER DETAHS F:\DePts\PLANNING\FORMSLa-PPLICATIONS\APPLICATION FOR TEMPORARY USE PERMIT.doc 1 2003 STREET PAINTING FESTIVAL June 2 I st and 22nd ROAD CLOSURE - Saturday, June 21 6 a.m. to Sunday, June 22, 5 p.m. 20x20 Te~ts/Canopies ~] 10xl0 Shade/Band Canopy ~ PortapottJes I~lFood Vendors Craft Tables/ Commercial Permit Number: LD03-011SE PUBLIC WORKS SPECIAL EVENT PERMIT Job Address: Location: OLD TOWN FRONT STREET Applied: Issued: Expired: 06/04/2003 06/04/2003 12/01/2003 Status: ISSUED Permit Fee: $0.00 NOTE: PERMIT FEE DOES NOT INCLUDE OTHER FEES AUTHORIZED BY CITY ORDINANCE Applicant: CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA CA 92589 909 694 6411 Description: 2003 OLD TOWN TEMECULA STREET PAINTING FESTWAL. THIS EVENT WILL BE HELD ON JUNE 21ST AND 22ND, 2003, AND WILL REQUIRE THE TEMPORARY CLOSURE OF OLD TOWN FRONT STREET BETWEEN THIRD STREET AND FIFTH STREET, INCLUDING MAIN STREET BETWEEN MURRIETA CREEK AND OLD TOWN FRON STREET. STREET CLOSURE HOURS ARE 6:00 A.M. TO 5:00 P.M. EVENT CONSISTS OF ARTISTS PAINTING CHALK MURALS ON THE STREET SURFACE. ADMISSION IS FREE. SECUR1TY WILL BE PROVIDED BY POLICE, FIRE, PUBLIC WORKS, AND CODE ENFORCEMENT. THIS PERMIT IS ISSUED AND ACCEPTED SUBJECT TO THE ATTACHED PROVISIONS BEFORE YOU DIG - CALL (TOLL FREE) 800-422-4133 Permission is hereby requested to encroach into public right of way to perform work as set forth above. It is understood that this permit is limited to the work described herein and that all work is to be done in compliance with the provisions attached to this permit and with all other applicable roles, responsibility for said compliance, for acceptability of the work, and for repair or replacement thereof if defective, and for repair or replacement of any existing improvement damaged by the doing of the work. I hereby certify and agree that all Ordinances of the City of Temecula and the State of California will be complied with whether herein stated or not. Permittee's Signature: City Engineer or Authorized Representative Date ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager~:~-~'- June 10, 2003 First Amendment to Agreement Between City of Temecula and PELA for Landscape Plancheck and Inspection Services PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: Approval of a contract amendment with PELA for landscape plancheck and inspection services for a total contract amount of $97,000.00. BACKGROUND: The Council approved the current contract with PELA on July 9, 2002 in the amount of $75,000.00 to cover the costs of reviewing landscape plans and performing inspections. The landscape review services are provided on a cost recovery basis. The Planning Department requests a line item during the City's annual budget process to fund the on going task of landscape review as part of the development process. The landscape contractor invoices the City and payment for his services come from that specific line item. Fees paid by the applicant during the development process are paid to the General Fund, which offset the invoiced amounts paid by the City to the landscape contractor. The development activity for this fiscal year has been greater than anticipated which has resulted in many more plan reviews and inspections. The amount remaining in the line item is insufficient to carry us through the rest of the fiscal year, thus the need for a contract amendment. The Planning Department has transferred $22,000.00 from our existing budget into the account but we need to amend the contract to reflect the total amount of $97,000.00 that will be expended this fiscal year. FISCAL IMPACT: Contract funded in 2002 -2003 FY Budget under Account No. 161-199- 5250. Additional monies will be transferred internally from the Planning budget to cover the additional anticipated cost of $22,000.00. ATTACHMENTS: First Amendment to Agreement Between City of Temecula and PELA for Landscape Plancheck and Inspection Services. R:\BROWNS\landscape\contract amendment #1 02-03.doc FIRST AMENDMENT TO AGREEMENT BETVVEEN CITY OF TEMECULA AND PELA FOR LANDSCAPE PLANCHECK AND INSPECTION THIS FIRST AMENDMENT is made and entered into as of June 10, 2003 by and between the City of Temecula, a municipal corporation "City"and PELA ("Consultant"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 9, 2002 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for consulting services (landscape plancheck and inspection)" ("Agreement"). B. The parties now desire to increase the payment for services in the amount of $ 22,000.00 and amend the Agreement as set forth in this Amendment). 2. Section Four (4) of the Agreement is hereby amended to read as follows: PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Ninety Seven Thousand Dollars and no Cents ($ 97,000.00) for the term of the Agreement unless additional payment is approved as provided in this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\BROWNS\landscape~Amendment I 2003,doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, City Manager 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:\BROWNS\landscape~Amendment 1 2003.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PELA FOR LANDSCAPE PLANCHECK AND INSPECTION THIS FIRST AMENDMENT is made and entered into as of June 10, 2003 by and between the City of Temecula, a municipal corporation "City" and PELA ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 9, 2002 the City and Consultant entered into that certain agreement entitled C ty of Temecula Agreement for consu bng services (landscape plancheck and 'nspect~on)" ("Agreement"). B. The parties now desire to increase the payment for services in the amount of $ 22,000.00 and amend the Agreement as set forth in this Amendment). 2. Section Four (4) of the Agreement is hereby amended to read as follows: PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Ninety Seven Thousand Dollars and no Cents ($ 97,000.00) for the term of the Agreement unless additional payment is approved as provided in this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\BROWNS\landscape~Amendment 1 2003.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, City Manager 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:\BROWNS~landscape~Amendment 1 2003.doc ITEM 16 ORDINANCE 03-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS TO INCLUDE PECHANGA PARK~NAY BETWEEN STATE ROUTE 79 AND SOUTH CITY LIMITS, RAINBOW CANYON ROAD BETWEEN PECHANGA PARKWAY AND SOUTH CITY LIMITS, AVENIDA DE MISSIONES BETWEEN STATE ROUTE 79 AND VIA RIO TEMECULA, VIA RIO TEMECULA BETWEEN AVENIDA DE MISSIONES AND REDHAWK PARKWAY, COUNTRY GLEN WAY BETWEEN STATE ROUTE 79 AND VIA RIO TEMECULA, DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY, AND WINCHESTER ROAD BETWEEN DIAZ ROAD AND DENDY PARKWAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing prima facie speed limits within the City for certain streets, or pads of streets. WHEREAS, the City conducts Engineering and Traffic Surveys on its roadways in order to determine the appropriate speed limits, WHEREAS, the Engineering and Traffic Surveys on the segments of roadways designated in this Ordinance indicate that the following speed limits be established in accordance with the results of the Engineering and Traffic Surveys. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limit only on the following streets: "Name of Street and Portion Affected Pechanga Parkway: State Route 79 to Rainbow Canyon Road Rainbow Canyon Road to Loma Linda Road Loma Linda Road to Wolf Valley Road Wolf Valley Road to South City Limits Rainbow Canyon Road: Pechanga Parkway to Bayhill Drive Bayhill Drive to South City Limits Avenida De Missiones: Declared Prima Facie Speed Limit, Miles Per Hour 4O 5O 5O 4O 40 40 R:/Ords 2003lOrds 03-05 I State Route 79 to Via Rio Temecula 35 Via Rio Temecula: Avenida De Missiones to Redhawk Parkway "Name of Street and Portion Affected 4O Declared Prima Facie Speed Limit, Miles Per Hour Country Glen Way: State Route 79 to Via Rio Temecula 35 Diaz Road: Winchester Road to Dendy Parkway 45 Winchester Road: Diaz Road to Calle Empleado Calle Empleado to Dendy Parkway 45 45 SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 10th day of June, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Ords 2003/Ords 03-05 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 the foregoing Ordinance No. 03-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 27*h day of May, 2003 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10th day of June, 2003, by the following vote: AYES: 0 COUNClLMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2003/Ords 03-05 3 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 27, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 7:25 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 5 DIRECTORS: Naggar, Councilman Pratt, Roberts, Stone, Comerchero ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 2 1.1 Approve the minutes of May 13, 2003. Children's Museum - Proiect No. PW02-01CSD RECOMMENDATION: 2.1 Appropriate $269,780.00 to the Children's Museum Project Fund from Redevelopment Agency (RDA) Bond proceeds; 2.2 2.2 Amend the contract with Sparks Exhibits and Environments to increase the contract amount to include the cost of materials and installation of new flooring in the amount of $60,000.00 plus a 10% contingency of $6,000.00; Amend the contract with 2H Construction, Inc. to increase the contract amount to include the cost to complete additional structural repairs in the amount of $171,224.25 for a new contract total of $308,647.25 plus a 15% contingency for the new contract contingency total in the amount of $46,297.00. (Pulled for separate discussion; see pages 2-3.) Minutes.csd\052703 I 3 Harveston Specific Plan - Service Level B, Service Level C, and Service Level D Rates and Charqes RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03-08 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 HARVESTON SPECIFIC PLAN BEGINNING FISCAL YEAR 2004-2005 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 4 Financial Statements for the nine months ended March 31, 2003 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 2003. MOTION: Director Mayor Stone moved to approve Consent Calendar Item No. 1, 3, and 4 (Item No. 2 was pulled for separate discussion). The motion was seconded by Director Naggar and voice vote reflected unanimous approval. CONSENT CALENDAR ITEM NO. 2 CONSIDERED UNDER SEPARATE DISCUSSION 2 Children's Museum - Proiect No. PW02-01CSD RECOMMENDATION: 2.1 Appropriate $269,780.00 to the Children's Museum Project Fund from Redevelopment Agency (RDA) Bond proceeds; 2.2 Amend the contract with Sparks Exhibits and Environments to increase the contract amount to include the cost of materials and installation of new flooring in the amount of $60,000.00 plus a 10% contingency of $6,000.00; 2.3 Amend the contract with 2H Construction, Inc. to increase the contract amount to include the cost to complete additional structural repairs in the amount of $171,224.25 for a new contract total of $308,647.25 plus a 15% contingency for the new contract contingency total in the amount of $46,297.00. Mr. Otto Baron, 28681 Pujol Street, stated that, in his opinion, it appears as though less antique shops are being constructed in Old Town; commented that, in his opinion, it would appear as though the preservation of historic buildings may not be a City/District priority; and noted that it Minutes.csd~052703 2 would appear as though Old Town is being developed along Front and Main Streets but not the surrounding streets such as Fourth and Mercedes Streets. To ensure a broader scope of visibility, Director Pratt suggested the implementation of one-way traffic on Old Town Front Street and one-way traffic on Mercedes Street. MOTION: Director Naggar moved to approve Consent Calendar Item No. 2. The motion was seconded by Director Stone and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT Viewing the chosen location of the Children's Museum as an excellent location, General Manager Nelson commented on its close proximity to the Community Theater; applauded the City Council/Community Services District on its efforts to revitalize Old Town; and noted that both the theater and the museum projects will be a wonderful asset to Old Town. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:29 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 10, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\052703 3 ITEM 2 APPROVAL ~f/, ~"'~ II CITY ATTORNEY -~---~--.~. II DIRECTOR OF FINANCE_~ II GENERAL MANAGER ~ JI CITY OFTEMECULA TEMECULACOMMUNITYSERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: June 10, 2003 SUBJECT: PREPARED BY: Award of Construction Contract for the Rancho California Sports Park ADA Access Project No. PW02-06CSD J~/Villiam G. Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer Edc Weck, Assistant Engineer RECOMMENDATION: That the Board of Directors: 1. Award a construction contract to Intemational Pavement Solutions, Inc. in the amount of $36,463.00 for the Rancho California Sports Park ADA Access Project No. PW02-06CSD and authorize the President to execute the contract. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $3,646.30, which is equal to 10% of the contract amount. BACKGROUND: On Apdl 8th, 2003 the Board of Directors approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. This project is for the construction of sidewalks and handicap access to five ball fields at the Rancho California Sports Park. Proposed construction activities include the installation of 4" thick sidewalks and seating areas designated for handicap seating. The installation of sidewalks from the existing walkways to the five ball fields (#3, #4, #5, #7, #8) will enhance the sports park and enable pedestrian and wheelchair access for spectators. Two (2) bids were received and publicly opened on May 27th, 2003. The results of the bid opening are as follows: 1. International Pavement Solutions, Inc. $36,463.00 2. McLaughlin Engineering and Mining, Inc. $41,850.00 The Engineering estimate was $36,000.00. I R:~AGENDA REPORTS~003\061003~PW02~)6CSDAWD.DOC FISCAL IMPACT: The Rancho California Sports Park ADA Access Project is a Capital Improvement Project funded through Community Development Block Grant Funds and Development Impact Fees - Parks & Recreation. Adequate funds are available in Account No. 210-190-180-5804 for the construction cost of $40,109.30, which includes the contract amount of $36,463.00 plus a 10% contingency amount of $3,646.30. ATrACHMENTS: 1. Location Map 2. Project Description 3. Contract 2 R:\AGENDA REPORTS~003\061003\PW02~6CSDAWD.DOC 0 0 TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PWO2-O6CSD RANCHO CALIFORNIA SPORTS PARK A.D.A. ACCESS THIS CONTRACT, made and entered into the 10th day of June, 2003 by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and International Pavement Solutions, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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. PW02-06CSD, RANCHO CALIFORNIA SPORTS PARK A.D.A. ACCESS, 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. PW02-06CSD, RANCHO CALIFORNIA SPORTS PARK A.D.A. ACCESS. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 1612 South Clementine St. Anaheim, CA 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- 06CSD, RANCHO CALIFORNIA SPORTS PARK A.D.A. ACCESS. 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 R:tdp\projects~PW02~)6\Specs~Contract and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 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. PW02-06CSD, RANCHO CALIFORNIA SPORTS PARK A.D.A. ACCESS 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 SCHDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THIRTY SIX THOUSAND FOUR HUNDRED SIXTY THREE DOLLARS and NO CENTS ($36,463.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed twenty (20) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 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 SCEHDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA-2 R:\CIP~Projects~Pw02-06\Contract.doc 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 thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the 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. 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 District 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 DISTRICT 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 DISTRICT. CONTRACTOR is required to promptly notify DISTRICT of any such delay. 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. CONTRACT CA~ R:\ClP~rojects~PW02~)6\Contract.doc 10. 11. PREVAILING WAGES. This is a Federal assisted project and Davis-Bacon Fair Labor Standards Act (Wage #CA020036) of the wage determination Mod #22 Published 03-07- 2003 10 days prior to bid opening) will be enforced. Whenever there is State funding involved, the highest of the two (State and Federal) wage decision prevails. Federal Labor Standards Provisions 4010 of the U.S. Department of Housing and Urban Development in incorporated into this contract and attached. All contractors shall be verified for eligibility through the current HUD List of Debarred Suspended or Ineligible Participants, and the General Services Administration's Consolidated List of Debarred, Suspended and Ineligible Contractors prior to being authorized to participate ion this project. Any Sub-tier Contract(s) resulting from this contract must contain the same contractual language as the original contract. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, 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 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 DISTRICT. CONTRACTOR shall hold the County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or CONTRACT CA~ R:\CIP\Projects\PW02q)6\Contract.doc 12. 13. 14. 15. 16. 17. Subcontractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions where in furtherance of the work required by the Contract Documents and agrees to defend at his expense including attorney fees, City, County of Riverside, its officers, agents, employees and Independent Architect in any legal action base on any such alleged acts or omissions. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the city. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District 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 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 CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. CONTRACT CA-5 R:\CIP~Projects\PW02~6\Con~ct.doc 18. 19. 20. 21. 22. 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 contractoflconsultant convenants and agrees to their knowledge that no board member, office 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 Adicle 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 CONTRACT CA~ R:\CIP~Projects\PW02-06\Contract.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR International Pavement Solutions, Inc. P.O. Box 10458 San Bernardino, CA 92423-0458 (909) 794-2101 Dennis C. Rieger, President Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT APPROVED AS TO FORM: Jeff Comerchero, President Peter M. Thorson, City Attorney Al-rEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-7 R:\CIP~Projects~°W02~)6\Contract. doc ITEM 3 TO: FROM: DATE: SUBJECT: A P P R O VA Lj'~/~,.,,~"'"'-"- CITY ATTORNEY /'~"'"~... DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT Board of Directors /_/ Herman D. Parker, Director of Community Services~____~ June 10, 2003 Professional Services Agreement for TCSD Landscape Plan Check and Inspection Services PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: Approve a Professional Services Agreement with PELA, a Landscape Architectural Firm, for TCSD landscape plan check and inspection services in the amount of $60,000 and authorize the Board President to execute the agreement. BACKGROUND: Since 1993, PELA, a Landscape Amhitectural Firm, (PELA) has provided landscape plan check and inspection services to the TCSD to augment the Maintenance and Development Services Divisions of the TCSD. These services are necessary to insure that future developer-constructed City parks and landscape maintenance areas are designed and constructed to TCSD standards. Staff is pleased with the services provided by PELA. The current agreement between PELA and the TCSD expires on June 30, 2003. The proposed agreement is for a term of one year with two (2) one-year extensions. These renewals are at the City's sole option. The following agreement provides for plan check and inspection on developer-constructed projects only. Developers pay the TCSD for the necessary landscape and inspection services. In return, all plan check and inspection revenue collected from the development community offsets the costs for services provided under this contract. FISCAL IMPACT: There is no net fiscal impact to the TCSD. The fees paid to the consultant are offset by the plan check and inspection fees paid by the developers. Sufficient appropriations are in the FY 2003-2004 budget in fund 190-180-999-5248 (Parks and Medians) in the amount of $20,000 and in fund 193-180-999-5248 (Slopes) in the amount of $40,000. ATTACHMENTS: Professional Services Agreement R:~smithb\Pela\03-04 Staff Report.doc 06/26/01 ClTY OFTEMECULA AGREEMENT FOR CONSULTANT SERVICES TCSD Park~LandscapePlanCheckandlnspectionServices THIS AGREEMENT, is made and effective as of June 10, 2003, between the City of Temecula, a municipal corporation ("City") and PELA, a Landscape Architectural Firm {"Consultant"). In consideration of the mutuat covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1,2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. Contract may be extended by mutual agreement for two (2) one (1) year additional terms. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant · shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and no cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Updated 5/21/O3 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failu re to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fled and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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. Updated 5/21/03 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $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) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions 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. Updated 5/21/03 d. Other policies are to contain, or be (1) (2) (3) (4) (5) Insurance Provisions. The general liability and automobile liability 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. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements affecting 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. Updated 5/21/03 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Updated 5/21/03 To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PELA, a Landscape and Architectural Firm Attention: Mike Elliott 637 Arden Drive Encinitas, CA 92024 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Mike Eltiott shall perform the services described in this Agreement. Mike Elliott may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Mike Elliott from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full rome and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. Updated 5/21/03 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. Updated 5/21/03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, CSD President Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT PELA, a Landscape Architectural Firm 637 Arden Drive Encinitas, CA 92024 (760) 944-8463 By: Name: Michael G. Elliott Title: Landscape Architect, No. 2011 Updated 5/21/03 ~IBIT A May 13, 2003 Ms. Barbara Smith, Management Analyst CITY OF TEMECULA Community Services Department 43200 Business Park Drive Temecula, California 92589-9033 City of Temecula, Community Services Department Landscape Plan Check & Inspection Services Dear Barbara, The following is our proposed scope of services and fees for landscape plan check and inspection services for the Tcmecula Community Services Depa~hnent for thc fiscal year of July 2003 through June 2004. SCOPE O1~ SERVICES: A. Upon notification from the Temecula Community Services Depamnent (TCSD) that construction plans are ready for review, PELA will pick up plans at the City. Two sets of plans will be required. B. PELA will review the plans verifying consistency with TCSD standards and specifications, map conditions of approval and CC&R's. One set of plans will be red-lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with TCSD standards. Items not addressed in TCSD standards but that are outside of profession norms will also be marked for explanations from the applicant. C. PELA will return plans and plan check comments to TCSD within two (2) weeks of receipt of the first submittal; one (1) week for second and third submittals. Plan check comments will also be provided via e-mail for use by the City. D. Once revisions have been resubmitted by the applicant, PELA will re-check the plans for conformance. Should all revisions have been made and all questions answered, the plans will be ready for approval. If all revisions are not made, one set of plans and thc check list will be red- lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. E. Upon request of TCSD, PELA will review and approve construction cost estimates of proposed improvements in order to determine bonding requirements if required for the project. F. Upon request of TCSD, PELA will attend meetings as required (i.e. pre-design meetings and interim reviews of consffuction plans with applicants in order to communicate issues with designers, pre-construction meetings, etc.) Upon request of TCSD, PELA will provide landscape construction inspection services in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project manager after each inspection. H. Other Tasks: PELA will provide other tasks as requested by the City. KX H ~[~I~ ~ FEES: Plan Check Fees; The following fees are based on reviewing a maximum of 3 submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $85.00 per sheet. SOUARE FOOTAOE OF PROJECT 0 - 10,000 10,001 - 25,000 25,001 - 100,000 100 135 165 200 250 300 350 001 ~ 135,000 001 - 165,000 001 - 200,000 001 - 250,000 001 - 300,000 001 - 350,000 001 - 400,000 400,001 & up FLAT PLAN CHECK FF.F. $600 (minimum charge) $860 $1,120 $1,380 $1,620 $1,890 $2,160 $2,430 $2,700 $2,970 $2,970 + .0075 for each sq. fi. above 400,000 sq. ff. Plan checks beyond the 3a Check $85.00/sheet Miscellaneous Meetings: Misc. Meetings FLAT FEE OF $250.00/MEETING & PROJECT Landscaee Ins~ection Fees; Landscape Inspection FLAT FEE OF $250.00/VISIT Other Tasks: Tasks not outlined in the scope of work shall be performed on an hourly basis at the rate of $86.00 per hour or a mutually agreed upon fiat fee. ACORD. CERTIFICATE OF LIABILITY INSURANCE Diego, CA 92101 637 Arden Drive Encinl~as, CA 92024 1-619-234-6848 I 0ATE (MM/DDrCY} 00/12/02 THIS CERTIFICATE IS ISSUED AB A MATTER OF iNFORMATION ONLY AND CONFER~ NO RIGHT~ UPON THE CERTIFICATE HOLDER. THI~ CERTIIRCATE DOF~ NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIE~ BELOW, IN~3URERB AFFORDING COVERAGE COVERAGE~B THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOIl THE POLICY PERIOO I~DICATED. NOTWITHSTANDING ANY REGUIREMENT, TERM OR CONDITJON OF ANY CONTRACT OR OTHER DOCUMENT WITH RE~T TO WHICH THI~ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN 'THE INSURANCE AFFORDED BY THE POLICIES DEBORIBED HERE N 8 SUBJECT TO ALL THE TERMS EXCLUSIONB AND CONDITIONS OF SUCH POLIC ES. AGGREGATE LIMIT8 SHOWN MAY HAVE BEEN REDUCED BY PAID CIA MS, I CLaiMS MAOE I--~ OCCUR MED EXP {An)' erie pei'~n) $ 10,000 '~ OCCUR [] CLAMS ~ CITY OF'J'EME =ULA ~e~=e~-TE $ ENGINEERING DEl: ~RTMENT CERTIFICATE HOLDER CANCELLATION City of Temecula Public Works DeDt. Anita Pyle P.O. Box 9033 Tea~¢ula, CA 92589-9033 USA ACORD 25-S (7/97) 738002 e ACORD CORPORAllON 1988 May27,2003 Ms. Barbara Smith, Management Analyst CITY OF TEMECULA Community Services Department 43200 Business Park Drive Temecula, California 92589-9033 City of Temeeula, Community Services Department Landscape Plan Check & Inspection Services Worker's Compensation Insurance Exemption Dear Barbara, Paragraph 9. Insurance Requirements, a., (3) of our contract requires a declaration that we have no employees in order to allow our office not to carry Worker's Compensation Insurance. This letter is to inform you that our office has owners only and no employees. Should you have any questions or need additional information, please feel free to contact me. Sincerely, Michael G. Elliott, Landscape Architect, No. 2011 c:\City of Tcmecula Plan Ch¢cks\TCSD Plan Checks\ Workmans Compensation Exemption 637 Arden Drive · Encinitas · California · 92024 · (760) 944-8463 ITEM 4 APPROVAL/~.v, CITY ATTORNEY ]~v~ DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services June 10, 2003 Acceptance of Landscape Bonds and Agreements for Parcel Map No. 29535, Roripaugh Ranch PREPARED BY: RECOMMENDATION: Barbara Smith, Management Analyst That the Board of Directors: Accept the agreement and surety bonds from Ashby USA, LLC to improve the perimeter slopes and parkways along Murrieta Hot Springs Road within Parcel Map No. 29535. BACKGROUND: Pursuant to the conditions of approval for Parcel Map No. 29535, Roripaugh Ranch is proposing to improve certain perimeter slopes and landscaped parkways adjacent to Murrieta Hot Springs Road. Once the landscaping is installed and the Temecula Community Services District (TCSD) has approved these landscaped areas TCSD will take over the maintenance responsibilities of the proposed landscaped improvements within Parcel Map No. 29535. To insure that the slopes/parkways are constructed to City standards, the developer is normally required to post securities to improve these areas based upon the approved landscape/irrigation plans and the certified construction cost estimates for the improvements. As of this date, the final landscape plans for the parkways along Murrieta Hot Springs Road have been through a preliminary plan check and has been tentatively approved. Since these plans do not have a final approval, TCSD has agreed to accept the bonds in the amount of 125% of the landscape/irrigation improvement costs. As a result, Ashby USA, LLC has entered into an agreement with the City and has provided surety bonds, issued by Developers Surety and Indemnity Company, as follows: Slopes and Parkway Landscapinq AIon~ Murrieta Hot Sprinqs Road: 1. Faithful Performance Bond No. 833599S in the amount of $412,104.00. 2. Labor and Materials Bond No. 833599S in the amount of $206,052.00. 3. Warranty Bond No. 833599S in the amount of $41,210.00. Upon completion and acceptance of the improvements by the TCSD, staff will recommend the appropriate release or reduction of the bonds. R:~mithb\Bonds\Sfaff Tract 29535 Roripaugl~,doc FISCAL IMPACT: borne by the developer. ATFACHMENTS: None. The cost of construction for the perimeter slope areas wilt be Vicinity Map Project Map Agreement/Bonds. RSsmithb\Bonds\Staff Tract 29535 Roripaugh.doc '0~ N037 D. Zo~ CITY OF TEMECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: ASHBY USA, LLC (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: RORIPAUCH RANCH (Referred to as "SUBDIVIDER") TRACT NO.: 29535 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (Referred to as "Resolution of Approval',) PARKLAND IMPROVEMENT PLANS NO.: ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS:S. 329,683. COMPLETION DATE: MAY 15, 2004 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: DEVELOPERS SURETY AND INDEMNITY COMPANY NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: DEVELOPERS SURETY AND INDEPR~ITY COMPANY NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: DEVELOPERS SUPJ[TY AND INDEm,'ITY coMPAt~ RSsmithb\Bonds\Landscap[ng Bond Agreement.doc 1 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIViDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Security required by R:~smithb\Bonds\Landscaping Bond Agreement.doc 2 the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of R:~smithb\Bonds\Landscaping Bond Agreement.doc 3 Parkland/Landscape Improvements by the Completion Date. CiTY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with 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 the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall R:~smithb\Bonds\Landscaping Bond Agreement.doc 4 pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider 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 Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other R:~smithb\Bonds\Landscaping Bond Agreement.doc 5 interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Riqhts-of-Wa¥. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of- way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and R:~smithb\Bonds\Landscaping Bond Agreement.doc 6 b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for R:\smithb\Bonds\Landscaping Bond Agreement.doc 7 faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community R:\smithb\Bonds\Landscaping Bond Agreement.doc 8 Services shall certify the completion of the Improvements to the Board of Directors. b. SUBDIVIDER shall continue Parkland/Landscape to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection' and certification. 6. Release of Securities. Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and R:\smithb\Bonds\Landscaping Bond Agreement. doc 9 acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision R:~srnithb'tBonds\Landscaping Bond Agreement.doc 10 monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. R:\smithb\Bonds\Landscaping Bond Agreement.doc 11 b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. R:~smithb\Bonds\Landscaping Bond Agreement.doc 12 c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIViDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to per[orm any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing pedormance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and R:\smithb~Bonds\Landscaping Bond Agreement. doc 13 specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not A.qent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injuryto Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Aqreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to R:~smithb~Bonds\Landscaping Bond Agreement.doc 14 the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vestinq of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and R:\smithb\Bonds\Landscaping Bond Agreement.doc 15 Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. R:\smithb~Bonds\Landscaping Bond Agreement.doc 16 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement, Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19, Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than t4~¥ ].5. 2004 In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing R:~smithb\Bonds\Lendscaping Bond Agreement,doc 17 performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vestin.q of Ri.qhts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it. is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: ASHBY USA, LLC 470 E HARRISON CORONA: CA 92879 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. R:~smithb\Bonds\Landscaping Bond Agreementdoc 1 8 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Liti.qation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider 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 Subdivider to comply with this section. 28. Entire A.qreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. R:\smithb\Bonds~Landscaping Bond Agreement.doc 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER ASHBY USA, LLC By: ASHBY DEVELOPMENT COMPANY, INC a CALIFORNIA corporation Namo~anasin8 Member Title: CITY OF TEMEOULA By:A,~ffBY DEVELOPMENT COMPANY: INC. a CALIFORNIA corporation Name:Managing Member Title: By:. ~ Name: Title: Justin K. Ashby president (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By: Name: City Engineer By: Name: Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney R:~smithb~Bonds~..andscaping Bond Agreementdoc 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CoUnty of '~/'J.~rq.~/~x~/.~ ss. On personally appeared .before personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are  subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ///~, executed the instrument. ~N~ ~~nd °i~j~~ ~.~..o,a~ s..~ ^bovoC PTI~''''-)- OI~A L s,~.~,u,, o~ .o,.~ ~.~,~ Though the information below is not required by law, it may prove valuable lo persons relying on the document and could prevent fraudulent removal and rea~achment of this form to another docume~u~ /~-- , Description of Affache~cument / ~ /~ _ ~ L-~_I ~tle or Type of Documem: ~/OJ?~ /~~ ~ ~~ / ' . Document Date: ~-/~- ~ Number of Pages: ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual ~Corporate Officer-- T]tJe(s): ~-~ ~ Pa~ner-- ~ Limited ~ GeneraJ ~ ARorney in Fa~ ~ Trustee ~ Guardian or Conse~ator ~ Other: Signer Is Representing:Q~, EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) R:~mithb\Bonds\Landscaping Bond Agreement.doc 21 ~,/tssociates Irl¢. LANDSCAPE ARCHITECTURE PARK PLANNING & OESIGN PROJECT MANAGEMENT ASLA MURRIETA HOT SPRINGS ROAD LANDSCAPE IMPROVEMENTS PRELIMINARY COST ESTIMATE CITY OF TEMECULA .................... Ma_y_._2,~2_~o3 IRRIGATION QTY. UNIT UNIT COST TOTAL 1. 12" Po~_-Up~ray Heads with Lateral Line 1,033 ____EA~ __$40.0~0 .... $~41,32_0=_0.0_ 2. 1/2" Backflow Preventer with Enclosure I EA $2,500.00 $2,500.00 3. Master Control Valve I EA $250.00 $250.00 4. _R_e_mote Control Valve with Wiring_ 23 EA $250.00 $5,750.00 5.1Main Line 2,880 LF $6.00 __._$_17_,_2___8_0~.:0~0_ __6_.!Flow Meter ..... 1-- ......... ~___ -'"'-~00.0~ ......... $_500.00 7.Ba, Valves .~ ...... ~ ........... _$2_ _0.0_._00 ......... _$_].,._2.q~0:0_0 _~.: Q_uick Coupler Valves ................ _1_5_ __ _F_~..... $150.00 $2,250.00 ._9. Controller 1 ~ ~$.E,_00~0.~00 ..... $_._7.~_00.(~.:_00. _10_:_Sl~eving_ 350 ....... _tS $6.00 $2,100.00 _11~.. Flu_shi~ng,_~ustij 1 LS __ $750.00 $750.00 SUBTOTAL $80,900.00 __~_PLANTING QTY. - UN-;f -__ UN~f~Sf .... YOYAL 12. Soil Preparation 48,617 SF $0.15 $7,292.55 13. 36" Box Trees 148 EA ____$500~.0~_0 .......... $7__3,~0_00.00 14. 5 Gallon Shrubs 4,316 EA $22.00 $94,952.00 15. Ground Cover (Flats) 33,162 ____,.~ __ _ $0.2_5~ ....... $_8_,~290.50- j_~.:. _Hy_dr_~os_e_e~ ........................................ _4_8~,817 . SF $0..~_ 9 .... $4,8_~1.E9' .I_Z_. 2" Thick Walk-On Bark Mulch _ _ 5~60~ __~__ $3_0_:_0_(~ ....... --$16 8~00_.~0_0_ 18. 30 _D_ay_ Planl Establishment 94,305 SI: $0.02 $1,886.10 19. 60D~. Planl Maintenance 94,305 SI: _ $~0_.04 $3.772.20 SUBTOTAL .................. $~2_10,855.05__ TOTAL ........ $~2_9._1,7~55. O 5 GENERAL CONDITIONS 3% ......... ~$8_,752.6~ CO"T H E.C¥ 10°/o ___ $29,1 5. t TOTAL OF PROJECT Date 2221 EAST WINSTON ROAD., SUITE A, ANAHEIM, CALIFORNIA 92806 PHONE 714-776-4340 FAX 714-776-4395 www. hha-landarch.com Bond No. 833599S Premium $6,594.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated ~A¥ o~l t 20o.~_~, and identified as Project Tract 29535, Roripaugh Ranch , is hereby referred to and made a pm hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; Developers Surety and NOW, THEREFORE, we the Principal and Indemnity Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $412,104.00 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgem, ent rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. Ill IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 9 , 20 03 DEVELOPERS SURETY AND INDEMNITY COMP~qY ASHBY USA, LLC SURETY PRINCIPAL Rhonda C. Abel 0 AME) Attorney-in-Fact (TITLE) BY: Ashby Development Company, Inc. a California corporation, Managing Member (NAME) dustin K. Ashbv President OITLD APPROVED AS TO FORM: Peter Thorsen City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia t ss. Coun~ of Ri versi de On May 12~ 2003 Oate pemonally appeared beforeme, Oennifer Mvl~,m. Nnt'mr'v Puhl-lr. Justin K. Ashby ~Xpemonally known to me [] proved to me on the basis of satisfactory evidence . ~ C0mm.# 1217859 ~j~ ~ NOTARY PUBLIC CALifORNIA ,~ ~,/ Sun ~lnuldino County ~My Comm. Ex~i~es Mev 14, 2003 to be the person(~) whose name/x~ is/aXe( subscribed to the within instrument and acknowledged to me that he/~-~y executed the same in his/h~r authorized capacity~{{~,~, and their" 'U~ his/h~,t~ir signature(~ on the instrument the person(~), or the entity upon behalf of which the person~ acted, executed the instrument. my_hand and o~lc'~l sea.it OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titte or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing:. "' ~ALIFoRNIA ALL-PURPOSE ACKNOWLEDGMENT No. 6907 State of California County of Orange DATE personally appeared Rhonda C. Abel before me, Alexis H. Bryan, Notary Public NAME, TITLE OF OFFICER- E,G, "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF0~/OTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) ~ [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: LIMITED GENERAL TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725~ [RVINE~ CA 92623 · (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS. Ihltl excepl as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA do each severally bul nol jointly hereby make. constitute and appoinl: · **Rhonda C. Abel, Suzanne Xiros, James A. Schaller, Mike Parizino, Linda Enfight, Patricia H. Brebner, Jane Kepner, Nanette Mariella-Myers, Jeff Apodaca, jointly or severally *** of surelyship giving and granting unto said Atlorney(s)-in-Fact full power and anthority lo do and Io perform every act necessary, requisile or proper to be done ill connecbon Iherewilh as each of said corporabons could do, but reserving Io each of said corporations full power of substitution lind revOCaliOn, and all of Ihe ucls of said Atlorney(s)-in-FncL pursuant to these presenls, are hereby rafiried and conrirmed. This Po';ver of Allorney is granted and is signed by facsimile under and by nulhority of the following resolutions adopted by the respective Board of Direclors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I. 2000: RESOLVED, that the Chairman or'the Board, Ihe President and any Vice President of Ibc corporalion be, and thai each of Ihem hereby is. aulhorized to execute Powers of Altorney, qualifying Ihe atlorney(s) named in Ihe Powers of Attorney lo execute, on behalf of Ihe corporalions, bonds, undertukings and conlracts of suretyship: and thai Ihe Secretary or any Assislanl Secretary of the corporations be. and each of lhem hereby is. authorized lo allesl the execution of nny such Power of Attorney; RESOLVED, FURTHER, Ihal the signalures of such oflicers muy be affixed lo any such Power of Attorney or to any cerl[ficnte lehlling Iherelo by facsimile, and IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these pre,als to be signed by their respeclive Executive Vice Presidenl and talested by their respeclive Secrelary Ihis 8~h day of November. 20110. David H. Rhodes. Execulive Vice President STATE OF CALIFORNIA COUNTY OF ORANGE ) )SS. ) CERTIFICATE ORANGE COUNTY ~-/ca. am.~.,~ a, 2ao~ The undersigned, ;is Chief Operating Olficer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby cerdfy thai Ihe foregoing Power of Attorney remains in frill force and has nol been revoked, and furthermore, thai the provisions of Ihe resolutions of the respective Boards of Direclors of said corporalions set forth in I he Power of Al~orn.¢~,, are in force as of the dale of Ihis Certificate. ThsCer tic e sexecued n heC yof v e.C lorn ,he?~d y f David G. Dine, Chief Operating Of ricer ID- 138(} ( I 1/00) Bond No. 833599S Premium included in charge for Performance Bond CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Ashby USA~ LLC , (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated ~A'v ~'~ 20o'~, and identified as Project Tract: 29535, Roripaugh Ranch, is hereby referred to and made a part hereof; and WHEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work. to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and Developers Surety and NOW, THEREFORE, we the principal and Indemnity Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $206,052.001awful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 R:~mithb~Bonds\parkland landscape hbor and materials bond.doc- (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R:M mithb~B onds\paxkland landscape labor and materials bond.doc- 2 - IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 9 , 20 03 (Seal) (Seal) DEVELOPERS SURETY AND INDEMI~tTY COMPANY SU~,ETY BY~--~ Rhonda C. Abel (Name) At tornev-in-Fact (Title) ASHBY USA, LLC PRINCIPAL By:. Ashby Development Company, Inc. a California corporation Managin 9 Member (Name) (Title) dustin K. Ashby (Name) President (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney R:~ mit hbqt onds~parkland landscape hbor and materials bond.doc- 3 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of Riverside On May 12, 2003 personally appeared Justin K. Ashby beforeme, JennifeP Mvle~ Nntav, v PHhl'i~, Nam and ~l~e of Offi~r (",g,~"Jane Oo~, Noaa~'Fut~ci - Z~(personally known to me [] proved to me on the basis of satisfactory evidence to be the personl~) whose name/A~ is/aXe( subscribed to the within instrument and acknowledged to me that he/~'j~y executed the same in his/h~ir authorized capacity~((X'~{, and tha'['"§~ his/h~[rA~ir signature(~ on the instrument the person0~), or the entity upon behalf of which the person~X acted, executed the instrument. OPTIONAL Tl~ough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent [raudulent removal and rea~tachment of this form to another documen£ Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney.in-Fact [] Trustee ~ Guardian or Conservator ~] Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5;07 State of California County of Orange DATE personally appeared Ehonda C. Abel before me, Alexis H. B~an, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Commission# 1306738 Notary Public- California Orange Caunty MyComm Expires Jun 1,2005~ WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED GENERAL [] A'I-I'ORNEY-IN-FACT [] TRUSTEE(S) ~-]' GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATEOFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmel Ave., P.O. Sox 7184 · Canoga Park, CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE, CA 92623 · (949) 263-331X) KNOW ALL MEN BY THESE PRESENTS. thai except as expressly fimiled. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, btfl not jointly, hereby make. constitule and appoinl: · **Rhonda C. Abel, Suzanne Xiros, James A. Sehaller, Mike Parizino, Linda Enright, Patficia H. Brebner, Jane Kepner, Nanette Mariella-Myers, Jeff Apodaca, jointly or severally *** as the Irue and lawfld Attorney(s)-in-Fact. to make, execule, deliver and acknowledge, for and on behalf of said corporations tis sureties, bonds, undertakings and contracts of suretyship giving aod granting unlo said Attorney{s)-in-Facl full power and aulhorily Io do and to perform every act necessary, requisile or proper to be done in connection Iherewilh as each of said corporations cotdd do. bul reserving lo each of said corporalions lull power of subslilulion and revocation, and :il{ of Ihe acls of said AIIorney(s)-in-FacL pnrsuanl Io Ihese presents, are hereby rulified and confirmed. This Power of Atlorney is granled and is signed by facsimile under and by aulhorily of the following resolullons adopled by Ihe respective Board of Direclors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effeclive as of November I. 21100: RESOLVED. Ihal Ihe Chairman of Ihe Board. the President and any Vice President ot the corporation be. and Ihat each of Ihem hereby ix. uulhorized to execule Powers of Al~omey. qualil~Jng the attorney(s) named in Ihe Powers of Attorney ~o execute, mi behalf of the corporations, bonds, undertakings and conlracts of suretyship: RESOLVED. FURTHER. that the signalures of such officers may be affixed IO any snch Power of Allorney or Io any certificate relating Iherelo by facsimile, and IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused Ihese David H, Rhodes. Executive Vice Presidem STATE OF CALIFORNIA COUNTY OF ORANGE ) )SS. On November S. 20(10. before me. Diane J. Kawata. personally appeared David H. Rhodes and Walter A. CrowelL personally known to me (or proved to me on aulhorized capacities, and Ihat by their signatures on the inslrumenl Ihe entity upon behalf of which Ihe persons acted, executed the instrument. WITNESS my hand and official seal CERTIFICATE :, ~ NOIARY PUBLIC - CALIFORNIA ~ I The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cerlify Ihat the foregoing Power of Auorney remains in full force and has not been revoked, and furthermore, thai ~he provisions of the resolutions of ~he respeclive Boards of Directors of said corporalions set fo,h in Ihe Power of Attorqe~v. are in Ibrce as of the date of this Cerlificate. This Cerdt'icate is execuled in the City of hvine Calil~mia the ~'~--d~lv of ,~--~, ~,(~ , 0~,~__~. David G. ~me. Chief Opemling Officer ID-1381~ ( I 1/00) Bond No. 833599S Premium included in charge for Performance CITY OF TEMECULA Bond PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Ashby USA, LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated identified as Project Tract 29535, Roripaugh Ranch part hereof; and t~ ~,~' off 200'5 and , is hereby referred to and made a WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; Developers Surety and NOW, THEREFORE, we the Principal and Indemnity Company as surety, are held and fn'mly bound unto the City of Temecula, California, in the penal sum of $41~210.00 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. RAsmithb'tBonds\parkland landscape Warranty Bond 1.doc As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R:~smithb~Bonds\parkland landscape Warranty Bond 1.doc /3/WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 9 ,20 03 . (Seal) (Seal) DEVELOPERS SURETY AND I~m~,MNI_~i COMPANY SURETY Rhonda C. Abel Attorney-in-Fact (Title) APPROVED AS TO FORM: ASHBY USA, LLC PRINCIPAL By: Ashby Development Company, Inc. a California corporation Managing Member (Name) (Title) (Nme) dustin K. Ashby (Title) President Peter Thorson, City Attorney R:~smithbX,Bonds\parkland landscape Warranty Bond 1.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of Ri versi de On May 12, 2003 beforeme, Jennifer' Mvle~_ Nnt'nrv PHhl'ir personally appeared 0US~Cill K. Ashby Name(s) ol Signer(s) X:Xpersonally known to me [] proved to me on the basis of satisfactory evidence JE,, FF, MYLES C0mm. ~ 1217859 NOTARY PUBLIC CALIFORNIA San Bemardino County to be the person~) whose name/~ is/aXe( subscribed to the within instrument and acknowledged to me that he/~;-xe~t~e~y executed the same in his/h~]~r 'authorized capacity~(~, and th;if' '1:;~, his/h~k~ir signature(~ on the instrument the person~), or the entity upon behalf of which the person~X acted, executed the instrument. WIT~NESS my hand and official seal/ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could preVent fraudulent removal and rea~tachment of this fomt to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer --Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [3 Trustee ~ Guardian or Conservator [] Other. Signer is Representing: Top of thumb here ~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On ,._.~-"-~ ~ ~ 0_?.~ before me, Alexis H. BzTan, Notary Public NAME, TITLE OF OFFICER- E,G., "JANE DOE, NOTARY PUBLIC" personally appeared R_honda C. Abel [] personally known to me - OR - [] NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Commission # 1306738 [ WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'I-FACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) ~. LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernrnet Ave,, P.O. Box 7184 · Canoga Park, CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE~ CA 92623 · (949) 263-330U KNOW ALL MEN BY THESE PRESENTS. Ihal exeepl us expressly limited~ DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA do each severully bul nol joindy hereby make. consliltlte and uppoint: · **P. honda C. Abel, Suzanne Xiros, lames A. Schaller, Mike Padrino, Linda Emight, Patficia H. Brebner, Jane Kepner, Nanette Madella-Myers, Jeff Apodaca, jointly or severally *** of surelyship giving and granling unlo said Allonley(s)-in-Facl full power and aulhorily to do and to perform every acl necessary, requisite or proper IO be done in Allorney(s)dn-Facl, pursuant to these presenls, are hereby ratified and confirmed. This Power of AIIorney is grained and is signed by facsimile tinder and by aulhordy of the Io[Iowing resolulions adopted by Ihe respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALl FORNIA. effective as of November I. 2000: RESOLVED, lhal the Chairman of the Board, Ihe President and any Vice Presidenl of Ihe corporation be. and Ihal each of lhem hereby is. aulhorized Io execule powers of AIIorney qualifying Ihe allOrney(s) named in Ihe Powers of Atlorney Io execute, on behalf of the corporations, bonds, underlakings and conlracls of surelyship: and thai Ihe Secretary or any Assislanl Secrelary of the corporations be. and each of Ihem hereby is, aulhorized lo alteM Ihe execulion of any st~ch Power of Attorney; RESOLVED FURTHER, Ihal the signalures of such officers may he uffixed to any such Power of Altornev or Io nnv cerlificale reludng ther¢lo by facsiraile, and any such Power of Atlorney or cerliflcale bearing such fi~csimile signalures shall be valid and binding ttpon the corpornlion when so affixed and iii the future with respect any bond. underluking or contracl of suretyship Io x~ hich il is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presenls lo be signed by their respective Execulive Vice President and atlested by their respective Secretary this g'" day of November. 201~0. / By: David H. Rhodes. Execulive Vice Presidenl By: STATE OF CALl FORNIA ) )SS. COUNTY OF ORANGE ) On November 8 2000 belk~re me Diane J. Kuwata personally appeared David H. Rhodes and W;dler A. Crowelt, person;ally known to me or p~oved to me on WITNESS my hand and official se;ti. CERTIFICATE I "'~ ' OlANEJ. KAWA?A '~ ~ ~TARY PUBLIC - CALIFORNU~ ~: .I The undersigned, ;is Chief Operming Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify Ihat the foregoing Power of Attorney remains in full force und has nol been revoked, and furthermore, thai Ihe provisions of the resolulions of the r_es_peclive Boards of Direclors of said corporations Eel forth in the Power of Allot y, ;ire in force lis of the date of Ibis Certificate. This Cerlificate is executed iff Ihe City of Irvine, California, the ~ay of ,~, ~ . ~ ~ (~Z.~ . David G. Lane, Chief Operaling Officer ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OFFINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT Board of Directors /,~ Herman D. Parker, Director of Community Services June 10, 2003 Landscape Maintenance Services Contract For All City Facilities PREPARED BY: ~r~'Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: The Board of Directors: Award a thirty six (36) month contract to American Landscape Management Inc., authorize the expenditure of $494,150.00 for landscape maintenance services for city spods parks and north slopes, and approve 10% contingency for extra work items in the amount of $49,4t5.00. Contract term shall commence on July 1,2003 and continue through June 30, 2006. Award a thirty six (36) month contract to Mariposa Horticultural Enterprises Inc., authori;~ the expenditure of $290,160.00 for landscape maintenance services to provide landscape maintenance services for neighborhood parks, and approve 10% contingency in the amount of $29,016.00 for extra work items. Contract term shall commence on July 1, 2003 and continue through June 30, 2006. Award a thirty six (36) month contract to Pierre Sprinkler and Landscape, authorize the expenditure of $386,820.00 for landscape maintenance services to provide landscape maintenance services for medians, facilities and south slopes, and approve 10% contingency in the amount of $38,682.00 for extra work items. Contract term shall commence on July 1, 2003 and continue through June 30, 2006. BACKGROUND: The Temecula Community Services Depadment (TCSD) released a Request for Proposal (RFP) for Landscape Maintenance Services on March 11,2003. The TCSD received six (6) proposals, which were evaluated to determine qualifications and to assess the competitiveness of their pricing. Staff interviewed representatives from the three (3) lowest qualified bidders in order to determine each company's ability to provide the high level of services required in the City of Temecula. R:\IIARRINGKkAGENDA,RPT\CC LS MAINT SERVICES 2003d)4 revised,doc Mariposa Horticultural Enterprises, Inc., American Landscape Management, Inc. and Pierre Sprinkler and Landscape have provided information that indicates that they are capable of maintaining the high standards of park and landscape maintenance required by the City of Temecula. As a result staff is recommending that three contracts be issued to these specific companies to maintain different landscaped areas within the City as follows: COMPANY American Landscape Management, Inc. SERVICE AREA Sports Parks North Slopes ANNUAL CONTRACT COST $307,750.00 $186,396.00 Mariposa Horticultural Enterprises, Inc. Parks $290,160.00 Pierre Sprinkler & Landscape Facilities $ 48,600.00 Medians $ 74,220.00 South Slopes $264,000.00 Mariposa Horticultural Enterprises, Inc., American Landscape Maintenance and Pierre Sprinkler and Landscape were the lowest qualified proposals. FISCAL IMPACT: The total cost of the maintenance contracts for FY 2003-04 is $1,171,126, plus an additional ten percent (10%) contingency of $117,113. Sufficient funds have been included in the TCSD Budgets for FY 2003-04 in accounts: 190-180-999-5212 190-181-999-5212 190-182-999-5212 190-I84-999-5212 190-185-999-5212 190-188-999-5212 340-199-701-5212 340-199-702-5212 Attachments: 1) American Landscape Management, Inc. Contract 2) Mariposa Horticultural Enterprises, Inc. Contract 3) Pierre Sprinkler and Landscape Contract R:\HARRINGK~AGENDA.RPT~CC LS MAINT SERVICES 20034)4 revised.doc CITY OFTEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2003, by and between the Temecula Community Services District ("City"), and Pierre Sprinkler & Landscape ("Contractor"). In consideration of the mutual covenants and conditions set fodh herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2003 and shall remain and continue in effect until June 30 , 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, and as identified in the City's request for proposals dated March 11, 2003. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Three Hundred Ei.qhty Six Thousand Eiqht Hundred Twenty and 00/100 dollars ($ 386,820.00 } annually for the 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. b. The City Manager may approve additional payment not to exceed the 10% contingency. Also, the City Manager may approve change orders up to the 10% contingency amount. 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. 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. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Pierre Sprinkler Landscape.doc 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to 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. 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 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. 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 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. LIQUIDATED DAMAGES; SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (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. b. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification". Said notice will serve as formal notification that Contractor has incurred a service deficiency sufficiently material that a payment reduction or contract termination may result if Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable time period for service correction (24 hours to 7 days). Upon re-inspection of the deficiency, the correction will either be accepted or rejected by the City. 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. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Pierre Sprinkler Landscape.doc 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 may be delivered to Contractor, thus incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. 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. 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 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. 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 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. 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, lis 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 covering Automobile Liability, code 1 (any auto). R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Pierre Sprinkler Landscape.doc (Ed. 1/87) (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: General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury 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 Covera.qe. 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. All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "1 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. a. 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. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. R:\HARRINGK\AGREEMNTXMinor Maintenance 2003 - Pierre Sprinkler Landscape.doc '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 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 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 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 ail 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 alt 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. 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. 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. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. 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, 23. 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 R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Pierre Sprinkler Landscape.doc 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: Pierre Sprinkler & Landscape 16015 Sherman Way Van Nuys, CA 91406 (818) 373-0023 (phone) (818) 373-0056 (fax) 24. 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. 25. 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. 26. 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. 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. IIIIIII R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Pierre Sprinkler Landscape.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: Jeff Comerchero, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Pierre Sprinkler & Landscape By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Pierre Sprinkler Landscape.doc I Site# M01 M-02 M-03 M-04 M-05 M-06 M-07 M-08 M-09 FW-I Exhib-i t A City of Temecula Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site Name Rancho California Road Medians Ynez Road Medians Butteffield Stage Road Medians Margarita Road Medians (North) Margarita Road Medians (South) Winchester Road at Sefferson Median Pechanga Parkway Medians Meadows Parkway Medians (No~h) Paseo Del Sol Medians Interstate 15 Monthly Price $ 510.00 $ 650.00 $ 200.00 $ 250.00 $ 600.00 $ 150.00 3o0.oo $ ~ 650;'.00 $2,700.00 TOTAL ~6~185.00 Annu~ Price ~ 7~800.00 $ 2,400.00 $ 3,000.00 $ 4,800.00 $ 1,800.00 $ 6.qo0.OO $ 3.600.00 $ 5,400.00 $32,400.00 ~ 74~220.00 ! I I I I I 1 I I i I I I I I ! Site # S-$ S-12 S-13 S-16 $-20 S-21 Exhibi~ A City of Temeculn Pri~ing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site Name Rancho Highlands The Villages A and B Vintage Hills Presley (Viranda, Country Glen, Bridlevale) Tradewinds Crowne Hill Vail Ranch Monthly Price ~ 500.00 $6.150.00 ~ 4 ~ 300 · O0 $1,350.00 .,. 950.00 $~1,250.00 TOTAL ~22,000.00 Annu~ Price $ 6,000.00 $&9.800.00 $51t600.00 $16,200.00 $11,600.00 $15,000.00 $11&.OOfl_O0 ~ 264,000.00 Site # F-I F-2 F-3 F-4 F-6 F-10 F-20 City of Temecula Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site Name Community Recreation Center Mary Phillips Senior Center City Hall/Maintenance Facility Temecula Community Center Fire station #84 Old Town Temecula Temecula Children's Museum Fire Station//92 Monthly Price ,250.00 400.00 soo.on 150.00 350. O0 ~}1~000.00 150.00 300. O0 TOTAL $~. ion. on Annual Price $14,400.oo $ 4,800.00 $ 6,000.00 $ 1,800.00 $ 4,200.00 ~12~000.00 $ 1,800.00 $ 3,600.00 I I I I I I I I I I I i t I I i I I Exhibit A City of Temecula Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area COmmllllity Facility Service Area Trail Service Area Ballfield Preparation (Single fieldfMon.-Fri. includes trash removal). Ballfield Preparation (Single field/Sat.& Sun. includes trash.removal). Price per Square Foot Monthly Annually .0075 / .09 .OO95 / .1! .0065 / .08 .0100 / .12 .0250 / .30 .0200 I .24 65.00 / 780.00 70.00 / 840.00 sq.ft. sq.ft. sq.ft. sq.ft. sq.fl. sq.ft. per field per field I I I I I I I gxhibtt A CITY OF TEMECULA LANDSCAPE MAINTENANCE EXTRA WORK PRICE SHEET Turf Maintenance (All Turf Areas) 1. Mowing (Including Bagging of Clippings) 2. Edging 3. String Trimming 4. Aefifieation (Core/Y') 5. Aerifieation (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement Only) 9. Materials (Fertilizer, Soil Amends) H. General Landscape Maintenance (Planters and Slope Areas) Unit Cost $ . 050 $ .25 $ .25 $ Sx.oo $27.50 $~5.oo $ I I I I I I I I I 1. Edging (Ground Cover) 2. Trimmiqg (Shrubs, Cwound Cover) 3. Pruning/Shmbs, Vines, Roses 4. Priming/Trees (To 189 5. Weed Removul (IvLanual) 6. Pest ConU'ol (Manual) 7. Fertilization (placement Only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) .25 .25 :25 ~.oo 27.50 35. oo .~o Loo .~2 Plant Material (Installed~ AH Areas) 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeated Tuff 8. Sodded Tuff 9. Hydroseed 10. Soil Preparation (Existing Area) Il. Soil Preparation (New Area) 12. Wood Mulch 20.00 ~7.oo 8.00 ~8.oo to-oo 275.00 .~o. ,2~ 35.00 linear ft. linear fl. .sq. ft. sq. ft. per man hr. per man hr. sq. fi. % mark-up Unear ft. sq. ft. sq. fi. each Der man hr. per man hr. .sq. ft. .sq. ft. % mark-up each each .sq. fl. sq. ft. sq. fl. sq..ft. sq. ft. cu. yd, Exhibit A IV. Irri~ation System Maintenance 1. Inspection 2. Repair (Main Line, Lateral Line, Sprinklers) 3. Parts V. General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material $ 45.00 per hr. $ 45.o0 per hr. $. ~5 % mark-up $. 75.00 each $ 65.oo per hr. $ 55.00 per hr. $. 15 .% mark-up CITY OFTEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVlCES THIS MAINTENANCE CONTRACT, made and entered into as of June 2003, by and between the Temecula Community Services District ("City"), and Mariposa Horticultural Enterprises, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2003 and shall remain and continue in effect until June 30 , 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, and as identified in the City's request for proposals dated March 11, 2003. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred Ninety Thousand One Hundred Sixty and 00/100 dollars ($ 290,160.00 ) annually for the 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 ali 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. contingency. amount. b. The City Manager may approve additional payment not to exceed the 10% Also, the City Manager may approve change orders up to the 10% contingency 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. 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. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Mariposa Landscape.doc 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to 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. 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 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. 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 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. LIQUIDATED DAMAGES; SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (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 shatl be assessed at the discretion of the City. Contractor shall be notified of any penalties in accordance with the terms of this Contract. b. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification". Said notice will serve as formal notification that Contractor has incurred a service deficiency sufficiently material that a payment reduction or contract termination may result if Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable time period for service correction (24 hours to 7 days). Upon re-inspection of the deficiency, the correction will either be accepted or rejected by the City. 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. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Mariposa Lamlscape.doc 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 may be delivered to Contractor, thus incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. 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. 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 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 fudher 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 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. 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: (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). R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Mariposa Landscape.doc (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: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $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. 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 Coveraqe. 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. All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "1 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 previsions 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. a. 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. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Mariposa Landscape,doc 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 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 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 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 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. 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. 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. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. 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. 23. 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, R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Mariposa Landscape.doc 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: Mariposa Horticultural Enterprises, Inc. 11093 Almond Avenue Fontana, CA 92335 (909) 429-2546 ext. 2 (phone) (909) 429-2749 (fax) 24. 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. 25. 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. 26. 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. 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. IIIIIII R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Mariposa Landscape.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: Jeff Comemhero, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Mariposa Horticultural Enterprises, Inc. By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) R:\HARRiNGK\AGREEMNT\Minor Maintenance 2003 * Maripesa Landscape.doc Site # P-1 P-3 P-4 P-5 P-6 P-7 P-9 P-lO · P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-19 P-20 P-21 P-22 P-23 SS-1 FC-1 T-1 City of Temecula Request for Proposal Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Ba~a Vista Park [.oma Linda Park Riverton Park $ohn 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 Stephen Michael Linen Jr. Memorial Park Pablo Apis Park Crowne Hill Park Meadows Park Crowne.Hill Park A Serena Hills Park Via Eduardo Streetscape Nada lane Santa Gertrudis Trail TOTAL MonthlyPfice 1,410.00 716.00 183.00 183.00 612.00 1,328.00 274.00 266.00 710.00 641.00 2,004.36 262.00 118.00 1,249.00 914.00 5,061.00 400.00 400.00 885.00 1,230.00 1,480.36 763.75 105.89 122.00 2~862.00 24,180.00 Annual Price 16,920.00 8,592.00 2,196.00 2,196.00 7,34.4.00 15,936.00 3,288.00 3,192.00 8,520.00 7,692.00 25,440.00 3,144.00 1.416.00 14,988.00 10,968.00 60,732.00 4,800.00 4,800.00 10,620.00 14,760.00 17,764.32 9,165.00 1,270.68 1,464.00 34,344.00 $29o,16o.o ,V. xh:l_b :I_ t A City of Temecula Request for Proposal Pricing'Sheet for l_~ndscape Maintenance Servic~ New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighbofltood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. includ~ trash removal). Ballfield. Preparafion (Single field/Sat.& Sun. includes trash removal). Price per Square Foot Monthly Annually .0~5. / .18 sq.ft. .0100 / .12 sq.~. .0070 / .084 sq.~. .o2oo / .24 sq.~. .0200 / .24 sq.~. .018 / .216 sq.~. 180.00 / 720.00 periled ~80.00 / 720.00 periled CITY OF TEMECULA LANDSCAPE MAINTENANCE EXTRA WORK PRICE SH~.ET I. Turf Maintenance (All Turf Areas) 1. Mowing (Including Bagging of Clippings) 2. Edging 3. String Trimming 4. Aerification (Cord3") 5. Aerification (Deep Tind6') 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement Only) 9. Materials (Fertilizer. Soil Amends) Unit Cost $ .0200 sq. ft. $ .018 linear ft. $. .025 linear ft. $. .016 sq. ft. $. .o25 sq. ft $ 16.00 per man hr. $. '25.00 per man hr. $. .006 sq. ft. $ 15 % mark-up H. General Landscape Maintenance (Planters and Slope Areas) 1. Edging (Ground Cover) 2. Trimming (Shrubs, Oround Cover) 3. Pruning/Shrubs, Vines, Roses 4. Priming/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement Only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) $ .018 linear ft. $. .oz~ sq. fl. $ .094 sq. ft. $ 35. O0 each $ 16.oo per man hr. $ 25.00 per man hr. $ .0o15 sq. ft. $ .o94 sq. ft. $. 15 % mark-up 1H. Plant Material (Installed~ All Areas) I. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Tuff 9. Hydroseed 10. Soil Preparation (Existing Area) 11. Soil Preparation (New Area) 12. Wood Mulch $. 2.00 each · $. 25.oo fiat $. 8.00 each $ 18,00 each $ 105.00 each $ 275.00 each $ .sO sq. ft. $. 1.32 .sq. ft. $ .10 sq. ft. $ .o8 sq..ft. $ .08 sq. ft. $ 30.00 cu. yd. · , F.~htbtt A IV. Irrigation System Maintenance 1. Inspection 2. Repair (Main Line, Lateral Line, Sprinklers) 3. Parts V. General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material $ 30.00 $ 35.00 $. 15 $. 75.00 $ 50. O0 $ 42.50 $. 15 per hr. per hr. % mark-up each per hr. per hr. % mark-up CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of June 10, 2003, by and between the Temecula Community Services District ("City"), and American Landscape ManaRement, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2003 and shall remain and continue in effect until June 30 , 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, and as identified in the City's request for proposals dated March 11, 2003. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Four Hundred Ninety Four Thousand One Hundred Fifty and 00/100 dollars ($ 494,150.00 ) annually for the 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 fodh on the invoice. b. The City Manager may approve additional payment not to exceed the 10% contingency. Also, the City Manager may approve change orders up to the 10% contingency amount. 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. 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. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - American Landscape.doc 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to 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. 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 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. 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 subcontractor under him, in violation of the previsions 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. LIQUIDATED DAMAGES; SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (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. b. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification". Said notice will serve as formal notification that Contractor has incurred a service deficiency sufficiently material that a payment reduction or contract termination may result if Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable time period for service correction (24 hours to 7 days). Upon re-inspection of the deficiency, the correction will either be accepted or rejected by the City. 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. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - American Landscape.doc 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 may be delivered to Contractor, thus incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. 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. 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 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. 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 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. 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: (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). R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - American Landscape.doc (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: G~neral Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $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. 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 by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "1 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. a. 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. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - American Landscape.doc 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 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 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 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 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. 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. 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. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 2'1. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. 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, co~or, sex, age, or handicap. 23. 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, R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - American Landscape.doc Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, cedified 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: American Landscape Management, Inc. 480 Corporate Drive Escondido, CA 92029 (760) 738-6298 (phone) (760) 738-6239 (fax) 24. 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. 25. 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. 26. 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. 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. IIIIIII R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - American LaMscape.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: Jeff Comerchero, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR American Landscape Management, Inc. By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) R:\HARRINGK\AGREEMNT\Minor Maintenance 2003 - American Landscape.doc Exhibit A City of Temecula Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # SP-1 SP-2 SP-3 SP-4 SP-5 SP~6 SC-1 SC-3 SC-6 SC-7 SC-8 Site Name Monthly Price Rancho Califomia Sports Park $9,294.00 Paloma Del Sol Park $3,592.00 Pala Community Park $2,333.00 Kent Hintergardt Park $3,359.00 Margarita Community Park (TES) $3,147.00 Temeku Hills Park $3,600.00 Temecula Middle School $ 116.66 James L. Day Middle School $ 42.66 Vail Ranch Middle School $ 65.00 Paloma Elementary School $ 65.00 Pauba Valley Elementary School $ 32.50 Annual Price $111,528.00 $ 43,104.00 $ 27,996.00 $ 40,308.00 $ 37,764.00 $ 43,200.00 $ 1,400.00 $ 500.00 $ 780.00 $ 780.00 $ 390.00 TOTAL $25,645.82 $307,749.84 Exhibit A City of Temecula Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # S-I S-2 S-4 S-5 S-6 S-7 S-9 S-10 S-11 S-14 S-15 S-17 S-18 S-19 S-22 Site Name Saddlewood/Pavillion Point Winchester Creek I and II The Vineyards Signet Series Woodcrest Country Ridgeview Rancho Solana Martinique Meadowview Estates Mirada Barclay Estates Monte Vista Temeku Hills Campos Verdes Sutton Place/Lennar Monthly Price $2,372.00 $1,202.00 $ 255.00 $2,534.00 $ 559.00 $ 773.00 $ 130.00 $ 355.00 $ 150.00 $ 394.00 $ 344.00 $ 565.00 $3,640.00 $2,065.00 $ 195.00 Annual Price $28,464.00 $14,424.0O $ 3,O60.00 $30,408.00 $ 6,708.00 $ 9,276.00 $ 1,560.00 $ 4,260.00 $ 1,800.00 $ 4,728.00 $ 4,128.00 $ 6,780.O0 $43,680.00 $24,780.00 $ 2,340.00 TOTAL $15,553.00 $186,396.00 Exhibit A City of Temecula Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. includes trash removal). Ballfield Preparation (Single field/Sat.& Sun. includes trash removal). Price per Square Foot Monthly Annually .0085 / .102 .0100 / .12 .0070 .084 NA NA .0200 .24 .0085 .102 20.00 240.00 25.00 300.00 sq.fl. sq.fl. sq.ft. sq.fr. sq.ft. sq.ft. per field per field Exhibit A CITY OF TEMECULA LANDSCAPE MAINTENANCE EXTRA WORK PRICE SHEET I. Turf Maintenance (AlITurfAreas) 1. Mowing (Including Bagging of Clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerifieation (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement Only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .02 .sq. fi. $ .001 linear fi. $ .001 linear fl. $. .03 .sq. fi. $ .06 sq. fi. $. 18.50 per man hr. $. 25.00 ~per man hr. $. .04 .sq. fi. $. 12 % mark-up II. General Landscape Maintenance (Planters and Slope Areas) 1. Edging (Ground Cover) 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement Only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) $ .003 linear fi. $ .O3 .sq. fi. $ .01 .sq. fi. $ 15.00 each $ 18.50 .per man hr. $ 25.00 .per man hr. $ .04 .sq. ft. $. .02 .sq. ft. $, 12 % mark-up III. Plant Material (Installed, All Areas) 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing Area) 11. Soil Preparation (New Area) 12. Wood Mulch $ 1.37 each $ 18.00 fiat $ 7.50 each $ 15.00 each $ 95.00 each $ 200.00 each $ .10 sq. fi. $ 1.00 '.sq. ft. $ .07 .sq. fi. $ 1.25 .sq. fi. $ 1.00 .sq. ft. $ 25.00 cu. yd. 89 Exhibit A IV. Irrigation System Maintenance 1. Inspection 2. Repair (Main Line, Lateral Line, Sprinklers) 3. Parts V. GeneraIPest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material $ $ $ 25.00 per hr. 30.00 per hr. 12 % mark-up 50.00 each 35.00 per hr. 22.50 per hr. 12 % mark-up 90 ITEM 6 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT Board of Directors Shawn D. Nelson, General Manager June 10, 2003 Review and Adoption of the FY 2003-04 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance .~ ,//t/ Karen Jester, Assistant Finance Dir¢ct¢ RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION: The proposed FY 2003-04 TCSD operating budget includes the operation and maintenance of district-wide parks and recreation facilities, debt service on the certificates of participation issued for the construction of the Community Recreation Center, arterial street lighting and traffic signals, and median landscaping. Rates and charges are also established for residential street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance. On May 15, 2003, the Board of Directors/City Council held a workshop to review and discuss the proposed operating budgets. At that time, the Board of Directors/City Council provided staff with direction to look into an upgrade to the existing sound and lighting system in the CRC amphitheater. After review, staff has recommended that we can improve the sound system and add some additional lights for approximately $10,000. As a result, we will not be recommending that any adjustments be made to the operating budget. Community Services will make those improvements within their existing budget appropriations. Parks and recreation services, as well as arterial street lighting and traffic signals, and median landscaping are primarily funded by the special tax assessed to property owners as approved by the voters as "Measure C" in March 1997. The maximum level of special tax that was approved bythe voters is $74.44 per single-family dwelling unit. Over the past three years the special tax rate has been gradually reduced to $63.44 per dwelling unit, with the St 1.00 per dwelling unit difference being funded by the City's General Fund through the Revenue Excess Sharing for Temecula ("REST") program. The proposed FY 2002-03 budget reflects no change in the existing special tax rate. Residential street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance services provided by the TCSD are funded primarily by rates and charges assessed to property owners within the District. Nb changes are proposed in any of the service level rates and charges. TCSD Revenues Overall, an $880,728 (8.1%) increase in revenues is projected for TCSD. Due primarily to an amendment to the franchise fee agreement for refuse and recycling a $188,900 increase in revenue is reflected. The Fy 2003-04 revenue estimates include no change to the special tax rate, or to any of the TCSD assessment rates. The total "REST" program revenue (from the City's General Fund) is proposed to be $3,117,275, a $639,065 increase from the FY 2002-03 amount. The estimated amount of "Measure C" special tax revenues to be collected is $2,742,295, an increase of $52,965 from the FY 2002-03 amount. TCSD Expenditures The proposed Community Services District budget reflects a $652,054 (5.7%) increase in total expenditures from the current year budget. A summary of significant items is as follows: City-wide Operations > $77,000 increase in landscape maintenance is reflected, due to an RFP process Service Level D > $214,195 increase in refuse hauling costs is reflected, due primarily to an amendment to the franchise fee agreement for refuse and recycling for a consumer price index adjustment TCSD Fund Balance Surplus fund balance has been used over the past several fiscal years to fund ongoing operations and maintenance costs. The proposed FY 2003-04 budget continues to utilize surplus fund balance, in the following amounts: · City-wide Operations $320,480 , Service Level "B" $ 26,845 · Service Level "C" $124,580 · Service Level "D" $ 45,253 · Service Level"R" $ 4,106 It is anticipated that the actual amount of fund balance required to be used will be less than the amounts reflected above, based on a demonstrated pattern of actual expenditures being less than the budgeted amounts. FISCAL IMPACT: The services provided by the District are funded primarily by the special tax that was approved by the voters as Measure C in March, 1997, the "REST" contribution from the City's General Fund, and the rates and charges assessed to property owners which are to be approved during a public hearing held on June 10, 2003. Attachments: Resolution No. CSD 03- FY 2003-04 Annual Operating Budget 2 RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors of the Temecula Community Services District has reviewed the proposed final FY 2003-04 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District as follows: Section 1. That the FY 2003-04 TCSD operating budget is hereby adopted. Section 2. appropriations: A. B. C. That the following controls are hereby placed on the use and transfers of budget No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. The Board of Directors must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Board of Directors must authorize any increase in regular personnel positions above the level indicated in the final budget. The General Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The General Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. F. The General Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in amounts up to project contingency established by the Board. Section 3. Outstanding encumbrances shown on the District books at June 30, 2003 are hereby appropriated for such contracts or obligations for FY 2003-04. Section 4. The Board Secretary shall cedify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 10th day of June 2003. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC District Secretary/City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Temecula Community Services District, do hereby certify that the foregoing Resolution No. CSD 03- was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 10th day of June 2003, by the following vote of the Board of Directors: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC District Secretary/City Clerk PROPOSED OPERATING BUDGET TEMECULA COMMUNITY SERVICES DISTRICT FISCAL YEAR 2003-04 TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 2003-04 PROPOSED OPERATING BUDGET 2002-03 2002-03 2003-04 Proposed % 2001-02 YTD Current Proposed Increase Increase Actual @ 3/31/03 Budqet Budqet (Decrease) (Decrease) Total Revenues by Fund: Citywide Operations* 5,380,909 3,790,367 5,985,640 6,740,935 755,295 12.6% Service Level B 423,706 289,320 494,220 475,022 (19,198) -3.9% Service Level C 976,441 525,947 1,048,000 1,033,335 (14,665) -1.4% Service Level D 3,005,133 1,667,960 3,249,220 3,423,462 174,242 5,4% Service Level R 12,045 7,738 13,000 13,054 54 0.4% Debt Service 6~511 ~044 9~517 35~000 20~000 (15,000) -42~9% Total Revenues 16~309,278 6,290~849 10,825,080 11 ~705,808 Total Expenditures by Fund: Citywide Operations* 4,916,067 3,982,350 5,977,014 6,507,215 Service Level B 462,542 356,753 538,880 557,940 Service Level C 982,140 726,540 1,184,942 1,137,915 Service Level D 3,091,349 1,640,784 3,254,520 3,468,715 Service Level R 4,848 9,511 17,160 17,160 Debt Service 4~729~449 425~700 562~500 498~125 Total Expenditures 14,186,395 7~ 141,638 11,535,016 12,187,070 Excess o1 Revenues Over (Under) Expenditures 880,728 530,201 19,060 (47,027) 214,195 (64,375) 652~054 2,122,883 (850,789) (709,936) (481,262) 228,674 Operating Transfers Out*: CIP Fund 2,695,564 29,850 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year Fund Balances, End of Year (572,681) (880,639) (709,936) (481,262) 2,325,495 1,752,814 1~242,878 1,752,814 1,042,878 761,616 228,674 8.1% 8,9% 3.5% -4.0% 6,6% -11.4% 5.7% * Operating transfers between various TCSD Funds are not reflected. Comparative information reflects amounts previously reported in separate Service Level A Fund ** Projects $200,000 in additional revenues and expenditure savings in FY 02-03 REVENUES BY FUND - COMMUNITY SERVICES DISTRICT Actual Actual Estimated Projected FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Parks and Recreation $ 4,871,905 $ 5,380,909 $ 5,985,640 $ 6,740,935 Service Level B 371,580 423,706 494,220 475,022 Service Level C 592,291 976,441 1,048,000 1,033,335 Service Level D 2,587,963 3,005,133 3,249,220 3,423,462 Service Level R 12,748 12,045 13,000 13,054 Debt Service* 34,895 6,511,044 35,000 20,000 Total $ 8,471,382 $16,309,278 $10,825,080 $11,705,808 *Does not include operating transfers from Parks and Recreation to Debt Service Fund. FOUR-YEAR COMPARISON Actual Actual Estimated Projected FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 1Parks and Recreation · Set, ce Level B · Senfice Level D · Ser~ce Level R Service Level C 1Debt Service* EXPENDITURE SUMMARY BY CATEGORY - COMMUNITY SERVICES DISTRICT FUNDS Operations Capital Fund Personnel & Maintenance Outlay Total Parks and Recreation* $ 2,734,230 $ 3,769,485 $ 3,500 $ 6,507,215 Service Level B 4,690 553,250 $ 557,940 Service Level C 230,165 907,750 $ 1,137,915 Service Level D 36,100 3,426,345 6,270 $ 3,468,715 Service Level R 17,160 $ 17,160 Debt Service 498,125 $ 498,125 Total $ 3,005,185 $ 9,172,115 $ 9,770 $ 12,187,070 *Parks and Recreation does not include $498,125 operating transfer to the Debt Service Fund and a $56,075 operating transfer to Service Level B. COMMUNITY SERVICES RECREATION SERVICES -- Youth & Adult Sports -- Special Events -- Volunteer & Cultural Services -- Teen & Recreational Services -- Senior & Human Services -- Aquatic Program Services -- Contmated Classes Services DIRECTOR OF COMMUNITY SERVICES Herman D. Parker DEPUTY DIRECTOR OF COMMUNITY SERVICES Phyllis Ruse DEVELOPMENT SERVICES -- Park Acquisition -- Park Development -- Assessment Administration -- Development Plan Review -- Solid Waste Administration -- Cable Television Administration -- Capital Improvement Projects -- Master Plan Process Review MAINTENANCE I SERVICES -- Park Maintenance -- Median Maintenance -- Slope Maintenance -- Facility Maintenance -- Landscape Maintenance -- Plan Check Review Program: Community Services PARKS & RECREATION* Expenditure Summar~ Personnel Operations & Maintenance Capital Outlay SERVICE LEVEL B Expenditure Summary Personnel Operations & Maintenance Capital Outlay SERVICE LEVEL C Expenditure Summar~ Personnel Operations & Maintenance Capital Outlay COMMUNITY SERVICES Funding Source: Special Tax Benefit Assessments General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 1,651,866 $ 1,871,073 $ 2,417,390 $ 2,734,230 2,636,858 3,028,228 3,550,844 3,769,485 54,696 16,766 8,780 3,500 $ 4,343,420 $ 4,916,067 $ 5,977,014 $ 6,507,215 Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 2,650 $ 2,929 $ 4,080 $ 4,690 360,664 459,613 534,800 553,250 $ 363,314 $ 462,542 $ 538,880 $ 557,940 Actual Actual Budgeted Proposed FY2000-01 FY2001-02 FY 2002-03 FY2003-04 $ 99,805 $ 141,210 $ 211,590 $ 230,165 536,718 840,930 973,352 907,750 $ 636,523 $ 982,140 $ 1,184,942 $ 1,137,915 *Does not include operating transfers out. COMMUNITY SERVICES Program: Community Services SERVICE LEVEL D Expenditure Summary' Personnel Operations & Maintenance Capital Outlay SERVICE LEVEL R Expenditure Summary Personnel Operations & Maintenance Capital Outlay DEBTSERVICE Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: Special Tax Benefit Assessments General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 22,609 $ 24,927 $ 32,100 $ 36,100 2,565,567 3,061,434 3,218,790 3,426,345 5,487 4,988 3,630 6,270 $ 2,593,663 $ 3,091,349 $ 3,254,520 $ 3,468,715 Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 12,126 $ 4,848 $ 17,160 $ 17,160 $ 12,126 . $ 4,848 $ 17,160 . $ 17,160 Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 497,130 $ 4,729,449 $ 562,500 $ 498,125 $ 497,130 $ 4,729,449 $ 562,500 $ 498,125 Personnel Allocation COMMUNITY SERVICES Authorized 2002-03 PARKS AND RECREATION Director of Community Services Deputy Director of Community Services Maintenance Superintendent Development Services Administrator Recreation Superintendent Recreation Services Manager Maintenance Supervisor Parks/Landscape Maintenance Supervisor Management Analyst Senior Landscape Inspector Museum Services Manager Aquatics Supervisor Recreation Supervisor Administrative Secretary Lead Maintenance Worker Senior Recreation Coordinator Recreation Coordinator Landscape Inspector Maintenance Worker Office Specialist Custodian Total SERVICE LEVEL B Management Analyst SERVICE LEVEL C Maintenance Superintendent Maintenance Supervisor Parks/Landscape Maintenance Supervisor Management Analyst Senior Landscape Inspector Landscape Inspector Office Specialist Total SERVICE LEVEL D Development Services Administrator Management Analyst Office Specialist Total Department Total Changes Authorized 2003-04 1.00 0.00 1.00 1.00 0.00 1.00 0.70 0.00 0.70 0.85 0.00 0.85 1.00 0.00 1.00 1.00 0.00 1.00 0.70 0.00 0.70 0.70 0.00 0.70 0.50 0.00 0.50 0.50 0.00 0.50 2.00 0.00 2.00 1.00 0.00 1.00 3.00 0.00 3.00 1.00 0.00 1.00 1.50 0.00 1.50 1.00 0.00 1.00 1.00 0.00 1.00 1.25 0.00 1.25 2.50 0.00 2.50 2.30 0.00 2.30 1.00 0.00 1.00 25.50 0.00 25.50 0.05 0.00 0.05 0.05 0.00 0.05 0.15 0.00 0.15 0.15 0.00 0.15 0.30 0.00 0.30 0.50 0.00 0.50 0.50 0.00 0.50 0.30 0.00 0.30 1.95 0.00 1.95 0.15 0.00 0.15 0.15 0.00 0.15 0.10 0.00 0.10 0.40 0.00 0.40 27.90 0.00 27.90 COMMUNITY SERVICES MISSION: PROGRAM: RECREATION AND COMMUNITY SERVICES The Recreation and Community Services Program is responsible for providing a comprehensive, Citywide recreation program that meets the recreation and human service needs within the community. 2002 - 2003 ACCOMPLISHMENTS: Involved the Teen Council in City-wide events including the Summer Concert Series and the Halloween Spooktacular Redecorated the Teen Room at the CRC Increased the number of aquatic opportunities offered by the City with the opening of the Chaparral High School Aquatic Facility Successfully operated a Summer Science Camp at the Temecula Valley History Museum GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: DEVELOP A SUMMER "MOVIES IN THE PARK" PROGRAM AT THE THOMAS H. LANGLEY AMPHITHEATER. Plan, program, effectively market, and implement a minimum of four (4) community movie events during July and August 2003 Work with a qualified sound and lighting technician to ensure event success Ensure that only family-oriented movies are offered Evaluate the overall success of the program and consider future expansion EXPAND THE CURRENT "CONCERTS UNDER THE STARS" SUMMER CONCERT SERIES. Increase the number of Thursday night concerts in the "Concerts Under the Stars" program from five (5) to eight (8) Work with a qualified sound technician to ensure sound quality Ensure that all performances are family oriented Provide additional entertainment (i.e. clowns, face painting, balloon art) to enhance overall event GOAL 3: OBJECTIVES: INCREASE OVERALL EFFICIENCY AND PRODUCTIVITY THROUGH THE USE OF TECHNOLOGICLY ADVANCED PROGRAMS AND SOFTWARE With the assistance of the Finance Department, evaluate the overall efficiency of RecWare software and its ability to serve the City's overall needs (i.e. revenue tracking, security, additional off-site operations, consistency throughout the department, etc. ~' Evaluate other types of software programs that may be used at the future Children's Museum, the Performing Arts Center, and the Wolf Creek Sports Complex. Software may include retail software, scheduling and attendance software, and league scheduling software ~ Evaluate the overall feasibility of incorporating online registration for classes and activities offered through the City COMMUNITY SERVICES GOAL 4: OBJECTIVES: PLAN, PROGRAM, AND IMPLEMENT PROGRAMS AND ACTIVITIES AT THE IMAGINATION WORKSHOP - THE TEMECULA CHILDREN'S MUSEUM Implement an exciting "grand opening" performance Provide unique and innovative programs and activities for youth of all ages Promote the overall "theme" of the Children's Museum in a variety of programs and activities (i.e. birthday parties, science camp, disguises and costumes, etc.) GOAL 5: OBJECTIVES: PLAN, PROGRAM, AND IMPLEMENT PERFORMANCES AT THE PERFORMING ARTS CENTER. Implement an exciting "grand opening" performance Develop a master calendar that will include all rehearsals, performances, and maintenance of the Center Assist community user groups in providing theatrical performances offered at the Performing Arts Center PERFORMANCE MEASURES: Plan, program, and implement four summer movie events Projected Actual Projected Projected FY 2002-03 FY 2002-03 FY 2003-04 FY 2004-05 0 0 0 4 Expand the Thursday night Summer concert 4 4 5 8 series COMMUNITY SERVICES MISSION: PROGRAM: DEVELOPMENT SERVICES The Development Services Program is responsible for park-site acquisition and development, assessment engineering, development review, and solid waste and cable television franchise administration. 2002 - 2003 ACCOMPLISHMENTS: · Completed the design for the Wolf Creek Sports Complex · Completed the design for the 19.5 acre community park site in the Harveston Development · Completed the 2003 Recycling Calendar Completed the development review process and conditions of approval for the Roripaugh Ranch Specific Plan Completed a solid waste diversion letter and program for compliance by all developers Completed the shell improvements for the Children's Museum building Completed the plan review process for Harveston's Lake and Lake Park Completed the Harveston Lake and Lake Park Acquisition Agreement · Completed internal audit of arterial and residential street lights Completed Community Services component of the User Fee and DIF study Completed property owner election for landscape improvements on Pechanga Parkway and Via Eduardo · Planned, programmed, and implemented a successful Make A Difference Day event GOAL 1: OBJECTIVES: PROVIDE A COMPREHENSIVE AND BALANCED NEIGHBORHOOD AND COMMUNITY PARK AND RECREATIONAL FACILITIES SYSTEM THROUGHOUT THE CITY OF TEMECULA. Begin construction of the Wolf Creek Sports Park Complete ADA improvements at the Rancho California Sports Park Coordinate with Public Works to design and begin construction of the trails improvements along Murrieta Creek utilizing the TEA Grant Seek grant funding opportunities (i.e.: Soccer Grant, Trails Grant, SB 332 and CDBG) Design the Old Town Gymnasium Participate, as needed, in the City Beautification project(s) Design and Construct additional parkland to expand Rotary Park in Old Town COMMUNITY SERVICES GOAL 2: OBJECTIVES: ADMINISTER AN EFFICIENT AND BENEFICIAL ASSESSMENT PROCESS AND FRANCHISE SERVICES Prepare an RFP for Assessment Engineering Services for services starting in January 2004 Complete an audit of all TCSD assessment services Complete an audit of residential and arterial streetlights Easement Clean Up - Vail Ranch and Woodside Chantemar Development Assist with a new agreement for the renewal of the Cable Franchise If warranted, update the base year's waste generation numbers used to calculate the City's diversion rate GOAL 3: OBJECTIVES: GOAL 4: OBJECTIVES: PROVIDE THOROUGH REVIEW OF PROPOSED DEVELOPMENT WITHIN THE CITY Participate in the City's development review process for Specific Plans, Development Plans, Environmental Impact Reports, and Tentative Maps P Provide appropriate conditions of approval for future development ~ Review future park designs conditioned as part of the large developments UTILIZE THE CITY'S SOFTWARE TO ITS FULLEST SCOPE ~' Participate in the Permits Plus Committee and assist in the citywide effort to utilize this software to its fullest capacity Acquire additional information about the Permits Plus software and how TCSD can benefit from its applications PERFORMANCE MEASURES: Number of Capital Projects completed Number of Public Parks completed as conditioned by development Number of recreational marketing techniques developed Number of large developments reviewed and conditioned Projected Actual Projected Projected FY 2002-03 FY 2002-03 FY 2003-04 FY 2004-05 4 4 1 2 2 2 2 2 1 I 2 1 2 2 1 I COMMUNITY SERVICES PROGRAM: MAINTENANCE SERVICES MISSION: The Maintenance Services Program is responsible for providing effective landscape and facility maintenance services to parks, slopes, medians, recreation facilities, and City Administrative offices. 2002 - 2003 ACCOMPLISHMENTS: Completed numerous park, facility and slope area rehabilitation and repair projects (i.e. installed new wind screen at Pala Community Park tennis courts, painted the Teen Room at the Community Recreation Center, installed several electric landscape irrigation meters in the Vail Ranch development, replaced missing and faded signs throughout the Santa Gertrudis Trail) Conducted an internal energy use audit of City facilities · Implemented energy use reduction measures at several City facilities (i.e. installed motion sensors for lighting at City Hall, Temecula Community Center, Community Recreation Center, installed energy efficient T-g lighting at the Temecula Wedding Chapel and the Mary Phillips Senior Center) · Retrofitted two play structures at Stephen M. Linen, Jr. Memorial Park to meet current CPSC and ADA guidelines · Coordinated the installation of the Baseball Field Netting System at the North/South Ball fields at Rancho California Sports Park · Coordinated the installation of the Voorburg Artwork at the Temecula Duck Pond GOAL 1: OBJECTIVES: PROVIDE A SAFE AND ATTRACTIVE FACILITY, PARK, MEDIAN, AND TRAIL SYSTEM Ensure sites are safe, clean, and green at all times Ensure performance compliance of City maintenance and repair contractors Develop priorities for site repairs, renovations, and rehabilitation Work closely with the Police Department to monitor problem areas, increase public safety and minimize vandalism GOAL 2: OBJECTIVES: EVALUATE THE CURRENT INTEGRATED PEST MANAGEMENT PROGRAM (IPM) FOR CITY PARKS, SLOPE AREAS AND FACILITIES, AND IMPLEMENT CHANGES TO MEET THE OVERALL GOAL OF THE CITY Work with a qualified B°M consultant to develop and assist with the implementation of the improved program Appropriate adequate funding to implement the improved BOM program Educate and train City staff and landscape maintenance contractors regarding methods and the importance of an effective BOM program COMMUNITY SERVICES GOAL 3: OBJECTIVES: REVIEW AND UPDATE THE CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT'S STANDARD LANDSCAPE AND IRRIGATION SPECIFICATIONS AND INSTALLATION DETAILS Update the Landscape and Irrigation Specifications and Installation Details Develop and include a section for Standard Design Guidelines for Landscape Maintenance Districts, Medians and Park Amenities ~' Coordinate project with appropriate City departments and consultants ~' Appropriate funding to complete Specifications and Details and Design Guidelines GOAL 4: OBJECTIVES: GOAL 5: OBJECTIVES: REHABILITATE SUBSTANDARD AND AGING CITY SLOPE AREAS Identify areas in need of rehabilitation Outline the required rehabilitation needs of each area identified Prioritize the rehabilitation of each area identified Ensure adequate funding is available to complete rehabilitation projects Complete rehabilitation of designated areas ENTER AN AGREEMENT WITH TWO OR MORE LANDSCAPE MAINTENANCE CONTRACTORS TO PROVIDE COMPETITIVE AND EFFECTIVE LANDSCAPE MAINTENANCE SERVICES FOR ALL CITY FACILITIES Complete Request for Proposal package and advertise as appropriate and submit to preferred contractors Review and evaluate submitted proposals Select the most qualified and cost effective contractor for each maintenance service area Enter agreements with a minimum of two contractors to provide landscape maintenance services for City facilities COMMUNITY SERVICES PERFORMANCE MEASURES: Number of Facilities, Parks, Medians, and Trails renovated/rehabilitated Number of meetings with Police and Public Works Dept. to increase Public Safety and reduce vandalism Number of slope areas rehabilitated Number of agreements entered for landscape maintenance services Projected Actual Projected Projected FY 2002-03 FY 2002-03 FY 2003-04 FY 2004-05 4 4 5 5 12 6 6 6 5 5 5 5 N/A N/A N/A 2 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 27, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:29 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes - Approve Staff Recommendation (5-0-0) MN/JS RECOMMENDATION: 1.1 Approve the minutes of May 13, 2003. 2 Financial Statements for the nine months ended March 31, 2003 - Approve Staff Recommendation (5-0-0) MNIJS RECOMMENDATION: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 2003; 2.2 Approve an appropriation of $32,800 for Admin Fees in the Low/Moderate Income Housing Fund; 2.3 Approve an appropriation of $131,200 for Admin Fees in the Debt Service Fund; 2.4 Approve a decrease of $164,000 for Admin Fees in the Redevelopment CIP Fund; 2.5 Approve a decrease of $160,000 for Investment Interest in the Debt Service Fund; 2.6 Approve an increase of $225,000 for Investment Interest in the Redevelopment CIP Fund. R:'Cvlinutes.rda\052703 I MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. I and 2. The motion was seconded by Agency Member Stone and voice vote reflected unanimous approval. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 3 Joint Public Hearinq of Redevelopment Aqency and City Council concernin.q Agency Payment for installation and construction of the Temecula Children's Museum, the Old Town Community Theater, and wideninq of Rancho California Road Bridqe RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PAYMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR ALL OR A PART OF THE COST OF INSTALLING AND CONSTRUCTING THE TEMECULA CHILDREN'S MUSEUM AND THE OLD TOWN COMMUNITY THEATER, AND THE RANCHO CALIFORNIA ROAD BRIDGE WIDENING PROJECT OVER MURRIETA CREEK 3.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 03-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING PAYMENT BY THE AGENCY FOR ALL OR A PART OF THE COST OF INSTALLING AND CONSTRUCTING THE TEMECULA CHILDREN'S MUSEUM AND THE OLD TOWN COMMUNITY THEATER, AND THE RANCHO CALIFORNIA ROAD BRIDGE WIDENING PROJECT OVER MURRIETA CREEK or Agency Member Pratt, who had expressed concern with including the Rancho California Road Bridge Widening Project in the proposed recommendation, Executive Director Nelson advised that because the bridge widening is a public infrastructure project within the Redevelopment Project area and because redevelopment funds will be allocated toward funding this project, it would be appropriate to include the bridge project in the proposed recommendation. Mr. Pratt relayed his support for the Temecula Children's Museum and the Old Town Community Theater projects. Assistant City Attorney Curley recommended separating the proposed resolutions and, thereby, excluding the Rancho California Road Bridge Widening Project. Agency Member Comerchero reminded the public that by the Agency purchasing the Mercantile building, the building was preserved from destruction, R:\Minutes.rda\052703 2 MOTION: Mayor Stone moved to adopt a resolution approving payment by the Redevelopment Agency of the City of Temecula for all or part of the cost of installing and constructing the Temecula Children's Museum and the Old Town Community Theater. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. MOTION: Mayor Pro Tem Naggar moved to adopt a resolution approving payment by the Redevelopment Agency of the City of Temecula for all or part of the cost of installing and constructing the Rancho California Road Bridge Widening Project over Murrieta Creek. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Agency Member Pratt who vote no. MOTION: Agency Member Stone moved to adopt a resolution approving payment by the Redevelopment Agency of the City of Temecula for all or part of the cost of installing and constructing the Temecula Children's Museum and the Old Town Community Theater. The motion was seconded by Agency Member Naggar and voice vote reflected unanimous approval. MOTION: Agency Member Naggar moved to adopt a resolution approving payment by the Redevelopment Agency of the City of Temecula for all or part of the cost of installing and constructing the Rancho California Road Bridge Widening Project over Murrieta Creek. The motion was seconded by Agency Member Stone and voice vote reflected approval with the exception of Agency Member Pratt who vote no. At this time, the City Council meeting was recessed. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 7:36 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 10, 2003, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\052703 3 ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn D. Nelson, Executive Director June 10, 2003 Review and Adoption of the FY 2003-04 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance .'~,,,A,/' Karen Jester, Assistant Finance Directo_,,~ RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION:The Temecula Redevelopment Agency (RDA) consists of three funds, the Low/Moderate Income Housing Fund, the Capital Projects Fund, and the Debt Service Fund. RDA Revenues Overall, a $284,865 or 2.4% increase in total RDA revenue is projected. Gross property tax increment revenue is projected to increase by $323,865 (3.0%). This increase is a reflection of retail and industrial development in the project area. RE)A Expenditures A summary of the significant items included in the proposed budget is as follows: Low/Moderate Income Housin.q > No significant changes Redevelopment A net increase in operating expenditures is proposed $75,000 is included for the fa(;ade improvement program $255,000 increase is included for the ERAF shift Debt Service A $175,619 increase is reflected in passthrough agreements as a result of increased tax increment revenue Debt service payments have increased by $467,355 due to the refinance of the RDA Tax Allocation Bonds which resulted in the RDA not having to make a principal payment in FY 2002/2003 FISCAL IMPACT: The proposed RDA operating budget reflects a spending plan that is balanced within projected revenues, and provides resources for various capital improvement projects. Attachments: Resolution No. RDA 03- FY 2003-04 Annual Operating Budget RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed final FY 2003-04 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of the City of Temecula as follows: Section 1. That the FY 2003-04 RDA operating budget is hereby adopted. Section 2. appropriations: A. B. C. D. That the following controls are hereby placed on the use and transfers of budget No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the Executive Director. The Agency Members must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. The Agency Members must authorize any increase in regular personnel positions above the level indicated in the final budget. The Executive Director may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. The Executive Director may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Agency Member action. The Executive Director may authorize Public Works contracts in amounts up to $25,000. Any expenditure of Public Works funds in excess of $25,000 require Agency Member action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Members in amounts up to project contingency established by the Agency Members. Section 3. Outstanding encumbrances shown on the Agency books at June 30, 2003 are hereby appropriated for such contracts or obligations for FY 2003-04. Section 4. The Agency Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Redevelopment Agency of the City of Temecula this 10TM day of June 2003. ATTEST: Ron Roberts, Chairperson Susan W. Jones, CMC Agency Secretary/City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 03- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 10~h day of June 2003, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Susan W. Jones, CMC Agency Secretary/City Clerk PROPOSED OPERATING BUDGET REDEVELOPMENT AGENCY FISCAL YEAR 2003-04 TEMECULA REDEVELOPMENT AGENCY SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 2003-04 PROPOSED OPERATING BUDGET 2002-03 2002-03 2003-04 Proposed % 2001-02 YTD Currant Proposed Increase Increase Actual @ 3/31/03 Budqet Budget (Decrease) (Decrease) Total Revenues by Fund:* Low/Moderate Income Housing 2,625,203 1,511,251 2,592,098 2,640,871 48,773 1.9% Redevelopment 362,287 236,579 281,000 392,000 111,000 39.5% Debt Service 36,621,802 4,405,144 8,825,393 8~950,485 125,092 1.4% Total Revenues 39,609,292 6,152,974 11,698,491 11,983,356 284,865 2.4% Total Non-CIP Expenditures by Fund*: Low/Moderate Income Housing 446,042 369,773 897,521 904,930 7,409 0.8% Redevelopment 837,344 324,385 1,125,728 1,143,160 17,432 1.5% Debt Service 25,648,614 3,863,912 7,129,321 7,770,295 640,974 9.0% Total CIP Expenditures by Fund*: Low/Moderate Income Housing CIP 1,363,818 466,789 5,748,364 6,755,000 1,006,636 Redevelopment CIP 227,359 76,259 510,500 708,000 197,500 Total Expenditures 28~523,177 5~101,118 15~411~434 17~281,385 1~869~951 Excess of Revenues Over (Under) Expenditures 11,086,115 1,051,856 (3,712,943) (5,298,029) (1,585,086) 72,932 48,361 65,000 65,000 Other Financing Soumes: Deferred Passthrough/Interest Advances from Other Funds Operating Transfer Out: CIP Fund 700~000 1 ~368~100 11 ~160~600 9,546,820 (1,613,780) Excess of Revenues and Other Financing Sources Over (Under) Expenditures Fund Balances, Beg. of Year 10,459,047 (267~883) (14,808,543) (14,779,849) 28 694 12~712~643 23,171,690 22,763,147 ** __23,171,690 8,363,147 7,983,298 Fund Balances, End of Year 17.5% 38.7% 12.1% * Operating transfer between Debt Service and Redevelopment funds is not reflected "Proiects $14.4 million in additional revenues and expenditure savings in FY 02-03 REVENUES BY FUND - REDEVELOPMENT AGENCY Low/Moderate Income Set Aside Redevelopment* Debt Service Total Actual Actual Estimated Projected FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 2,272,639 $ 2,625,203 $ 2,592,098 $ 2,640,871 284,304 362,287 281,000 392,000 8,881,175 36,694,733 8,890,393 9,015,485 $ 11,438,118. $ 39,682,223 $ 11,763,491 $ 12,048,356 *Does not include operating transfers from Debt Service Fund. FOUR-YEAR COMPARISON $86 $76 $66 ,~ $5~ ~ $4~ $~ $2~ $1(~ Actual Actual Estimated Projected FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 EXPENDITURE SUMARY BY CATEGORY - REDEVELOPMENT AGENCY FUNDS Operations Capital Fund Personnel & Maintenance Outlay Total Low/Moderate Income Set Aside $ 246,685 $ 658,245 $ 904,930 Redevelopment 99,970 1,043,190 $ l, 143,160 Debt Service* 7,770,295 $ 7,770,295 Total $ 346,655 $ 9,471,730 $ $ 9,818,385 *Debt Service does not include a $I ,000,000 operating transfer to the Redevelopment Fund. REDEVELOPMENTAGENCY HOUSING DIRECTOR OF HOUSING/REDEVELOPMENT John Meyer REDEVELOPMENT Temecula O.N.E. First Time Homebuyer Residential Improvement Programs Land Acquisition Affordable Housing Project Development -- Capital Projects Old Town Specific -- Plan Implementation -- Old Town Advisory Committee -- Community Liaison REDEVELOPMENT AGENCY Program: Low/Moderate Income Housing Set Aside Funding Source: Tax Increment Expenditure Summar~ Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 167,098 $ 182,404 $ 230,500 $ 246,685 188,707 258,812 667,021 658,245 47 4,826 $ 355,852 $ 446,042 $ 897,521 $ 904,930 Personnel Operations & Maintenance Capital Outlay Program: Redevelopment Funding Source: Tax Increment Expenditure Summar~ Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Personnel Operations & Maintenance Capital Outlay $ 72,419 $ 76,826 $ 92,780 $ 99,970 702,242 755,692 1,032,948 1,043,190 47 4,826 $ 774,708 $ 837,344 $ 1,125,728 $ 1,143,160 Program: Debt Service* Funding Source: Tax Increment Expenditure Summar~ Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Personnel Operations & Maintenance Capital Outlay $ 7,213,950 $25,648,614 $ 7,129,321 $ 7,770,295 $ 7,213,950 $25,648,614 $ 7,129,321 $ 7,770,295 *Does not include operating transfer to the Redevelopment Fund. REDEVELOPMENT AGENCY Personnel Allocation LOW/MOD HOUSING Director of Housing/Redevelopment Senior Management Analyst Administrative Secretary REDEVELOPMENT Director of Housing/Redevelopment Senior Management Analyst Administrative Secretary Total Department Total Authorized Authorized 2002-03 Changes 2003-04 0.75 0.00 0.75 0.75 0.00 0.75 0.50 0.00 0.50 2.00 0.00 2.00 0.25 0.00 0.25 0.25 0.00 0.25 0.50 0.00 0.50 1.00 0.00 1.00 3.00 0.00 3.00 REDEVELOPMENT AGENCY PROGRAM: HOUSING MISSION: The Housing Program is responsible for developing, rehabilitating, and preserving affordable housing opportunities. 2002 - 2003 ACCOMPLISHMENTS: Entered into a Disposition and Development Agreement with Affirmed Housing to build 17 single-family affordable housing projects (Cottages in Old Town) in the Pujol neighborhood Entered into a Disposition and Development Agreement with Community for Better Housing to build a 66-unit affordable senior housing project Entered into a Disposition and Development Agreement with Habitat for Humanity Inland Valleys, Inc. for the development of six homes on Pujol and First Streets Entered into a Loan Agreement for the Rehabilitation of Rancho Meadows Condominiums Funded 51 Residential Improvement projects GOAL 1: OBJECTIVES: PROVIDE QUALITY HOUSING OPPORTUNITIES FOR LOW AND MODERATE INCOME FAMILIES AND TO EXPAND THEIR AVAILABILITY Ensure compliance with State Redevelopment Law Monitor existing affordable housing covenants Administer the First-Time Homebuyer and Employee Relocation Programs Administer the Residential Improvement Program Acquire land and develop projects to support new affordable housing opportunities Encourage private investment in the expansion of affordable housing Partner with non-profit and for-profit developers to construct affordable family and senior housing PERFORMANCE MEASURES: Number of additional affordable housing units provided Number of affordable housing units rehabilitated Number of first-time homebuyers assisted Number of employee relocation homebuyers assisted Number of specialized homebuyer programs Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-04 FY 2003-04 0 0 17 66 55 55 55 55 2 0 4 2 5 0 4 2 4 0 4 4 REDEVELOPMENT AGENCY MISSION: PROGRAM: REDEVELOPMENT The Redevelopment Program is responsible for encouraging private investment, removing blight, and promoting economic revitalization in the redevelopment project area. 2002 - 2003 ACCOMPLISHMENTS: · Continued implementation of the Old Town Improvement Program · Funded 22 Faqade Improvement projects · Completed design development and constructions drawings for the Old Town Community Theater · Completed the retrofit of the Mercantile Building for the Old Town Community Theater Entered into a Disposition and Development Agreement with Old Town Dining, LLC to assist with the construction of Baily's restaurant in Old Town Temecula GOAL 1: OBJECTIVES: IMPLEMENT THE OLD TOWN SPECIFIC PLAN Work with Old Town merchants, property owners, civic groups, and the development community to make private and public improvements in Old Town, to develop projects that will revitalize Old Town economy, and to assist in the private rehabilitation of buildings in Old Town ~ Promote and encourage participation in the Faqade Improvement Program ~' Recruit new businesses to open in Old Town PERFORMANCE MEASURES: Number of fat/ade improvement projects completed Number of historical structures assisted Number of redevelopment projects negotiated and completed Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 15 46 15 25 1 0 I 1 2 0 2 2 REDEVELOPMENT AGENCY MISSION: PROGRAM: DEBT SERVICE The Debt Service Program is the operating budget for the Redevelopment Agency. Items budgeted include debt service principal and interest, property tax administrative fees, and pass through agreements. 2002 - 2003 ACCOMPLISHMENTS: · All debt service and related costs for the Tax Allocation Bonds (TABs) were made in a timely manner GOAL 1: ENSURE TIMELY PAYMENT OF DEBT SERVICE AND RELATED COSTS ITEM 3 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn D. Nelson, Executive Director June 10, 2003 Review and Adoption of the FY 2004-08 Capital Improvement Budget for the Redevelopment Agency (RDA) PREPARED BY: Genie Roberts, Director of Finance Gus Papagolos, Fiscal Services Manager RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2004-08 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2003-04 DISCUSSION: The Capital Improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. On May 15, 2003 the City Council held a workshop to review and discuss the draft ClP. A presentation was provided to the City Council on an overview of the Capital Improvement Program. City Councilmembers and staff discussion in detail several projects within the CIP. COSTS The total Redevelopment Agency cost as identified in the CIP is $22,799,782, which includes four (4) RDA projects and five (5) RDA Housing Projects. A total cost of $16,400,782 is programmed in FY 2003-04 CIP. ~EVENUE Projected revenue from the RDA and RDA Housing sources for the Five Year RDA Capital Improvement Program is $24,544,379. Through the five year program, there is adequate funding for all proposed projects. FISCAL IMPACT: The adoption of the FY 2004-08 Five Year Capital Improvement Program establishes the project appropriations for FY 2003-04. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachments: Resolution No. RDA 2003- FY 2004-08 Capital Improvement Program RESOLUTION NO. RDA 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2004-08 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2003-04 WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed FY 2004-08 Capital Improvement Program and has held such public meetings as are necessary prior to adopting the Capital Improvement Budget for FY 2003-04. WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, Capital Improvement Program is necessary; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section t. The Capital Improvement Program FY 2004-08 is hereby approved. A copy of the FY 2004-08 Program is attached hereto as Exhibit "A" and will be kept on file in the office of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA") has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would, directly or indirectly, have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future, unspecified date. The future planning studies will be conducted at the earliest possible time, so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula, and to further the City's strict adherence to both the spirit and letter of the law as regards CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes that the Project would be exempt from review under CEQA both pursuant to Section 15061(b)(3) and pursuant to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program, cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided by both Section 15061 (b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2004-08" included herein appropriations for FY 2003-07 is hereby adopted. The CIP appropriations for the 2001-2002 Fiscal Year which have not been completed, encumbered nor included in the FY 2004-2008 CIP are hereby carried over for each applicable project to the Fiscal Year 2003-2004. Section 4, On May 21,2003 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 5. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. C. The City Manager may approve change orders on Redevelopment Agency contracts in amounts up to $25,000, if sufficient appropriated funds are available. D. That the City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Redevelopment Agency contracts in amounts up to $25,000. Any expenditures of Redevelopment Agency funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Redevelopment Agency contracts approved by the Board of Directors in amounts up to project contingency established by Board of Directors. Section 6. Councilmember Stone abstains with respect to projects within the Old Town area due to property ownership in Old Town Temecula. Section 7. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the City of Temecula at a regular meeting held on the 10th day of June 2003. ATTEST: Ron Roberts, Chairperson Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2002- was duly and regularly adopted by the Board of Directors of the City of Temecula at a regular meeting thereof held on the 11th day of June, 2002, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ITEM 17 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANC~~ CITY MANAGER crr~ o~ 'rE~ECULA AGENDA REPORT City Council Shawn Nelson, City Manager June 10, 2003 Review and Adoption of the FY 2003-04 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance~UF v.,,t,/ Karen Jester, Assistant Finance Directo,~::~,.f'=~ RECOMMENDATION: 1. That the City Councik Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2003-04 DISCUSSION: Attached is the proposed FY 2003-04 Annual Operating Budget. The budget includes revenue projections and expenditure requests for the General Fund, Gas Tax Fund, State Transportation Fund, Law Enforcement Grant Fund, Internal Service Funds and Community Development Block Grant Fund. .. The City of Temecula remains in a healthy financial condition. Based upon the Finance Department's revised estimate of revenues and expenditures for the current fiscal year, it appears that most revenue estimates will be met or exceeded, and that actual expenditures will be less than the budgeted appropriation amounts for an estimated total savings of $1,000,000. On May 15, 2003, the City Council held a workshop to review and discuss the proposed operating budgets. At that time, the City Council provided staff with direction that if the budget shortfall from the State is less than the designated $2.5 million, then they want staff to increase the Open Space designated fund balance by $500,000. In addition to the change in designated fund balance, the City Council provided direction to staff to maintain the advertising for capital improvement projects. Public Works will continue to advertise capital improvement projects within their existing budget appropriations. General Fund Revenues The projected General Fund revenues for FY 2003-04 total $42,696,925, which is a $3,004,405 or 7.6% increase from the FY 2002-03 revenue estimates. Some of the significant revenue increases are summarized below: $2,300,000 increase in sales tax (to $23,400,000) $338,030 increase in motor vehicle in lieu revenue due mainly to population increases $113,980 increase in property taxes due to increases in assessed valuations $98,000 increase in franchise fees due mainly to population increases General Fund Expenditures The proposed budget of $41,490,140 reflects an increase in General Fund expenditures of $2,633,075 or 6.8% from the FY 2002-03 budget. The primary increases affecting the General Fund include: 1) police contract costs due to the addition of three sworn positions, 2) an increase in the CFD 88-12 sales tax reimbursement due to strong retail sales growth within the district, and 3) an increase in the Revenue Excess Sharing in Temecula ("REST") contribution to the TCSD. Personnel costs increases that impact the budget include: 1 ) the completion of implementation of the salary survey for all regular authorized positions (per the City's negotiated labor agreement), 2) the increase of $50 in the benefit allowance to $750 per month effective January 1,2004 for all regular authorized positions per the City's labor agreement, 3) an increase of $100 per month in the salaries for City Councilmembers per Government Code Section 36516 when a city reaches over 75,000 in population which is effective December 1,2003 after the next election, and 4) a cost of living increase of three percent. One new position is proposed to be added to the schedule of authorized positions. Also, a Principal Engineer position was downgraded to an Associate Engineer position. The total net annual cost of these two position changes is approximately $62, 187. Department PW-Traffic Position Senior Signal Technician 2 Five position reclassifications are proposed, the total annual incremental cost of $51,060 is projected for the position upgrades. The Information Systems reclassifications are due to the creation of the Information Systems Department. This new department will combine the MIS and GIS functions and staffing. A summary of the proposed position upgrades is as follows: Dept. Proposed Position PW-Traffic Principal Engineer Information Systems Director of Information Systems Information Systems Administrative Secretary Information Systems Information Systems Administrator TCSD/PW Junior Engineer (1/2) Current Position Senior Engineer information Systems Manager Information Systems Assistant Information Systems Specialist Facility Maintenance Coordinator (1/2) The proposed budget continues the City's practice of relying on project or temporary help to meet shod-term needs, included in the proposed budget is approximately $704,766 in project and temporary help costs, which represents 5.9% of the City's total General Fund personnel cost budget. The project cost associated with the TCSD is approximately $694,050, which represents 23% of the total TCSD personnel budget. Following is a summary of the significant items by department in the FY 2003-04 proposed budget: City Manaqer > Includes $36,000 funding for a federal lobbyist > includes $42,000 funding for a state lobbyist Clerk ,~ Includes $110,000 for elections of City Council and Redhawk Annexation > Information Systems is shown as its own department instead of a division of City Clerk Finance > Reflects a significant reduction in consulting services due to the prior year contracts for a User Fee study and a Development Impact Fee study Planning > Reflects a reduction in their overall budget, because the GIS division has been moved to the newly created Information Systems department > Reflects a significant reduction in consulting services due to the encumbrance of the General Plan contract in the prior year Police > The following modifications are proposed to sworn staffing levels, maintaining the City's ratio of one sworn officer per thousand residents: · Addition of one patrol officer · Addition of two traffic officers The City's ratio of one sworn officer per thousand residents will be maintained Includes continued funding to support the Community Action Patrol ("CAP") program which would utilize citizen volunteers to perform certain functions > Includes $108,000 in support costs for various special events Fire $381,500 increase in Fire Services contract costs due to the implementation of a labor agreement Non-Departmental A $237,000 increase in the CFD 88-12 sales tax reimbursement is included due to continued retail development within the district The "REST" program contribution to the TCSD is proposed to be increased from $2,478,210 to $3,117,275 Operatinq Transfers Out A $2,093,830 transfer to the Capital Improvement Program is proposed INTERNALSERVICEFUNDS Following is a discussion of significant items in the proposed Internal Service Fund budgets: Insurance > No significant changes Vehicles ,~ Four replacement and three new additional vehicle purchases are proposed as follows: Replacement: · Planning: new sedan for pool vehicle, projected cost $25,000 · Fire: new midsize truck for an Inspector, projected cost $25,000 · Public Works: new full size 4wd truck for Land Development for the NPDES Inspector, projected cost $25,000 · TCSD: replacement midsize 4wd truck for Landscape Inspector, projected cost $22,000 ~-New: · Public Works: new full size 4wd truck for Landscape Development pool vehicle, projected cost $25,000 Information Systems Information Systems Division and GIS Division have been combined to form the Information Systems Department ,~ Increased software maintenance costs associated with the conversion of the network from Novell to Microsoft > Decreased depreciation costs $128,000, due to the capitalization policy change from $1,000 to $5,000, which means that any purchase under $5,000 will be expensed in the fiscal year purchased Support Services ~ No significant changes Facilities > No significant changes "Gann" Appropriations Limit In accordance with Government Code Section 7910, the City Council is required on an annual basis to adopt by resolution the "Gann" Appropriations Limit. The Appropriations Limit creates a restriction 4 on the amount of revenue that can be appropriated in any fiscal year. The Limit is increased each year based on the growth of population, inflation, and non-residential assessed valuation. Using population data provided by the State Department of Finance, and assessed valuation information provided by the City's property tax consultant HdL, Coren & Cone, the City's Appropriations Limit for FY 2003-04 has been computed to be $57,175,848. Appropriations subject to the limit in the proposed FY 2003-04 budget total $32,717,845, which is $24,458,003 less than the computed limit. Additional appropriations to the budget funded by non-tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the Appropriations Limit. However, any supplemental appropriations funded through increased tax sources could not exceed the $24,458,003 variance indicated above. Further, any overall actual receipts from tax sources greater than $24,458,003 from the budget estimates will result in proceeds from taxes in excess of the City's Appropriations Limit, requiring refunds of the excess within the next two fiscal years, or voter approval to increase the City's Appropriations Limit. FISCAL IMPACT: Due to anticipated additional revenues to be received and expenditure savings in the current fiscal year, it is estimated that the June 30, 2003 fund balance will be approximately $1,000,000 higher than originally expected. The proposed FY 2003-04 General Fund operating budget is a balanced budget that provides for an excess of General Fund revenues over operating expenditures of $1,206,785 (before operating transfers), and provides $2.1 million to be transferred to the Capital Improvement Program. The proposed budget provides for a $10 million designation for economic uncertainties, maintains existing funds for open space acquisition, additionally designates funds for retiree health benefits, and $2.5 million for State budget impacts as of June 30, 2004. Attachments: -Resolution No. 03- -Resolution No. 03- -Resolution No. 03- -FY 2003-04 Proposed Annual Operating Budget 5 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the City Council of the City of Temecula has reviewed the proposed final FY 2003-04 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula FY 2003-04 Annual Operating Budget" is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the City Manager. C. The City Council must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The City Council must authorize any changes to the Schedule of Authorized Positions. The City Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. F. Pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 3. Outstanding encumbrances shown on the City books at June 30, 2003 are hereby appropriated for such contracts or obligations for FY 2003-04. Section 4. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this f 0~' day of June 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 03-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the tOth day of June, 2003, by the following vote of the City Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS WHEREAS, pursuant to the authority under Chapter 2.12.030 of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies: and, WHEREAS, the City Manager has recommended and the City Council now wishes to adopt the Revised Schedule of Authorized Positions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The attached Schedule of Authorized Positions (Exhibit A) is hereby adopted pursuant to Section 45001 of the Oalifornia Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective duly 1,2003, and may be thereafter amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the Oity's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. The Oity Olerk shall certify to the adoption of this Resolution. 8 PASSED, APPROVED AND ADOPTED this 10TM day of June 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10TM day of June 2003, by the following vote of the City Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk City of Temecula FY 03104 Schedule of Authorized Positions Buildin.q & Safety Administrative Secretary Building Inspector II Community Development Technician Deputy Building Official Director of Building & Safety Office Assistant Office Specialist Plan Checker/Building Insp. Senior Building Inspector Building & Safety Subtotals: Authorized Count Minimum M~ximum City Clerk Administrative Secretary Central Services Coordinator City Clerk/Director Of Support Services Deputy Director Of Support Services Minute Clerk Office Assistant Office Specialist Records Coordinator City Clerk Subtotals: Exhibit A Final ExemptJ Nonexempt City Council City Council City Council Subtotals: 1.0 $2,804 $3,589 NE 7.0 $3,535 $4,525 NE 4.0 $2,922 $3,742 NE 1.0 $5,316 $6,805 E 1.0 $6,646 $8,506 E 2.0 $1,961 $2,510 NE 1.0 $2,115 $2,707 NE 1.0 $3,826 $4,898 NE 1.0 $4,217 $5,397 E 19.0 City Manaeer/Human Resources Administrative Secretary Assistant City Manager Asst. To The City Manager/HR Director City Manager Executive Assistant Human Resources Analyst Human Resources Specialist Marketing Coordinator Senior Management Analyst City Manager Subtotals: 1.0 $2,804 $3,589 NE 1.0 $2,406 $3,079 NE 1.0 $6,646 $8,506 E 1.0 $5,110 $8,543 E 1.0 $2,804 $3,589 NE 0.5 $1,961 $2,510 NE 2.0 $2,115 $2,707 NE 1.0 $2,771 $3,545 NE 8.50 $760** 5.0 $o 5,0 1.0 $2,804 $3,589 NE 1.0 $8,990 $11,508 E 1.0 $6,646 $8,506 E 1.0 *** $12,818 E 1.0 $3,705 $4,743 E 1.0 $4,077 $5,218 E 1.0 $3,315 $4,243 E 1.0 $4,484 $5,741 E 1.0 $4,953 $6,341 E 9.0 NOTE: **includesRDAandTCSDmeeEngfee$ Updated on 06/03/2003 Page 1 City of Temecula Schedule of Authorized Positions Exhibit A FY 03~04 Final Authorized ExemptJ Count Minimum Maximum Nonexempt Community Services Administrative Secretary Aquatics Supervisor Custodian Deputy Dir. Of Comm. Svcs. Development Services Administrator Director Of Community Services Facility Maintenance Coordinator Landscape Inspector Lead Maintenance Worker Maintenance Superintendent Maintenance Supervisor Maintenance Worker Management Analyst Museum Services Manager Office Specialist Park/Landscape Maintenance Supervisor Recreation Coordinator Recreation Services Manager Recreation Superintendent Recreation Supervisor Senior Landscape Inspector Senior Recreation Coordinator Community Services Subtotals: 1.0 $2,804 $3,589 NE 1.0 $3,475 $4,448 NE 2.0 $2,099 $2,687 NE 1.0 $6,358 $8,138 E 1.0 $5,349 $6,847 E 1.0 $7,936 $10,158 E 0.5 $2,897 $3,707 NE 2.0 $2,978 $3,810 NE 2.0 $2,939 $3,760 NE 1.0 $5,054 $6,469 E 1.0 $4,114 $5,265 E 3.0 $2,496 $3,195 NE 1.0 $4,484 $5,741 E 2.0 $3,572 $4,574 NE 3.0 $2,115 $2,707 NE 1.0 $4,114 $5,265 E 1.0 $2,838 $3,632 NE 1.0 $4,535 $5,804 E 1.0 $5,180 $6,630 E 3.0 $5,334 $8,829 NE 1.0 $3,422 $4,381 NE 1.0 $3,122 $3,995 NE 31.5 Finance Accountant Accounting Assistant Accounting Specialist Administrative Secretary Assistant Finance Director Business License Specialist/Cashier Director Of Finance Fiscal Services Manager Purchasing Coordinator Revenue Manager Senior Accountant Finance Subtotals: 1.0 $3,609 $4,620 NE 2.0 $2,334 $2,987 NE 3.0 $2,700 $3,454 NE 1.0 $2,804 $3,589 NE 1.0 $6,301 $8,067 E 1.0 $2,413 $3,089 NE 1.0 $7,936 $10,158 E 1.0 $5,533 $7,083 E 1.0 $2,700 $3,454 NE 1.0 $4,953 $6,341 E 1.0 $4,607 $5,897 E 14.0 Fire Office Specialist Fire Subtotals: 1.0 $2,115 $2,707 NE 1.0 Updated on 06/03/2003 Page 2 City of Temecula FY 03/04 Schedule of Authorized Positions Plannin.q Administrative Secretary Assistant Planner Associate Planner Code Enforcement Officer I Code Enforcement Officer II Deputy City Manager Development Processing Coordinator Director of Planning Office Assistant Office Specialist Principal Planner Senior Planner Planning Subtotals: Authorized Count Minimum Maximum Exhibit A Final Exempt/ Nonexempt 1.0 $2,804 $3,589 NE 1.0 $3,628 $4,645 NE 6.0 $4,115 $5,266 NE 2.0 $3,387 $4,336 NE 1.0 $3,727 $4,770 NE 1.0 $8,896 $11,387 E 1.0 $3,728 $4,772 NE 1.0 $7,360 $9,421 E 2.0 $1,961 $2,510 NE 2.0 $2,115 $2,707 NE[ 3.0 $5,975 $7,649 E 1.0 $5,197 $6,652 E 22.0 Public Works Administrative Secretary 1.0 Assistant Engineer 7.0 Associate Engineer 8.0 CIP Specialist 0.75 Deputy Director Public Works 1.0 Director Of Public Works/City Engineer 1.0 Engineering Technician 1.0 Junior Engineer 1.5 Lead Maintenance Worker 4.0 Maintenance Superintendent 1.0 Maintenance Supervisor 1.0 Maintenance Worker 5.0 Management Analyst 1.0 Office Assistant 2.0 Office Specialist 3.0 Principal Engineer 3.0 Property Agent 1.0 Public Works Inspector 2.0 Senior Engineer 2.0 Senior Public Works Inspector 4.0 Senior Signal Technician 1.0 Special Projects Engineer 1.0 Public Works Subtotals: 52.25 $3,589 $5,193 $6,104 $4,122 $9,1o8 $11,387 $3,5O8 $4,035 $3,760 $6,469 $5,265 $3,195 $5,741 $2,510 $2,707 $8,198 $6,104 $4,562 $7,198 $5,246 $5,265 $6,104 $2,804 $4,055 $4,769 $3,220 $7,116 $8,896 $2,740 $3,152 $2,939 $5,054 $4,114 $2,496 $4,484 $1,961 $2,115 $6,405 $4,769 $3,564 $5,623 $4,098 $4,114 $4,769 NE NE E NE E E NE NE NE E E NE E NE NE E E NE E NE E E Updated on 06/03/2003 Page 3 City of Temecula Schedule of Authorized Positions Exhibit A FY 03~04 Final Authorized Exempt/ Count Minimum Maximum Nonexempt Redevelopment Administrative Secretary 1.0 $2,804 $3,589 NE Director of Housing & Redevelopment 1.0 $7,360 $9,421 E Management Analyst 1.0 $4,484 $5,741 E Redevelopment Subtotals: 3.0 Information Systems Administrative Secretary 1.0 $2,804 $3,589 NE Director of Information Systems 1.0 $6,646 $8,506 E GIS Administrator 1.0 $4,580 $5,861 E GIS Analyst 1.0 $3,487 $4,464 NE Information Systems Administrator 2.0 $4,580 $5,861 E Information Systems Specialist 1.0 $3,751 $4,802 E Webmaster 1.0 $3,487 $4,464 NE Information Systems Subtotals: 8.0 Totals: Building & Safety ................................... 19.0 City Clerk ............................................. 8.50 City Council .......................................... 5.0 City Manager ........................................ 9.0 Community Services .............................. 31.5 Finance ............................................... 14.0 Fire ..................................................... 1.0 Planning .............................................. 22.0 Public Works ........................................ 52.25 Redevelopment ..................................... 3.0 Information Systems ..............................8.0 Total of Authorized Positions: 173.25 Updated on 06/03/2003 Page 4 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2003-04 WHEREAS, the voters approved the Gann Spending-Limitation Initiative (Proposition 4) on November 6, 1979, adding Article XIII B to the Constitution of the State of California to establish and define annual appropriation limits on state and local governmental entities; WHEREAS, SB 1352 provides for the implementation of Article Xlll B by defining various terms used in this article and prescribing procedures to be used in implementin9 specific provisions of the article, including the establishment by resolution each year by the governing body of each local jurisdiction of its appropriations limits; WHEREAS, the required computations to determine the Appropriations Limit for FY 2003-04 have been performed by the Finance Department and are on file with the office of the City Clerk, and available for public review; WHEREAS, these computations are provided on Exhibit "A" which is herein incorporated by reference and attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The Appropriations Limit for the City of Temecula for FY 2003-04 is hereby adopted. Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk. 10 PASSED, APPROVED AND ADOPTED this 10th day of June 2003. ATTEST: Jeffrey E.Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) t, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of June, 2003, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 11 EXHIBIT "A" CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 1992-93 Appropriations Limit ................................................................................. $10,109,911 FY 1993-94 Population Change*. ......................................................................................... 8.25% FY 1993-94 Per Capita Personal Income Change*. ............................................................. 2.72% Cumulative Compound (1.0825 x 1.0272) .......................................................................... 11.19% FY 1993-94 Appropriations Limit ................................................................................. $11,241,655 FY 1994-95 Population Change*. ........................................................................................... 8.15% FY 1994-95 Increase in Non-Residential Assessed Valuation**. ........................................... 21.7% Cumulative Compound (1.0815 x 1.2170) ............................................................................ 31.61 % FY 1994-95 Appropriations Limit ................................................................................... $14,796,098 FY 1995-96 City Population Change*. .................................................................................. 10.49% FY 1995-96 Per Capita Personal Income Change*. ............................................................... 4.72% Cumulative Compound (1.1049 x 1.0472) ............................................................................ 15.71% FY 1995-96 Appropriations Limit ................................................................................... $17,119,161 FY 1996-97 City Population Change*. .................................................................................... 6.54% FY 1996-97 Increase in Non-Residential Assessed Valuation**. ......................................... 17.07% Cumulative Compound (1.0654 x 1.1707) ............................................................................ 24.73% FY 1996-97 Appropriations Limit ................................................................................... $21,352,109 FY 1997-98 City Population Change*. .................................................................................... 3.01% FY 1997-98 Per Capita Personal Income Change*. ............................................................... 4.67% Cumulative Compound (1.0301 x 1.0467) .............................................................................. 7.82% F Y 1997-98 Appropriation Limit ................................................................................... $23,021,965 FY 1998-99 City Population Change*. .................................................................................... 6.41% FY 1998-99 Per Capita Personal Income Change*. ............................................................... 4.15% Cumulative Compound (1.0641 x 1.0415) ............................................................................ 10.83% FY 1998-99 Appropriation Limit .................................................................................... $25,514,326 EXHIBIT "A" CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 1999-00 City Population Change*. .................................................................................... 4.88% FY 1999-00 Increase ~n Non-Residential Assessed Valuation**. ........................................... 7.92% Cumulative Compound (1.0488 x 1.0792) ............................................................................ 13.19% FY 1999-00 Appropriation Limit .................................................................................... $28,878,773 FY 2000-01 City Population Change*. .................................................................................... 9.55% FY 2000-01 Increase m Non-Residential Assessed Valuation**. ........................................... 7.73% Cumulative Compound (1.0955 x 1.0773) ............................................................................ 18.02% FY 2000-01 Appropriation Limit .................................................................................... $34,082,212 FY 2001-02 City Population Change*. .................................................................................. 24.74% FY 2001-02 Increase ~n Non-Residential Assessed Valuation**. ......................................... 14.01% Cumulative Compound (1.2474 x 1.1401 ) ............................................................................ 42.22% FY 2001-02 Appropriation Limit .................................................................................... $48,470,384 FY 2002-03 City Population Change*. .................................................................................... 8.37% FY 2002-03 Increase ~n Non-Residential Assessed Valuation**. ........................................... 1.80% Cumulative Compound (1.0837 x 1.018) .............................................................................. 10.32% FY 2002-03 Appropriation Limit .................................................................................... $53,472,848 FY 2003-04 City Population Change*. .................................................................................... 3.10% FY 2003-04 Increase in Non-Residential Assessed Valuation** ............................................ 3.71% Cumulative Compound (1.0310 x 1.0371) .............................................................................. 6.93% FY 2003-04 Appropriation Limit .................................................................................... $57,175,848 * Source: State of California Department of Finance ** Source: HdL Coren & Cone FISCAL YEAR 2003-04 OPERATING BUDGET FUND SUMMARIES CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GENERAL FUND 2003-04 PROPOSED OPERATING BUDGET 2002-03 2002-03 2003-04 Proposed % 2001-02 YTD Current Proposed Increase Increase Actual @ 3/31/03 Budqet Budqet (Decrease) (Decrease) Total Revenues 38,444,926 30,199,514 39,692,520 42,696,925 3,004,405 7.6% Expenditures by Dept: Ci~ Council 341,195 311,046 395,400 421,750 26,350 6.7% Community Support 402,728 323,383 436,500 403,700 (32,800) -7.5% City Manager 645,778 472,654 844,390 912,845 68,455 8.1% Economic Development 784,817 671,973 808,175 759,170 (49,005) -6.1% City Clerk 720,500 541,526 827,740 956,785 129,045 15,6% City Attorney 750,311 617,556 790,000 665,000 (125,000) -15.8% Finance 1,103,970 1,007,362 1,507,676 1,610,040 102,364 6.8% Human Resources 372,119 315,591 463,158 441,480 (21,678) -4.7% Planning 2,467,971 2,080,586 3,166,605 2,869,855 {296,750) -9.4% Building & Safety 1,758,025 1,463,453 2,189,473 2,247,705 58,232 2.7% Land Development 1,101,301 1,042,324 1,603,658 1,825,125 221,467 13.8% Public Works 3,681,382 2,775,669 5,079,267 4,874,060 (205,207) -4,0% CIP Admin 1,335,456 1,225,962 1,895,776 2,093,635 197,859 10.4% Police 8,578,955 6,514,421 9,981,210 11,249,260 1,268,050 12.7% Fire 2,914,919 2,738,884 3,791,702 4,189,455 397,753 10.5% Animal Control 81,105 66,355 102,500 132,000 29,500 28~8% Non-Depadmental 4,217,581 3,775,273 4,973,835 5,838,275 864,440 17.4% Totat Expenditures 31,258,113 25,944,018 38,857,065 41,490~140 2,633,075 6.8% Excess of Revenues Over (Under) Expenditures 7,186,813 4,255,496 835,455 1,206,785 371,330 Operating Transfers Out: Capital Projects information Systems Vehicles 5,030,000 2,130,000 2,240,800 2,093,830 (146,970) Total Operating Transfers Out 5,030,000 211301000 2,240,800 2,093,830 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 2,156,813 2,126,496 (1,405,345) CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GENERAL FUND 2003-04 PROPOSED OPERATING BUDGET Fund Batance, Beg. of Year Revenues Expenditures and Transfers Out Fund Balance, End of Year 2002-03 2001-02 YTD Actual @ 3/31/03 21,404,491 38,444,926 (36,288,111) 23 561 306 2002-03 2003-04 Currant Proposed Budg~ Budqet 23,561,306 23,155,961 * 39,692,520 42,696,925 (41,097,865) (43~583~970) 22,155,961 22~268~916 Detail of Fund Balance: Reserved for land held for resale Reserved for long-term advance to RnA Reserved for long-term advance to ClP (Overland) Reserved for long-term receivables Reserved for comprehensive annual leave Unreserved: Designated for continuing appropriation Designated for advance to ClP (Chaparral Pool) Designated for economic uncedainly Designated for retiree benefits Designated for open space Designated for State budget impacts Designated for French Valley/I-15 Overcrossing/Interchange ** Designated for capital reserves Undesignated 530,401 530,401 918,171 918,171 1,425,000 712,500 320,000 307,000 572,000 600,000 200,543 200,543 1,000,000 1,000,000 10,272,182 10,000,000 1,022,851 522,851 2,500,000 1,924,000 6~917~664 2~030~599 22 155 961 22 268 916 · Projects $1 million in additional revenues and expenditure savings in FY 02-03 **Potential Right-of-way Acquisition advance - repaid by TUMF CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GAS TAX FUND 2003~04 PROPOSED OPERATING BUDGET 2002-03 2002-03 2003-04 Proposed % 2001-02 YTD Current Proposed Increase Increase Actual @ 3/31/03 Budget Budqet (Decrease) (Decrease) Total Revenues 1,139,387 1,045,411 1,379,000 1,485,200 106,200 7.7% TotalExpenditures Excess of Revenues Over (Under) Expenditures 1 139 387 1,045,411 1,379,000 Operating Transfers Out: General Fund 1 ~139~387 938~167 1 ~379~000 1,485,200 1,485,200 1061200 106~200 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balance, Beg. of Year 107 244 Fund Balance, End of Year 7.7% CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE STATE TRANSPORTATION FUND 2003-04 PROPOSED OPERATING BUDGET Total Reveques Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers Out: CIP Fund 2002-03 2002-03 2003-04 Proposed % 2001-02 YTD Current Proposed Increase Increase Actual @ 3/31/03 Budqet Budqet (Decrease) (Decrease) 180,319 82,687 219,000 (219,000) 180~319 82~687 219 000 556,318 105,125 121 ~244 (121,244) Excess o1 Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg, of Year Fund Balances, End of Year (375,999) 398,619 22,620 (22,438) 97,756 22,620 120,376 - ..___.__.LtZ~ 120,376 120,376 -100.0% -100.0% CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE LAW ENFORCEMENT FUND 2003-04 PROPOSED OPERATING BUDGET Total Revenues Total Expenditures 2002-03 2002-03 2003-04 Proposed % YTD Current Proposed Increase Increase Actual Budget Budqet (Decrease) (Decrease) 140,458 140,726 130,000 146,500 16,500 Excess of Revenues Over (Under) Expenditures 140 458 140,726 130,000 146 500 16 500 Operating Transfers Out: General Fund 139,591 141,148 130,000 146,500 16,500 Excess of Revenues Over (Under) Expenditures and Operating Transfers Qut Fund Balances, Beg. of Year Fund Balances, End of Year 867 867 867 867 867 867 CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND EQUITY INTERNAL SERVICE FUNDS 2003-04 PROPOSED OPERATING BUDGET 2002-03 2002-03 2003-04 Proposed % 2001-02 YTD Current Proposed Increase Increase Actual @ 3/31/03 Budqet Budqet (Decrease) (Decrease) Total Revenues by Fund: I nsu rance 516,384 426,784 519,760 697,197 177,437 34.1% Vehicles 203,184 186,293 244,800 292,320 47,520 19.4% Information Systems 1,181,571 1,286,070 1,436,600 1,831,535 394,935 27.5% Support Services 287,610 219,391 301,300 321,921 20,621 6.8% Facilities 433~095 377,032 539,770 579~555 39~785 7.4% Total Revenues 2,621 ~844 2,495~570 3~042~230 3,722,528 680,298 22.4% 633,815 34,055 5.7% 243,600 35,600 17.1% 1,831,535 362~492 24.7% 292,655 (4,133) -1 4% 579,495 31,904 5.8% 3,581 ~100 459~918 14.7% Total Expenditures by Fund: Insurance 503,252 398,167 599,760 Vehicles 167,576 155,243 208,000 Information Systems 1,059,389 1,026,981 1,469,043 Support Services 258,624 202,396 296,788 Facilities 434, t 97 364 ~614 547,591 Total Expenditures 2~423,038 2,147,401 3,121,182 Excess of Revenues Over (Under) Expenditu res 198,806 348,169 (78,952) 141,428 220,380 Operating Transfers In (Out): General Fund (Vehicles) General Fund (Information Systems) CIP (Insurance) 333,268 Excess of Revenues and Operating Transfers Over (Under} Expenditures 532,074 348~169 (78,952) 141,428 220 380 Retained Eamings, Beg. of Year 1,431,376 1,963,450 1,884,498 Retained Earnings, End of Year 1,963,450 t ,884,498 2,025,926 CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE COMMUNITY DEVELOPMENT BLOCK GRANT 2003-04 PROPOSED OPERATING BUDGET 2002-03 2002-03 2003-04 Proposed % 2001-02 YTD Current Proposed Increase Increase Actual @ 3/31/03 Budqet Budqet (Decrease) (Decrease) Total Revenues 621,460 425,120 386,964 (38,156) -9.0% Total Expenditures 40~000 52~893 58~044 5,151 Excess of Revenues Over (Under) Expenditures 581 460 372~227 Operating Transfers Out: CIP Fund 581 ~460 72~500 328 920 (43~307) -11.6% 328~920 256,420 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year 299,727 (299,727) 299~727 Fund Balances, End ~ Year 299,727 299 727 FISCAL YEAR 2003-04 OPERATING BUDGET GENERAL FUND GENERAL FUND REVENUES BY SOURCE Taxes and Franchises Property Tax Franchise Fees Sales and Use Tax Property Transfer Tax Transient Occupancy Tax Licenses, Permits, and Service Charges Business Licenses Land Development Building Planning Fire Fines and Forfeitures Use of Money Investment Interest Intergovernmental Revenues Motor Vehicle in Lieu Motor Vehicle License Fees AB 3229 (COPS) Grants ERAF/Booking Fee Reimbursement Reimbursement from Capital Improvement Program Community Services District Redevelopment Agency Other Operating Transfers In Miscellaneous Total Actual Actual Estimated Projected FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 1,913,481 $ 2,330,541 $ 2,474,850 $ 2,602,180 1,618,679 1,861,385 1,954,000 2,052,000 16,321,929 19,237,317 21,100,000 23,400,000 435,438 570,974 415,200 435,960 1,345,539 1,424,167 1,585,000 1,672,540 215,795 230,940 205,000 215,000 1,368,432 2,135,359 1,304,890 1,203,727 2,168,888 1,464,047 1,402,000 1,624,400 624,340 509,655 569,420 397,650 226,048 173,029 220,000 255,000 469,577 586,364 505,300 542,230 1,539, I01 908,409 646,000 530,000 2,862,407 3,698,338 3,381,300 3,719,330 33,200 105,009 57,000 60,000 116,791 186,790 207,215 115,000 45,000 267,770 106,867 106,000 726,327 695,225 1,503,360 1,674,908 162,000 162,000 162,000 162,000 225,000 225,000 225,000 225,000 47,785 136,823 94,700 111,800 1,044,376 1,278,978 1,509,000 1,631,700 142,826 397,284 157,500 136,500 $34,062,519 $38,444,926 $39,692,520 $42,696,925 GENERAL FUND REVENUES BY SOURCE FISCAL YEAR 2003-04 GENERAL FUND REVENUES $42,696,925 FOUR-YEAR COMPARISON $35 $20 $15 $10 Actual Actual Estimated Projected 2000-01 2001-02 2002-03 2003-04 EXPENDITURE SUMMARY BY CATEGORY - GENERAL FUND Department City Council: City Council Community Support City Manager: City Manager Economic Development Human Resources City Attorney City Clerk Finance Community Development: Planning Building & Safety Land Development Public Works: Public Works CIP Administration Police Fire Animal Control Non-Departmental Total Operating Transfers to CIP Total Operations Capital Personnel & Maintenance Outlay Total 110,360 311,390 421,750 403,700 403,700 649,335 263,510 912,845 203,870 555,300 759,170 243,230 198,250 441,480 665,000 665,000 562,440 394,345 956,785 1,135,580 474,460 1,610,040 2,061,705 807,650 500 2,869,855 1,691,620 556,085 2,247,705 1,441,840 383,285 1,825,125 1,617,845 3,234,005 22,210 4,874,060 1,739,495 350,140 4,000 2,093,635 26,090 11,164,170 59,000 11,249,260 132,950 4,022,205 34,300 4,189,455 132,000 132,000 5,838,275 5,838,275 $11,616,360 $ 29,753,770 $ 120,010 $41,490,140 2,093,830 $43,583,970 EXPENDITURE BY CATEGORY - GENERAL FUND FISCAL YEAR 2003-04 PROJECTED EXPENDITURES $ 41,490,140 (Excluding Operating Transfers) PERSONNEL ALLOCATION BY DEPARTMENT GENERAL FUND CITY COUNCIL Councilmembers CITY MANAGER City Manager Assistant City Manager Assistant to the City Manager/HR Director Senior Management Analyst Executive Assistant Human Resources Analyst Marketing Coordinator Human Resources Specialist Administrative Secretary Total CITY CLERK City Clerk/Director of Support Services Deputy Director of Support Services Records Coordinator Administrative Secretary Minute Clerk Office Specialist Office Assistant Total FINANCE Director of Finance Assistant Finance Director Fiscal Services Manager Revenue Manager Senior Accountant Accountant Administrative Secretary Accounting Specialist Purchasing Coordinator Business License Specialist/Cashier Accounting Assistant Authorized Authorized 2002-03 Changes 2003-04 5.00 0.00 5.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 ! .00 0.00 1.00 ! .00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 9.00 0.00 9.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 ! .00 1.00 0.00 1.00 2.00 0.00 2.00 1.00 0.00) 0.00 8.00 (1.00) 7.00 1.00 0.00 1.00 1.00 0.00 1.00 0.75 0.00 0.75 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.75 0.00 0.75 3.00 0.00 3.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 Total 13.50 0.00 13.50 PERSONNEL ALLOCATION BY DEPARTMENT COMMUNITY DEVELOPMENT - PLANNING Deputy City Manager Director of Planning Principal Planner Senior Planner Senior Management Analyst GIS Administrator Associate Planner Development Processing Coordinator Code Enforcement Officer Il Assistant Planner Code Enforcement Officer l GIS Analyst Administrative Secretary Office Specialist Office Assistant Total Authorized Authorized 2002-03 Changes 2003-04 1.00 0.00 1.00 1.00 0.00 1.00 3.00 0.00 3.00 1.00 0.00 1.00 0.00 0.00 0.00 1.00 (1.00) 0.00 6.00 0.00 6.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 1.00 (1.00) 0.00 1.00 0.00 1.00 2.00 0.00 2.00 2.00 0.00 2.00 24.00 (2.00) 22.00 COMMUNITY DEVELOPMENT - BUILDING & SAFETY Director of Building and Safety Deputy Building Official Senior Building Inspector Plan Checker / Building Inspector Building Inspector 11 Community Development Technician Administrative Secretary Office Specialist Office Assistant Total COMMUNITY DEVELOPMENT - LAND DEVELOPMENT Director of Public Works/City Engineer Deputy Director of Public Works Principal Engineer Senior Engineer Associate Engineer Special Projects Associate Engineer Senior Public Works Inspector Assistant Engineer Junior Engineer Engineering Tech Public Works Inspector Administrative Secretary Office Specialist Office Assistant 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 7.00 0.00 7.00 4.00 0.00 4.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 19.00 0.00 19.00 0.30 0.00 0.30 0.30 0.00 0.30 1.00 (1.00) 0.00 1.00 0.00 1.00 3.00 0.00 3.00 1.00 0.00 1.00 2.00 0.00 2.00 3.00 0.00 3.00 ! .00 0.00 1.00 1.00 0.00 1.00 1.50 0.00 1.50 0.25 0.00 0.25 1.00 0.00 1.00 0.33 0.00 0.33 Total 16.68 (1.00) 15.68 PERSONNEL ALLOCATION BY DEPARTMENT PUBLIC WORKS Director of Public Works/City Engineer Deputy Director of Public Works Principal Engineer Senior Engineer Associate Engineer Maintenance Superintendent Assistant Engineer Junior Engineer Maintenance Supervisor Management Analyst Landscape Inspector Administrative Secretary Senior Signal Technician Lead Maintenance Worker Maintenance Worker Office Specialist Office Assistant Total PUBLIC WORKS - CIP ADMINISTRATION Director of Public Works/City Engineer Deputy Director of Public Works Principal Engineer Senior Engineer Associate Engineer Property Agent Senior Public Works Inspector Assistant Engineer Management Analyst CIP Specialist Public Works Inspector Administrative Secretary Office Specialist Office Assistant Total FIRE Office Specialist Total General Fund Total Authorized Authorized 2002-03 Changes 2003-04 0.40 0.00 0.40 0.40 0.00 0.40 0.00 1.00 1.00 1.00 (1.00) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.50 0.50 1.00 0.00 1.00 0.50 0.00 0.50 0.25 0.00 0.25 0.50 0.00 0.50 0.00 1.00 1.00 4.00 0.00 4.00 5.00 0.00 5.00 1.00 0.00 1.00 1.33 0.00 1.33 18.38 1.50 19.88 0.30 0.00 0.30 0.30 0.00 0.30 2.00 0.00 2.00 1.00 0.00 1.00 3.00 1.00 4.00 1.00 0.00 1.00 2.00 0.00 2.00 3.00 0.00 3.00 0.50 0.00 0.50 0.75 0.00 0.75 0.50 0.00 0.50 0.25 0.00 0.25 1.00 0.00 1.00 0.34 0.00 0.34 15.94 1.00 16.94 1.00 0.00 1.00 1.00 0.00 1.00 130.50 (1.50) 129.00 PERSONNEL ALLOCATION BY DEPARTMENT COMMUNITY SERVICES PARKS AND RECREATION Director of Community Services Deputy Director of Community Services Maintenance Superintendent Development Services Administrator Recreation Superintendent Recreation Services Manager Maintenance Supervisor Parks/Landscape Maintenance Supervisor Management Analyst Senior Landscape Inspector Museum Services Manager Aquatics Supervisor Recreation Supervisor Administrative Secretary Lead Maintenance Worker Senior Recreation Coordinator Recreation Coordinator Landscape Inspector Maintenance Worker Office Specialist Custodian Total SERVICE LEVEL B Management Analyst SERV1CE LEVEL C Maintenance Superintendent Maintenance Supervisor Parks/Landscape Maintenance Supervisor Management Analyst Senior Landscape Inspector Landscape Inspector Office Specialist Total SERVICE LEVEL D Development Services Administrator Management Analyst Office Specialist Authorized Authorized 2002-03 Changes 2003-04 1.00 0.00 1.00 1.00 0.00 1.00 0.70 0.00 0.70 0.85 0.00 0.85 1.00 0.00 1.00 1.00 0.00 1.00 0.70 0.00 0.70 0.70 0.00 0.70 0.50 0.00 0.50 0.50 0.00 0.50 2.00 0.00 2.00 1.00 0.00 1.00 3.00 0.00 3.00 1.00 0.00 1.00 1.50 0.00 1.50 1.00 0.00 1.00 1.00 0.00 1.00 1.25 0.00 1.25 2.50 0.00 2.50 2.30 0.00 2.30 1.00 0.00 1.00 25.50 0.00 25.50 0.05 0.00 0.05 0.05 0.00 0.05 0.15 0.00 0.15 0.15 0.00 0.15 0.30 0.00 0.30 0.50 0.00 0.50 0.50 0.00 0.50 0.30 0.00 0.30 1.95 0.00 1.95 0.15 0.00 0.15 0.15 0.00 0.15 0.10 0.00 0.10 Total 0.40 0.00 0.40 PERSONNEL ALLOCATION BY DEPARTMENT INTERNAL SERVICE FUNDS INSURANCE Fiscal Services Manager Administrative Secretary Tohal INFORMATION SYSTEMS Director of Information Systems Information Systems Manager Information Systems Administrator Information Systems Specialist GIS Administrator GIS Analyst Administrative Secretary Wcbmaster Total SUPPORT SERVICES Central Services Coordinator Office Assistant Total FACILITIES Maintenance Superintendent Maintenance Supervisor Parks/Landscape Maintenance Supervisor Facility Maintenance Coordinator Lead Maintenance Worker Maintenance Worker Custodian Office Specialist Total Internal Service Funds Total Authorized Authorized 2002-03 Changes 2003-04 0.25 0.00 0.25 0.25 0.00 0.25 0.50 0.00 0.50 0.00 1.00 1.00 1.00 (1.00) 0.00 1.00 1.00 2.00 2.00 (1.00) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 1.00 0.00 1.00 5.00 3.00 8.00 1.00 0.00 1.00 0.50 0.00 0.50 1.50 0.00 1.50 0.25 0.00 0.25 0.15 0.00 0.15 0.15 0.00 0.15 1.00 (0.50) 0.50 0.50 0.00 0.50 0.50 0.00 0.50 1.00 0.00 1.00 0.30 0.00 0.30 10.85 2.50 13.35 PERSONNEL ALLOCATION BY DEPARTMENT REDEVELOPMENT AGENCY LOW/MOD HOUSING Director of Housing/Redevelopment Senior Management Analyst Administrative Secretary Total REDEVELOPMENT Director of Housing/Redevelopment Senior Management Analyst Administrative Secretary Total Redevelopment Agency Total Authorized Authorized 2002-03 Changes 2003-04 0.75 0.00 0.75 0.75 0.00 0.75 0.50 0.00 0.50 2.00 0.00 2.00 0.25 0.00 0.25 0.25 0.00 0.25 0.50 0.00 0.50 1.00 0.00 1.00 3.00 0.00 3.00 DEPARTMENT: CITY COUNCIL CITIZENSOF ] TEMECULA Mayor Jeffrey E. Stone Mayor Pro Tem M chae S. Naggar ] fCouncilmember Jeff Comerchero I Councilmember II Albert S. Pratt Councilmember II Ron Roberts Program: City Council Expenditure Sununar~ Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 69,666 $ 81,695 $ 102,400 $ 110,360 196,164 259,500 293,000 311,390 $ 265,830 $ 341,195 $ 395,400 . $ 421,750 Program: Community Support Expenditure Summar}, Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 422,233 $ 402,728 $ 436,500 $ 403,700 $ 422,233 $ 402,728 $ 436,500 $ 403,700 Personnel AHocation Authorized Authorized 2002-03 Changes 2003-04 Department Total 5.00 0.00 5.00 DEPARTMENT: CITY COUNCIL PROGRAM: CITY COUNCIL MISSION: The City Council is elected by the citizens of Temecula to set overall policies, legislative tnd otherwise, giving direction to the City Manager to ensure his effective and efficient operation of the City, and to identify the types and levels of the programs and services to be provided to its residents. 2002 - 2003 ACCOMPLISHMENTS: The Temecula City Council is ultimately responsible for providing policy direction and budgetary approvals for all City projects and programs. A few of the significant accomplishments include: Successfully opposed SDG&E Powerline Project Streamlined Development Review Process Actively engaged in RCIP & TUMF Programs Approval of Guidant Owner Participation & Development Agreements Obtained approval for French Valley Interchange Project Study Report Responsible for $5 million dollars in Improvements to Winchester Road Awarded construction contract for Rancho California Bridge Widening Added 2~d Paramedic Unit Added Megan's Law Database to Old Town Police Storefront Creation of Citizen Corps Program Implementation of Citizen Action Patrol (CAP) Approved Wolf Creek Sports Park Master Plan Approved construction contract for the Temecula Children's Museum - Imagination Workshop Approved Community Theater Master Plan Completion of Mary Phillips Senior Center Expansion Approval of Roripaugh Ranch Project Initiated General Plan Update Process GOAL 1: OBJECTIVES: PROVIDE A SAFE, SECURE, CLEAN, HEALTHY, AND ORDERLY COMMUNITY BY BALANCING THE UTILIZATION OF OPEN SPACE, PARKS, TRAIL FACILITIES, QUALITY JOBS, PUBLIC TRANSPORTATION, AND ADEQUATE INFRASTRUCTURE. Encourage recreational and educational programs for all age groups Preserve natural resources while stimulating technology and promoting commerce Adopt City Ordinances using sound fiscal policy Enhance and revitalize historic areas Provide clear policy direction to City staff in programs and services offered by the City Adopt policies and procedures using legislative action consistent with City goals Encourage local job creation through retention and attraction efforts DEPARTMENT: CITY COUNCIL GOAL 2: OBJECTIVES: ENHANCE COMMUNICATION TO ENSURE THAT CITIZENS ARE WELL INFORMED ON COMMUNITY ISSUES Organize community workshops to assist in developing action plans Maintain regular updates and accessible information on City website Distribute quarterly newsletters to update the community on capital projects, recreational events, and other community items of interest ~' Use City Council meeting intermissions to disseminate community information GOAL 3: OBJECTIVES: IMPROVE THE CITY'S INFLUENCE IN INTERGOVERNMENTAL AFFAIRS AND INTRAGOVERNMENTAL AFFAIRS Lobby State legislators to ensure they support positions that further the City's interest Lobby Federal legislators to obtain funds for the City's transportation systems upgrades Continue City Council member attendance and participation on local, regional, statewide, and national boards and commissions Continue joint meetings with the Temecula Valley Unified School District Board so that the two governing entities are working toward common goals ~' Work closely with City of Temecula Commissions through joint meetings and Commissioner participation during Council meetings Continue to support the Temecula Sister City Association to enhance foreign relations with Temecula's Sister Cities GOAL 4: OBJECTIVES: EFFECTIVELY IMPLEMENT AND ADMINISTER THE GROWTH MANAGEMENT PLAN Work collectively with Riverside County and participate in the Riverside County Integrated Planning (RCIP) process Coordinate efforts with the City of Murrieta, particularly in the areas of traffic circulation and economic development } Meet regularly with Temecula Valley Unified School District on issues of mutual concern and work to develop consensus on solutions ~' Maintain cooperative working relationships with the Pechanga Tribe GOAL 5: TO WORK COLLABORATIVELY WITH THE CITY MANAGER TO ENSURE THAT ALL CITY DEPARTMENTS OPERATE AS SMOOTHLY AND EFFECTIVELY AS POSSIBLE PERFORMANCE MEASURES: Percent of citizen concerns responded to within 5 business days of receipt Number of citizen concern correspondences addressed Number of outside organization meetings Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 95% 95% 95% 95% 350 390 300 350 265 408 270 320 DEPARTMENT: CITY COUNCIL PROGRAM: COMMUNITY SUPPORT MISSION: The Community Support Program is responsible for funding various special programs within the City, such as the Community Services Funding Program, Library funding, and Sister Cities Program. It also funds the Temecula Valley Arts Council and the Temecula Valley Playhouse providing cultural events to the community. 2002 - 2003 ACCOMPLISHMENTS: · SAFE Program housed in the Temecula Community Center GOAL 1: FUND LOCAL NON-PROFIT ORGANIZATIONS WHICH PROVIDE THE CITIZENS OF TEMECULA CULTURAL EVENTS, NEEDED SERVICES, OR EDUCATIONAL SUPPORT FOR THE COMMUNITY PERFORMANCE MEASURES: Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 Number of organizations funded 55 50 Total funding for organizations/community $428,400 $402,727 Number of students funded for exchange trips to 28 0 sister cities 55 55 $407,000 $406,200 20 12 DEPARTMENT: CITY MANAGER CITY MANAGER Shawn D. Nelson ASSISTANT CITY MANAGER James O'Grady ASSISTANT TO THE CITY MANAGEtU HR DIRECTOR Grant Yates GENERAL ADMINISTRATION -- Public Information - Intergovernmental - Public Relations - Animal Control EMERGENCY MANAGEMENT Preparedness - Coordination - Training Emergency Operations Center 1 DEPUTY CITY MANAGER Gar7 Thomhill ECONOMIC DEVELOPMENT HUMAN RESOURCES 1 -- Business Attraction 1 Benefits -- Business Retention}-- Employment -- Marketing [-- Training -- Labor Development ~ Employee Relations DEPARTMENT: CITY MANAGER Program: City Manager Expenditure Sununary Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 405,481 $ 424,937 $ 593,030 $ 649,335 195,342 220,841 251,360 263,510 $ 600,823 $ 645,778 $ 844,390 $ 912,845 Program: Economic Development Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 229,493 $ 240,510 $ 188,310 $ 203,870 499,817 544,307 619,865 555,300 $ 729,310 $ 784,817 $ '808,175 $ 759,170. Program: Human Resources Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 162,328 $ 174,079 $ 228,970 $ 243,230 141,955 198,040 234,188 198,250 $ 304,283. $ 372,119 $ 463,158 $ 441,480 DEPARTMENT: CITY MANAGER Personnel Allocation CITY MANAGER City Manager Assistant to City Manager/HR Director Senior Management Analyst Executive Assistant Administrative Secretary Total Authorized Authorized 2002~03 Changes 2003-04 1.00 0.00 1.00 0.5 0.00 0.5 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 4.50 0.00 4.50 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 ECONOMIC DEVELOPMENT Assistant City Manager Marketing Coordinator Total HUMAN RESOURCES Assistant to the City Manager/HR Director Human Resoumes Analyst Human Resources Specialist Total 0.50 0.00 0.50 1.00 0.00 1.00 1.00 0.00 1.00 2.50 0.00 2.50 Department Total 9.00 0.00 9.00 DEPARTMENT: CITY MANAGER MISSION: PROGRAM: GENERAL ADMINISTRATION The City Manager is appointed by the City Council to serve as the Chief Administrative Officer of the organization. The City Manager's Office coordinates the implementation of policy and programs established by the City Council. The City Manager provides overall direction to the administration of City programs and services; coordinates economic development and marketing activities; inter-governmental relations, lobbying, and public relations efforts; and oversees interdepartmental programs for human resources, strategic planning, emergency preparedness, and animal control. 2002 - 2003 ACCOMPLISHMENTS: · Assisted with the adoption of countywide TUMF fee Actively engaged the county in the RCIP process GOAL 1: OBJECTIVES: COORDINATE THE WORK EFFORTS OF ALL CITY DEPARTMENTS TO ACHIEVE CITY COUNCIL AND COMMUNITY GOALS Conduct weekly staff meetings with all Department Directors to ensure work efforts are effectively coordinated Conduct a Department Director retreat to establish service level and program goals Encourage and provide resources for continued education and staff development Respond to all citizen complaints within a timely manner GOAL 2: OBJECTIVES: COORDINATE AND PROVIDE TIMELY AND ACCURATE INFORMATION TO THE PUBLIC AND MEDIA REGARDING CITY EVENTS AND ACTIVITIES Prepare timely press releases regarding City events and activities Conduct monthly press briefings Continue to have open cormnunication with media regarding City programs GOAL 3: OBJECTIVES: UPHOLD THE CITY'S SUPERIOR LEVEL OF CUSTOMER SERVICE BY PROACTIVELY SUPPORTING EMPLOYEES IN MAINTAINING POSITIVE CITIZEN RELATIONS ~ Provide training to all employees on the importance of positive customer service and public relations efforts ~ Facilitate staff and City Council workshops to obtain public input regarding City projects DEPARTMENT: CITY MANAGER GOAL 4: OBJECTIVES: REPRESENT THE CITY'S INTERESTS IN INTERGOVERNMENTAL AFFAIRS Assign staff resources and coordinate with Riverside County through the Riverside County Integrated Planning process Attend monthly Western Riverside Council of Governments Technical Advisory Committee Meetings Track legislative bills and provide supporffopposition as requested or required Encourage State and Federal legislators to use City Hall as community resoume Encourage department directors or assigned staff to attend relevant intergovernmental meetings and report on pertinent issues PERFORMANCE MEASURES: Number of legislative responses submitted Number of community workshops held Number of community newsletters published Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 25 22 25 30 4 6 4 5 4 3 3 3 DEPARTMENT: CITY MANAGER MISSION: PROGRAM: EMERGENCY MANAGEMENT In case of emergency, the City Manager is the Disaster Director. The mission of this program is to implement, monitor, and coordinate the Standardized Emergency Management System (SEMS) and Emergency Operations Center (EOC). This program also provides overall coordination and training, monitoring the operational readiness within the various sections of the emergency management organizational structure. This program promotes increased preparedness of the City to respond to disasters. 2002 - 2003 ACCOMPLISHMENTS: · Implemented the Temecula Citizen Corps · Received grant funding for the City's Emergency Communicator Program GOAL 1: OBJECTIVES: ENSURE ALL CITY EMPLOYEES ARE ADEQUATELY TRAINED ON HOW TO REACT AND WHAT ROLE TO ASSUME DURING AN EMERGENCY Train employees through the County of Riverside's Planning/Logistics course Continue to work through the emergency management committee to implement the updated Multi-Hazard Function Plan ~' Continue to train employees by simulating actual City disasters GOAL 2: OBJECTIVES: INFORM AND INVOLVE THE COMMUNITY IN THE CITY'S DISASTER PLANS Continue Temecula Citizen Corps training program citywide Develop an annex to our multi-Hazard Function Plan for the Temecula Citizen Corps program Coordinate with the Temecula Citizen Corp program to develop a plan to involve homeowners' associations with disaster preparedness plans PERFORMANCE MEASURES: Number of employees trained in Emergency management courses Number of meetings/training drills held Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 50 20 100 100 20 1 I0 5 DEPARTMENT: CITY MANAGER PROGRAM: ECONOMIC DEVELOPMENT MISSION: The Economic Development Program is responsible for maintaining a sound and diverse economic base for business development and tourism for the City. Working together with the City Council and City Staff, the Economic Development partners have been a key component in Temecula's success. Such groups include the Southwest Riverside County Economic Alliance, Economic Development Corporation of Southwest Riverside County, Temecula Valley Chamber of Commerce, the Inland Empire Economic Partnership, and the Temecula Valley Film Council. Through these professional affiliations many partnerships have been formed, helping to create a healthy economy and enhance the City's exceptional quality of life. 2002 - 2003 ACCOMPLISHMENTS: · Communicator Awards 2002 - Award of Distinction Kosmot Cost of Doing Business Survey - Very Low Cost City California CEO magazine - Top 23 Cities to do Business in (Temecula gl 1) · The Best of 2002 San Diego Editors' Winner for the Best Day Trip Tcmecula Interactive Tourism CD-ROM · Tourism Rack Brochure - updated Tourism Press Kit - updated Temecula Business Brochure - in progress · 2003 Housing Demographic Report Temecula Demographic Marketing Insert - in progress · New Kit Cover - in progress GOAL 1: OBJECTIVES: DEVELOP A STRONG BASE OF CLEAN MANUFACTURING ACTIVITIES, WHICH EMPLOY A SKILLED LABOR FORCE AND CAN BE SUCCESSFULLY INTEGRATED INTO TEMECULA'S COMMUNITY CHARACTER Attract and retain industry that complements Temecula's character and takes advantage of Temecula's location for case of goods movement and corporate mobility Encourage the growth and expansion of existing industry by providing high quality municipal services, facilities, and economic development assistance ~ Maintain a local regulatory environment that is favorable to clean industry Provide technical assistance to industries that may be affected by new regional air quality, water quality, energy, or other regulations DEPARTMENT: CITY MANAGER GOAL 2: OBJECTIVES: DIVERSIFY THE ECONOMIC BASE TO INCLUDE A RANGE OF MANUFACTURING RETAIL AND SERVICE ACTIVITIES AND VINTNERS Provide industrial land uses which facilitate a variety of user types, including high-tech, semi-conductor, technology/manufacturing, biomedicalfbiotech, telecommunications, health, electronics, office, and research and development space Plan for land use and development patterns that allow succession of use and will adapt to Temecula's economic conditions Promote development of property and well-designed commercial centers to meet the diverse service needs of the City ~ Promote retail and other support activities that provide a broader selection of high quality goods and services for residents, workers, and tourists, including apparel, general merchandise, home furnishings, and appliances ~ Use redevelopment powers and opportunities to enhance development opportunities GOAL 3: OBJECTIVES: MAINTAIN AN ECONOMIC BASE TO PROVIDE A SOUND FISCAL FOUNDATION FOR THE CITY AS WELL AS QUALITY COMMUNITY FACILITIES AND HIGH SERVICE LEVELS Encourage a pattern of development that balances revenue generating land uses phased in conjunction with other uses that have negative fiscal impacts Encourage the growth of relocation of industries that generate tax and employment Evaluate fiscal impacts of development on an on-going basis and provide appropriate mitigation strategies Take advantage of Temecula's regional capture of taxable sales and continue to establish Temecula as a retailing center along the IntersUate 15 corridor GOAL 4: OBJECTIVES: ESTABLISH A DIVERSE EDUCATION, TRAINING, AND JOB PLACEMENT SYSTEM, WHICH WILL DEVELOP AND MAINTAIN A HIGH QUALITY WORK FORCE IN TEMECULA Support economic development goals through a range of education and training activities Establish a proactive, periodic dialogue early in the planning process between the City and educational institutions, including school districts and community colleges, on issues related to the phasing of development, service standards, and demands } Explore the potential for a comprehensive extension center of higher education to Temecula ~ Support job placement goals through City website, job databases, local job fairs, and posting systems DEPARTMENT: CITY MANAGER GOAL 5: OBJECTIVES: PROMOTE THE ADVANTAGES TO BUSINESSES LOCATING IN TEMECULA, INCLUDING COST ADVANTAGES, AMENITIES, HOUSING, COMMUNITY ACTIVITIES, AND CIVIC SERVICES Develop and maintain a marketing program to publicize the virtues of Temecula Monitor the economic conditions in Temecula in comparison to other locations in California and throughout the nation to determine relative advantages Track prospects and assist businesses with relocations and expansions Monitor the supply of housing in relation to the supply of jobs in term of balancing area- wide jobs, households, worker earnings, and housing expenses Monitor existing businesses in Temecula, upgrade retention programs, and increase the number of retention visits. ~ Promote the Work Force Development Center in Temecula and manufacturing facility in Hemet to address training needs of both business and the labor pool Enhance the City website to expand economic development information and GIS capabilities GOAL 6: OBJECTIVES: DEVELOP TEMECULA AS A COMPREHENSIVE, RECOGNIZABLE TOURIST DESTINATION, WITH A RANGE OF ATTRACTIONS Increase the number of tourists visiting Temecula and increase attendance at all Temecula special events through a comprehensive marketing program Continue cooperative efforts with the winemaking/growers industry in the Temecula Valley to promote TemecuIa as a prime tourist destination ~ Revitalize and enhance Old Town to expand its role in local tourism and to improve its attractiveness, accessibility, and economic vitality through the development of the Children's Museum and Community Theater ~ Enhance the City's image through development of cultural facilities DEPARTMENT: CITY MANAGER PERFORMANCE MEASURES: Number of alliance inquiries Number of alliance/IEEP leads Number of retention visits Number of Mayor's business roundtables Number of commercial broker workshops Number of trade shows Number of articles in local newsletters Number of resource materials Number of awards Number of resources/event calendars Number of familiarization tours Number of media placements Number of ad placements in publications Number of tourism trade shows Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 3,000 3,500 4,000 4,000 400 300 300 300 60 60 60 60 3 3 3 3 3 3 3 3 10 8 6 8 14 14 14 14 6 8 8 8 0 4 2 2 6 8 7 8 3 3 3 4 20 20 25 25 7 13 13 16 4 4 4 4 DEPARTMENT: CITY MANAGER MISSION: PROGRAM: HUMAN RESOURCES Human Resources is responsible for providing a comprehensive human resources program throughout the City. Responsibilities of Human Resources include the administration of recruitment, selection, equal opportunity, classification, salary, employee benefits, workers' compensation, discipline, training development, employee relations, and development and implementation of administrative guidelines and personnel policies. 2002 - 2003 ACCOMPLISHMENTS: Completed conversion from Eden to Eden InForumGold Crystal Report Training Salary Survey Implementation Successfully negotiated three-year labor contract Development of 1st City Dynamics of Leadership Academy GOAL 1: OBJECTIVES: PROVIDE PROFESSIONAL SUPPORT TO ALL DEPARTMENTS IN THE AREAS OF RECRUITMENT, EMPLOYEE BENEFITS, WORKERS' COMPENSATION, EMPLOYEE DISCIPLINE, AND LABOR RELATIONS Maintain a six-week recruitment processing timeline Administer employee benefit programs to include conducting annual open enrollment and providing input to benefit providers via City benefit committee, comprised of representatives from each City department ~ Meet quarterly with employee Labor/Management Team to discuss areas of mutual interest ~ Maintain City Hall bulletin boards GOAL 2: OBJECTIVES: PROVIDE PROFESSIONAL TRAINING OPPORTUNITIES FOR EMPLOYEES Publish a list of in-house training opportunities as determined by the City Information and Training for You (C.I.T.Y.) committee and safety committee Proactively involve employees in training opportunities, both in-house and outside Facilitate quarterly management training luncheons Provide three training days per year for each City employee Schedule attendance at Supervisor and Management Academies DEPARTMENT: CITY MANAGER GOAL 3: OBJECTIVES: GOAL 4: OBJECTIVES: PROVIDE PROFESSIONAL GUIDANCE AND SUPPORT IN THE AREA OF EMPLOYEE MORALE FOR CITY EMPLOYEES Administer employee recognition program, including quarterly Temecula Pride/Good Deed Award luncheons Promote "My Bright Idea" Program Recognize public safety employees Facilitate and direct Administrative Support Group Facilitate and direct City Information and Training for C.I.T.Y. Committee PROVIDE PROFESSIONAL GUIDANCE AND SUPPORT IN THE AREAS OF WORKERS' COMPENSATION AND SAFETY FOR CITY EMPLOYEES Conduct monthly employee safety meetings to implement the City's injury and illness prevention program Conduct annual fire drills and safety inspections Proactively search for and support ergonomic equipment improvement Promote injury prevention programs Continuous heightening of "Safety First" awareness by offering safety training Administer Tailgate Safety Program Administer Safe Driving Program DEPARTMENT: CITY MANAGER PERFORMANCE MEASURES: Number of recruitments conducted Percent of recruitments within a six-week timeline Number of applications processed Number of employee safety meetings Number of quarterly mid-management meetings Number of training days provided per employee Number of employees receiving recognition awards Number of Temecula Pride luncheons Number of administrative support group meetings Percent of evaluations processed within prescribed timeframes Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 32 38 40 28 99% 75% 99% 99% 1,000 1,298 1,750 1,000 11 11 11 11 4 4 4 4 3 3 3 3 60 160 30 754 4 4 4 4 9 11 9 11 98% 50% 75% 85% DEPARTMENT: CITY ATTORNEY CITY COUNCIL CITY ATTORNEY Peter M. Thorson CITY MANAGER Shawn D. Nelson Program: City Attorney Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 465,624 $ 750,311 $ 790,000 $ 665,000 Total $ 465,624 $ 750,311 $ 790,000 $ 665,000 DEPARTMENT: CITY ATTORNEY MISSION: PROGRAM: CITY ATTORNEY The City Attorney serves as a legal advisor to the City Council, City Manager, and the various City departments, commissions, committees, and boards. The City Attorney prepares and approves for legality the majority of proposed City ordinances, resolutions, contracts, and other legal documents. The City Attorney also represents the City in all litigation. GOAL 1: OBJECTIVES: PROVIDE SOUND LEGAL COUNSEL TO THE CITY COUNCIL, CITY MANAGER, AND CITY STAFF, COMMISSIONS, COMMITTEES, AND BOARDS ON ALL MATTERS CONCERNING THE CITY AND ADMINISTRATION OF CITY POLICY Render legal advice on all City matters to Council and staff in a manner that permits timely and appropriate action Review and advise staff in a timely manner on court decisions and new laws that affect City operations ~ Advise and represent the City on litigation matters in a complete and timely fashion Review all ordinances, resolutions, contracts, and agreements in a complete and timely manner DEPARTMENT: CITY CLERK CITY CLERK/ DIRECTOR OF SUPPORT SERVICES Susan W. Jones DEPUTY DIRECTOR OF SUPPORT SERVICES M cha¢la Ballr¢ich CITY CLERK - Council Support - Elections - Legislative History - Public Information - Records Management SUPPORT [ SERVICES ~ ~:::g ~ ~t esr~rvM:dl sROOm DEPARTMENT: CITY CLERK Program: City Clerk Expenditure Summary Personnel Operations & Maintenance Capital Outlay Total Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 390,171 $ 432,849 $ 552,860 $ 562,440 179,352 265,014 274,130 394,345 22,637 750 $ 569,523 $ 720,500 $ 827,740 $ 956,785 Personnel Allocation City Clerk/Director of Support Services Deputy Director of Support Services Records Coordinator Administrative Secretary Minute Clerk Office Specialist Office Assistant Authorized Authorized 2002-03 Changes 2003-04 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 1.00 ( 1.00) 0.00 Department Total 8.00 (1.00) 7.00 DEPARTMENT: CITY CLERK PROGRAM: CITY CLERK MISSION: To compile and maintain the official records of the City and to make them readily accessible to all; to conduct fair and impartial municipal elections; to prepare, certify and/or adhere to public notice requirements with regard to legal documents, ordinances, resolutions, public hearings, etc.; to codify and disseminate the City's Municipal Code; to promote public awareness of the processes of government; to provide meeting, administrative, and legislative support to the Mayor, City Councilmembers, and its Commissions and Committees. 2002 - 2003 ACCOMPLISHMENTS: Scanned all agendas, minutes, resolutions, and ordinances as adopted Scanned approximately 1,500 large size maps Held and expanded the City's fifth annual Voter registration Drive Provided appropriate support to the City Council, City staff, and the community regarding the timely processing of City documents Expanded notary services to staff and public Developed and updated a Records Retention Schedule Completed the Laser Fiche Web Link and provided public access to public documents via a terminal in the Community Development Lobby Provided information on community events and City events on the local cable television channel to be broadcast during the intermissions at City Council meetings GOAL 1: OBJECTIVES: PROVIDE APPROPRIATE SUPPORT TO THE CITY COUNCIL, CITY STAFF, AND THE COMMUNITY REGARDING THE TIMELY PROCESSING OF CITY DOCUMENTS Prepare and distribute agenda packets to the City Council at least 72 hours prior to all meetings Record, transcribe, and finalize meeting minutes in a timely manner for City Council, Temecula Community Services District, Redevelopment Agency, Temecula Public Financing Agency, Planning Commission, Public/Traffic Safety Commission, Community Services Commission, and the Old Town Local Review Board ~' Provide timely processing of ordinances and resolutions within one week of adoption )~ Process contracts and agreements within ten days of City Council action GOAL 2: OBJECTIVES: ADMINISTER THE 2003 MUNICIPAL ELECTION IN AN EFFICIENT MANNER IN ACCORDANCE WITH ALL CALIFORNIA ELECTION CODES Develop a comprehensive elections manual for all candidates Hold a Voter Registration drive to encourage participation in City elections Post all pertinent information on the City's website in regard to the November 4, 2003 Municipal Election Work with the school district to distribute voter registration material to all 18 year old high school students DEPARTMENT: CITY CLERK GOAL 3: OBJECTIVES: CONTINUE TO ADMINISTER A COMPREHENSIVE RECORDS MANAGEMENT PROGRAM, MAXIMIZING THE OPTIMUM USAGE OF SPACE IN CITY HALL AND FOCUSING ON CUSTOMER SERVICE Continue the scanning of permanent records such as City Council Agendas, minutes, resolutions, ordinances, and agenda packets immediately upon adoption Adopt the newly revised comprehensive City of Temecula Retention Schedule Expand upon customer service by providing opportunities for interaction via the City website for records requests Continue to provide excellent customer service by handling alt records requests within a 10-day period ~ Accelerate scanning of City documents to provide better customer service and easier access to City documents ~' Provide continuing training on the usage of Laser Fiche PERFORMANCE MEASURES: Average time for distribution of Council packets before meetings Average time to finalize meeting minutes Average processing of ordinances and resolutions fi.om time of adoption Number of citizen voter registrations obtained Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 96 hours 95 hours 96 hours 96 hours 4 weeks 4 weeks 4 weeks 4 weeks 6 days 6 days 6 days 6 days 200 225 200 225 DEPARTMENT: FINANCE DIRECTOR OF FINANCE Genie Roberts ASSISTANCE FINANCE DIRECTOR Karen Jester FINANCE OPERATIONS FINANCE MANAGEMENT Gus Papagolos FINANCE SUPPORT SERVICES Capital Improvement -- Program Budget -- Risk Management -- Purchasing -- Business Licensing -- Accounts Payable -- Accounts Receivable -- Payroll __ General Ledger Maintenance -- Operating Budget -- Financial Reporting -- Cash & Investments -- Contract Administration -- Debt Financing -- Community Facilities -- Cashiering -- Grant Administration DEPARTMENT: FINANCE Program: Finance Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 731,933 $ 787,812 $ 988,534 $ 1,135,580 304,573 314,073 496,042 474,460 2,085 23,100 $ 1,036,506 $ 1,103,970 $ 1,507,676 $ 1,610,040 Personnel Allocation Director of Finance Assistant Finance Director Fiscal Services Manager Revenue Manager Senior Accountant Accountant Administrative Secretary Accounting Specialist Purchasing Coordinator Business License Specialist/Cashier Accounting Assistant Authorized Authorized 2002-03 Chanses 2003-04 1.00 0.00 1.00 1.00 0.00 1.00 0.75 0.00 0.75 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.75 0.00 0.75 3.00 0.00 3.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 Department Total 13.50 0.00 13.50 DEPARTMENT: FINANCE MISSION: PROGRAM: FINANCE OPERATIONS AND MANAGEMENT The Finance Operations and Management Program is responsible for managing the City's financial operations in accordance with established fiscal policies. Primary responsibilities include cash and investment management, financial reporting, preparation of the Annual Operating Budget, internal audit, payroll, accounts payable and receivable, financial oversight, and administration of all City funds and accounts. Additionally, the department administers the public safety contracts of police and fire. 2002 - 2003 ACCOMPLISHMENTS: Received awards from the California Society of Municipal Finance Officers (CSMFO) and Government Finance Officers Association (GFOA) for excellence in financial reporting for the City's Comprehensive Annual Financial Report (CAFR) Received awards from CSMFO and GFOA for excellence in operational budgeting for the City's FY 2002-03 Annual Operating Budget Completed implementation and training of personnel on the functions of Human Resources, Fixed Assets and Payroll functions of the Eden InForum Gold accounting software Implemented positive pay down load for added security against check fraud Completed office remodel to improve space utilization and add needed storage capacity GOAL 1: OBJECTIVES: PROVIDE COMPREHENSIVE AND METICULOUS GENERAL ACCOUNTING SYSTEMS TO ENSURE THE CITY OF TEMECULA MAINTAINS A SOUND FINANCIAL CONDITION Manage the investment portfolio with the safety of principal as the primary objective and return on investment as the secondary objective, while maintaining liquidity to meet the City's obligations Provide timely and accurate check runs for accounts payable and processing of payroll Provide timely and accurate financial reports, including the CAFR for the decision makers and operating departments Continue to prepare the CAFR, obtain an unqualified audit opinion, and comply with the CSMFO and GFOA award criteria GOAL 2: OBJECTIVES: PROVIDE A SOUND FINANCIAL PLAN FOR THE CITY THROUGH THE BUDGET PROCESS ~ Continue to utilize the five-year financial plan to determine the future impact of proposed programs and capital improvement projects to ensure long-term fiscal stability Prepare an Annual Operating budget which complies with the CSMFO and GFOA award criteria DEPARTMENT: FINANCE GOAL 3: OBJECTIVES: PROVIDE CONTRACT COORDINATION AND OVERSIGHT OF THE CITY'S POLICE AND FIRE SERVICES CONTRACTS WITH RIVERSIDE COUNTY ~ Negotiate annual service contracts that provide the highest level of service to the City ~ Ensure that police staffing meets the City's goal of one officer per 1,000 citizens PERFORMANCE MEASURES: Percentage of bank reconciliations performed before the close of the subsequent month Invoices processed per year Payroll checks/direct deposits processed per year CSMFO and GFOA award winning CAFR documents prepared with unqualified opinions Management letter comments as a result of City's annual audit CSMFO and GFOA award winning operating budgets prepared Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 100% 100% 100% 100% 13,200 17,113 13,500 14,800 6,000 5,738 5,800 5,850 1 I I 1 0 0 0 0 1 I 1 I DEPARTMENT: FINANCE PROGRAM: FINANCE SUPPORT SERVICES MISSION: The Finance Support Services Program is responsible for the preparation of the Capital Improvement Program (CIP) budget document, risk management, purchasing, business licensing, grant administration, and other Finance Support related projects. 2002 - 2003 ACCOMPLISHMENTS: Received the award for excellence in Capital budgeting from the California Society of Municipal Finance Officers (CSMFO) for 2003-2007 CIP budget Administered 100% reimbursement to developed/undeveloped property owners in the CFD 88-12 assessment district totaling over $2,050,540 including a $798,230 payment to prior year reimbursement Renewed the property insurance policy with a reduced premium from last year Developed a new vehicle safety and maintenance procedural guide for City use GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: GOAL 3: OBJECTIVES: PROVIDE A COMPREHENSIVE CAPITAL IMPROVEMENT PROGRAM FOR THE CITY THROUGH THE CIP BUDGET PROCESS ~ Prepare a CIP budget document in accordance with CSMFO award criteria Work collaboratively with each department and in workshops to ensure completeness and consistency throughout the CIP process in accordance with City Council direction MINIMIZE CITY LIABILITY THROUGH THE PROPER ADMINISTRATION OF THE RISK MANAGEMENT PROGRAM Conduct quarterly and as needed field inspections of right of way and parks with the insurance carrier's loss control administrator Conduct a preliminary review of all claims within 10 calendar days of receipt Actively participate in monthly Safety Committee meetings Update the Risk Management Policy and Safety Manuals ENSURE A CUSTOMER SERVICE ORIENTED PURCHASING OPERATION WHICH PROVIDES SUPPORT FOR ALL CITY PURCHASES Process 90% of all purchase requests within 48 hours of receipt Update the purchasing manual and train City staff on the changes Frequently update and train staff on contract requirements for professional services, maintenance, and construction agreements Assist shaft in the preparation and review of Requests for Proposals (RFP) and Requests for Qualifications (RFQ) DEPARTMENT: FINANCE GOAL 4: OBJECTIVES: PROVIDE AN EFFECTIVE BUSINESS LICENSE PROGRAM WHICH ENCOURAGES 100% PARTICIPATION BY CITY BUSINESSES Process 90% of all new license applications within five working days Process 95% of all business license renewals by February 28th each year Coordinate administrative action with Code Enforcement for businesses that do not have an active Business License Quarterly review business license and sales tax data to identify businesses that do not have a sales permit number PERFORMANCE MEASURES: Number of business licenses issued Percent of business license applications processed within 5 working days Percent of business license renewals processed by February 28th Number of purchase orders processed Percent of purchase orders processed within 48 hours of receipt Percent of claims processed within l0 days of receipt Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 5,800 5,950 6,000 6,400 95% 95% 95% 95% 95% 95% 95% 95% 2,700 2,657 2,800 2,700 98% 98% 98% 98% 100% 100% 100% 100% DEPARTMENT: COMMUNITY DEVELOPMENT DEPUTY ] CITY MANAGER Gary Thomhill CURRENT PLANNING DIRECTOR OF PLANNING Debbie Ubnoske ADVANCE PLANNING [ A D~X~lE~l~ SV i~[ (~E/~fIVE DIRECTOR OF BUILDING & SAFETY Tony EImo t Development Review t Geaeral Plan [--Agency Review Public Information Ordinance Development -- Code Enforcement CEQA Management CEQA Management -- Development Processing -- Public Information fPlan Review Processing Plan Review Permit Issuance Inspection Services DEPUTY DIRECTOR PUBLIC WORKS Ron Parks LAID DEVELOPMENT fPermits Plan Checks Map Recordation Developmenl Inspection Plan Review DEPARTMENT: COMMUNITY DEVELOPMENT Program: Planning * Funding Source: General Fund Expenditure Summar~ Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 1,487,784 $ 1,037,952 $ 2,096,319 $ 2,061,705 553,906 369,778 1,063,986 807,650 20,437 31,110 6,300 500 $ 2,062,127 $ 1,438,840 $ 3,166,605 $ 2,869,855 Personnel Operations & Maintenance Capital Outlay *GIS as o£FY 03-04 will be combined with Information Systems in the Internal Service Fund. Program: Building and Safety Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Personnel $ 1,144,507 $ 1,294,083 $ 1,541,293 $ 1,691,620 Operations & Maintenance 527,754 445,723 643,180 556,085 Capital Outlay 18,219 5,000 $ 1,672,261 $ 1,758,025 $ 2,189,473 $ 2,247,705 Program: Land Development Funding Source: General Fund Actual Actual Budgeted Proposed Expenditure Summary FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Personne! $ 692,060 $ 901,066 $ 1,274,058 $ 1,441,840 Operations & Maintenance 203,724 200,235 323,480 383,285 Capital Outlay 2,882 6,120 $ 898,666. $ 1,101,301 $ 1,603,658 $ 1,825,125 DEPARTMENT: COMMUNITY DEVELOPMENT Personnel Allocation PLANNING Deputy City Manager Director of Planning Principal Planner Senior Planner Senior Management Analyst GIS Administrator Associate Planner Development Processing Coordinator Code Enforcement Officer II Assistant Planner Code Enforcement Officer I GIS Analyst Administrative Secretary Office Specialist Office Assistant Department Total BUILDING & SAFETY Director of Building and Safety Deputy Building Official Senior Building Inspector Plan Checker / Building Inspector Building Inspector II Community Development Technician Administrative Secretary Office Specialist Office Assistant Department Total LAND DEVELOPMENT Director of Public Works/City Engineer Deputy Director of Public Works Principal Engineer Senior Engineer Associate Engineer Special Projects Associate Engineer Senior Public Works Inspector Assistant Engineer Junior Engineer Engineering Tech Public Works Inspector Administrative Secretary Office Specialist Office Assistant Authorized Authorized 2002-03 Changes 2003-04 1.00 0.00 1.00 1.00 0.00 1.00 3.00 0.00 3.00 1.00 0.00 1.00 0.00 0.00 0.00 1.00 (1.00) 0.00 6.00 0.00 6.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 1.00 (1.00) 0.00 1.00 0.00 1.00 2.00 0.00 2.00 2.00 0.00 2.00 24.00 (2.00) 22.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 7.00 0.00 7.00 4.00 0.00 4.00 1.00 0.00 1.00 1.00 0.00 1.00 2.00 0.00 2.00 19.00 0.00 19.00 0.30 0.00 0.30 0.30 0.00 0.30 1.00 (1.00) 0.00 1.00 0.00 1.00 3.00 0.00 3.00 1.00 0.00 1.00 2.00 0.00 2.00 3.00 0.00 3.00 1.00 0.00 1.00 1.00 0.00 1.00 1.50 0.00 1.50 0.25 0.00 0.25 1.00 0.00 1.00 0.33 0.00 0.33 Department Total 16.68 (1.00) 15.68 DEPARTMENT: COMMUNITY DEVELOPMENT MISSION: PROGRAM: CURRENT PLANNING The Current Planning Program provides a variety of planning services to the community, including reviewing and processing of development proposals for conformance with City policies and regulation and implementation of the California Environmental Quality Act (CEQA). In addition, staff provides support to the Planning Commission and City Council and assists the general public and development applicants regarding planning information and application processing. 2002 - 2003 ACCOMPLISHMENTS: · Completed major streamlining of development review process · Updated the application forms and submittal requirements · Continued intensive professional development for the City's Planners GOAL 1: OBJECTIVES: MAINTAIN A HIGH LEVEL OF CUSTOMER SERVICE Implement the revised development process for all new planning applications Track response of customer satisfaction surveys being sent out to applicants Ensure consistency in productivity and efficiency between planning and staff GOAL 2: OBJECTIVES: PROMOTE STAFF CAREER DEVELOPMENT Encourage cross-training between advance/current planners Encourage professional development by giving staff experience in advanced skills needed for career advancement within department ~ Work with staff to prepare professional development plans for personal training GOAL 3: OBJECTIVES: CLARIFY CITY'S DESIGN OBJECTIVES/REVIEW PROCESS TO COMMUNITY ~ Update design guidelines ~ Utilize the City's website as a resource tool PERFORMANCE MEASURES: Number of public hearing cases submitted Number of pre-application meetings scheduled Number of "fast track" projects Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 75 103 80 85 20 8 10 15 2 0 2 2 DEPARTMENT: COMMUNITY DEVELOPMENT MISSION: PROGRAM: ADVANCE PLANNING / SPECIAL PROJECTS The Advance Planning and Special Projects Program is responsible for a variety of long- range planning issues affecting the community, including implementation and maintenance of the City's General Plan; preparation of special land use studies of concern to the City; and maintenance of vital demographic and physical information data. This program provides support services to other departments/agencies, monitors various regional agencies and programs, and develops special projects in response to City Council direction. The purpose of the General Plan is to provide long-term vision and consistency for local development and infrastructure programs. 2002 - 2003 ACCOMPLISHMENTS: Reviewed major County of Riverside development project applications in the sphere of influence and surrounding areas Attended over 100 meetings on regional and County activities that could affect the City and its residents Continued with the process of comprehensively updating the City General Plan, including community outreach and numerous advisory committee meetings Processed 12 environmental reviews for City public works and parks projects Approved four Amendments to the Land Use Element and one Amendment to the Circulation Element Completed the updating of the Housing Element Received State Department of Housing and Community Development approval of the 2000-2005 Housing Element Approved the Roripaugh Ranch Specific Plan GOAL 1: OBJECTIVES: ENSURE THAT CITY INTERESTS ARE REPRESENTED ON VARIOUS REGIONAL AND INTER-JURISTICTIONAL ISSUES Continue to participate, as staff levels permit, in regional planning activities such as the Santa Margarita River Watershed Project, the County Multi-Species Habitat Conservational Program, and regional infrastructure issues ~ Actively participate, as staff levels permit in the various Boards, commission, and committee meetings, workshops and public forums related to the County Integrated Planning and CETAP processes to represent local interests Coordinate, as staff levels permit, all projects and efforts with other agencies, including but not limited to the County of Riverside, the City of Murrieta, the Southern California Association of Governments, Regional Water Quality Control Board, and regional utility agencies DEPARTMENT: COMMUNITY DEVELOPMENT GOAL 2: OBJECTIVES: MAINTAIN AND UPDATE PORTIONS OF THE ADOPTED GENERAL PLAN TO ENSURE THAT THE PLAN CONTINUES TO PROVIDE ACCURATE GUIDANCE AND DIRECTION FOR LOCAL PROGRAMS AND PLANNING ACTIVITIES. Complete the comprehensive update of the General Plan Amend the Development Code as needed to conform with the updated General Plan Process other requested General Plan Amendments in a timely manner Prepare an Annual General Plan Implementation Report following the adoption of the updated General Plan GOAL 3: OBJECTIVES: UNDERTAKE SPECIAL STUDIES AS DIRECTED BY THE CITY COUNCIL OR THE CITY MANAGER'S OFFICE TO ACTIVELY PREPARE FOR THE FUTURE AND TO SATISFY THE COMMUNITY'S SPECIAL PLANNING NEEDS Initiate a City Hall Master Plan Study to proactively address the City's future long-term facility needs Undertake, as staff resources permit, high priority Special Planning Studies, Programs, Ordinances, Information Requests, and amendments ~ Upgrade, as staff resources permit, the Planning Division's web page to provide better information and meet user needs as staff resources permit ~ Investigate open space/habitat opportunities around the City GOAL 4: OBJECTIVES: CONDUCT ENVIRONMENTAL REVIEWS FOR CITY PROJECTS Work, as staff resources permit, with the Community Services and Public Works Departments to ensure compliance with the provisions of the California Environmental Quality Act and the timely approval of all City Projects GOAL 5: OBJECTIVES: OPERATE THE CITYWIDE GEOGRAPHIC INFORMATION SYSTEM (GIS) TO MEET LOCAL DATA AND INFORMATIONAL NEEDS Update the County database and develop additional City data layers to support City Departments and programs (e.g. Planning, Public Works, Economic Development, etc.) and to increase efficiency in providing public information Establish, as staff resources permit, connections between the GIS and other City databases Produce, as staff resources permit, reports and map exhibits for various City Departments in support of their operations and for the community to improve customer service Complete, as staff resources permit, the implementation of Map objects and provide staff training DEPARTMENT: COMMUNITY DEVELOPMENT PROGRAM: CODE ENFORCEMENT/ADMINISTRATIVE SERVICES DIVISION MISSION: The Code Enforcement/Administrative Services Division provides a variety of planning services to the community, including reviewing development proposals, monitoring regional agencies and programs, and coordinating with outside agencies to protect the quality of life within the City of Temecula. In addition, this Division is tasked with implementing and managing an effective code enforcement program. This Division also provides administrative staff support for the Community Development Department and aides in the coordination of development services with the public. 2002 - 2003 ACCOMPLISHMENTS: Represented the City of Temecula at critical Riverside County Integrated Project hearings before the County Board of Supervisors and Planning Commission Completed the review of major County of Riverside development project applications in the City's sphere of influence Successfully completed citywide weed abatement program Secured approximately $16,000 in revenue as a result of Citywide abandoned vehicle abatement efforts Represented the City in numerous Riverside County Integrated Project meetings regarding the County General Plan update, Multi-Species Habitat Plan, and CETAP transportation plan GOAL 1: OBJECTIVES: ENSURE THAT THE CITY'S INTERESTS ARE REPRESENTED ON THE RIVERSIDE COUNTY INTEGRATED PROJECT (RCIP) AND TO MONITOR DEVELOPMENT ACTIVITY ADJACENT TO AND WITHIN THE CITY'S SPHERE OF INFLUENCE Represent the City's interests and continue to participate in the Riverside County Integrated Project, Multi-Species Habitat Conservation Plan, and Community Environmental Transportation Acceptability Process ~ Provide comprehensive research, written comments, and present public testimony of projects and issues within the County of Riverside and numerous agencies and special districts that might affect the quality of life in the City Coordinate inter-governmental relations among the City of Temecula, the County of Riverside, and local jurisdictions GOAL 2: OBJECTIVES: PROVIDE CLERICAL SUPPORT TO THE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING SECTION ~ Ensure that a receptionist is available during all normal business hours at the front counter Have adequate clerical resources to support assigned tasks from the Current, Advanced, and Administrative Planning Divisions DEPARTMENT: COMMUNITY DEVELOPMENT GOAL 3: OBJECTIVES: ENSURE THAT ALL DEPARTMENT EMPLOYEES ARE ADEQUATELY TRAINED FOR THEIR RESPECTIVE TASKS ~ Coordinate with Human Resources to provide necessary training for professional and clerical staff Develop and provide training sessions on current topics specifically tailored for Planning Department employees GOAL 4: OBJECTIVES: PROVIDE ASSISTANCE FOR SPECIAL PROJECTS AS REQUESTED BY THE CITY COUNCIL OR CITY MANAGER'S OFFICE Carry out additional special study requests as directed by the City Manager or Deputy City Manager GOAL 5: OBJECTIVES: PRODUCE A COMPREHENSIVE AND SOUND BUDGET FOR THE COMMUNITY DEVELOPMENT DEPARTMENT ~ Prepare an annual operating budget that complies with the requirements of the Finance Department Monitor the budget on a bi-weekly basis to track expenditures for conformance with allocated funds GOAL 6: OBJECTIVES: ENSURE A SAFE, DECENT, AND ATTRACTIVE ENVIRONMENT FOR RESIDENTS, BUSINESSES, AND VISITORS. ~ Maintain a three-day response time for addressing citizen-generated concerns on housing, health and safety, land use. public nuisance, animal control, and vector control matters ~ Contact reporting party at the close of each case GOAL 7: OBJECTIVES: PROVIDE AN EFFECTIVE CITYWIDE WEED ABATEMENT PROGRAM ~' Manage the commencement of annual weed abatement activities Citywide by May I and complete program activities in a timely manner Monitor the completion of weed abatement activities and obtain City Council confirmation of abatement cost assessments for timely recording on the following year's property tax rolls DEPARTMENT: COMMUNITY DEVELOPMENT GOAL 8: OBJECTIVES: GOAL OBJECTIVES: GOAL 10: OBJECTIVES: PROVIDE RESPONSIVE ASSISTANCE TO THE PUBLIC ~' Ensure Code Enforcement Officers are allocated time to respond to public inquiries ~ Ensure information on land use and code enforcement is available to the public MAINTAIN A RESPONSIVE PROGRAM FOR CONTROL OF VECTOR NUISANCES ~ Provide resource information to public within 24 hours of receipt for all citizen concerns UTILIZE ELECTRONIC MEDIA TO PROVIDE EFFICIENT USE OF MANPOWER Initiate a program to reduce the amount of manual data input into the Code Enforcement Complaint Management Activity System PERFORMANCE MEASURES: Code Enforcement concerns responded to within three working days Percent of complaints contacted at the close of cases Percent of weed abatement activities commenced by May I Percent of resource information made available to the public within 24 hours Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 2,342 2,602 2,568 2,815 100% 100% 100% 100% 100% 100% 100% 100% 100% 99% 100% 100% DEPARTMENT: COMMUNITY DEVELOPMENT MISSION: PROGRAM: BUILDING SERVICES The Building Services Program is responsible for enforcing and interpreting the City's Building and Safety Codes; performing plan checks on construction documentation to ensure the project proposals meet City codes; processing plans for review by other agencies of City department; issuing building permits; and completing final inspections and issuing certificates of occupancy. The program also performs special inspections; implements certain state laws such as the California Disabled Access Regulations; updates Building and Fire Codes required by the State of California; provides guidance to the general pubic and development community regarding the California and City Building Codes and project applications; and completes inspections of private development projects and construction outside the public right-of-way exclusive of capital projects. 2002 - 2003 ACCOMPLISHMENTS: Nominated for CALBO Building Department of the Year for the second year Developed a shell building along with complete Building Plan Check Application Criteria Continued to electronically copy building archives Developed Joint Fire and Building inspector training Developed a program for managing permit expirations GOAL 1: OBJECTIVES: PROVIDE COMPREHENSIVE BUILDING AND FIRE DEPARTMENT PLAN REVIEW FOR COMPLIANCE WITH FEDERAL, STATE, AND LOCAL MANDATED BUILDING RELATED CODES FOR ALL NEW AND REMODEL PERMIT APPLICATIONS Provide initial plan review comments and conditions within 10 - 12 working days from the date of submittal ~' Provide complete in-house plan review on minor tenant improvements, non-structural additional and remodel permit applications P Provide review of resubmitted plans in a 5 - 7 working day period GOAL 2: OBJECTIVES: ENSURE THE TIMELY ISSUANCE OF BUILDING CONSTRUCTION PERMITS Enhance the City's permit issuance and tracking software by implementing workflow to increase efficiency in the processing and issuing of building related permits } Utilize new software to increase efficiency in departmental communication network to obtain final approval for building permit issuance ~' Increase efficiency at counter by processing multiple permits DEPARTMENT: COMMUNITY DEVELOPMENT GOAL 3: OBJECTIVES: GOAL 4: OBJECTIVES: PERFORM EFFICIENT AND TIMELY BUILDING INSPECTIONS FOR ALL TYPES OF BUILDING CONSTRUCTION WITHIN THE CITY Respond to inspection requests within 24 hours of receipt Create inspection teams to increase inspection efficiency and decrease travel time Perform unrequested inspections for builders/developers as time allows Utilize appointments for the issuance of tract and multiple permits PROVIDE RESPONSIVE ASSISTANCE TO THE PUBLIC Provide construction related information as an "over-the-counter" service to the public Ensure inspectors have time allocated to respond to customer questions Provide informational site inspections to homeowners performing home projects Conduct bi-annual workshops for active developers within the City of Temecula Maintain inventory of construction standard handouts and code documents for the public Address customer concerns and complaints within three days of receipt Develop information for a "How To" series of hand-outs for use by homeowners for home improvement projects Increase quantity and quality of information available to homeowners on the City's website DEPARTMENT: COMMUNITY DEVELOPMENT PERFORMANCE MEASURES: Percent of initial plan reviews within 12 working days Percent of residential plan re-reviews within 5 - 7 working days Percent of commercial plan re-reviews within 7 - 10 working days Building related permits issued Percent of combination building inspections performed within 24 hours Combination building inspections performed Number of unrequested "bonus" inspections performed Number of Certificate of Occupancy inspections performed Number of workshops provided for active developers within the City Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 100% 100% 98% 100% 100% 100% 98% 100% 100% 100% 98% 100% 3,014 3,000 3,000 4,000 100% 100% 100% 100% 45,505 50,000 50,000 60,000 2,533 1,000 500 1500 165 120 193 225 2 3 3 3 DEPARTMENT: COMMUNITY DEVELOPMENT PROGRAM: LAND DEVELOPMENT MISSION: The Land Development Division provides for the review and engineering approvals of all private development and subdivisions within the City to ensure compliance with the subdivision map act, NPDES, FEMA, City codes, ordinances, and policies. 2002 - 2003 ACCOMPLISHMENTS: Reviewed and processed residential and commercial developments including subdivision maps, boundary adjustments, encroachment permits, grading permits, street improvements, and provided related field inspections Reviewed and conditioned major projects including Roripaugh Specific Plan, Wolf Creek Specific Plan - Phase I, Harveston Specific Plan - Phase 2, and Temecula Creek Villages Processed and inspected rough grading for Crowne Hill, Harveston, Paseo Del Sol, Temecula Creek Villages, and many custom residential lots Completed image scanning of recorded tracts, parcel maps and survey records into LaserFiche. Continued scanning improvement plans into LaserFiche. All scanned images are available to City staff via intranet Inspected all construction sites for NPDES compliance. Issued enforcement actions & coordinated with San Diego WQB to insure public safety and MS4 Permit compliance. Developed prioritized list of commercial and industrial facilities GOAL 1: OBJECTIVES: PROPERLY ADMINSTER THE LAND DEVELOPMENT PROGRAM TO ENSURE COMPLIANCE WITH LOCAL, STATE, AND FEDERAL MANDATES Ensure special design and construction projects are completed within specified time frames Respond to other agency inquiries in a timely manner Ensure construction compliance for land development projects throughout the conununity Implement review and oversight of NPDES program Implement review and oversight of FEMA program Implement Assessment District Engineering Program GOAL 2: OBJECTIVES: PROVIDE PUBLIC ASSISTANCE AND EXCEPTIONAL CUSTOMER SERVICE THROUGHOUT COUNTER DUTY, TELEPHONE, AND FIELD INSPECTIONS Ensure that all inquiries and inspections are satisfactorily completed in a helpful and expeditious manner ~ Complete cataloguing of all Engineering plans to LaserFiche for easier and improved accessibility to these documents ~ Tie City/County Benchmark Log to GIS for easy reference DEPARTMENT: COMMUNITY DEVELOPMENT GOAL 3: OBJECTIVES: ENSURE ALL DEPARTMENT EMPLOYEES ARE TRAINED FOR THEIR RESPECTIVE TASKS ~ Provide a challenging work environment where staff have opportunities for career development through training and education ~ Provide effective leadership with open lines of communication among all divisions PERFORMANCE MEASURES: First plan check turnaround time Subsequent plan checks turnaround time Map changes turnaround time Development review turnaround time Use permits turnaround time Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 3 weeks 3 weeks 3 weeks 3 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 2 weeks 1 week I week I week I week DEPARTMENT: PUBLIC WORKS DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER Bill Hughes MAINTENANCE OF PUBLIC WORKS Ron Parks TRAFFIC ENGINEERING ADMINISTRATION SPECIAL PROJECTS - Signing/Striping Tree Trimming ·Wccd Abatement . Drainage Channels/ Catch Basins - Special Events - Graffiti Removal - Public Service Requests --Traffic Commission --Traffic Census --Traffic Device Inventory --Speed Surveys --Traffic Signal Maintenance --Traffic Signal Timing -- City/Council Committees -- FEMA Projects -- Non-CIP Design Projects --AssessmenffCIP Districts -- Development Review -- Other Agency Review -- Traffic Analysis Investigation --Public Service Requests -- Project Development /Permits -- Grant Application ~Plan Checks -- Plans & Specifications Map Recordation --Public Bidding Development Inspection --Construction Management --Construction Inspection *Detail information for the Land Developmen! program is included in the Community Development Department. Program: Public Works DEPARTMENT: PUBLIC WORKS Funding Source: General Fund Expenditure Summary Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 949,605 $ 1,000,823 $ 1,468,222 $ 1,617.845 1,986,332 2,548,008 3,602,231 3,234,005 66,431 132,551 8,814 22,210. $ 3,002,368 $ 3,681,382 $ 5,079,267 $ 4.874,060 Personnel Operations & Maintenance Capital Outlay Program: CIP Administration Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 1,017,671 $ 1,100,866 $ 1,469,083 $ 1,739,495 259,880 234,590 409,143 350,140 5,107 17,550 4,000 $ 1,282,658 $ 1.335,456 $ 1,895,776. $ 2,093,635 DEPARTMENT: PUBLIC WORKS Personnel Allocation PUBLIC WORKS Director of Public Works/City Engineer Deputy Director of Public Works Principal Engineer Senior Engineer Associate Engineer Maintenance Superintendent Assistant Engineer Junior Engineer Maintenance Supervisor Management Analyst Landscape Inspector Administrative Secretary Senior Signal Technician Lead Maintenance Worker Maintenance Worker Office Specialist Office Assistant Total Authorized Authorized 2002-03 Changes 2003-04 0.40 0.00 0.40 0.40 0.00 0.40 0.00 1.00 1.00 1.00 (1.00) 0.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.50 0.50 1.00 0.00 1.00 0.50 0.00 0.50 0.25 0.00 0.25 0.50 0.00 0.50 0.00 1.00 1.00 4.00 0.00 4.00 5.00 0.00 5.00 1.00 0.00 1.00 1.33 0.00 1.33 18.38 1.50 19.88 PUBLIC WORKS - CIP ADMINISTRATION Director of Public Works/City Engineer Deputy Director of Public Works Principal Engineer Senior Engineer Associate Engineer Property Agent Senior Public Works Inspector Assistant Engineer Management Analyst CIP Specialist Public Works Inspector Administrative Secretary Office Specialist Office Assistant Total 0.30 0.00 0.30 0.30 0.00 0.30 2.00 0.00 2.00 1.00 0.00 1.00 3.00 1.00 4.00 1.00 0.00 1.00 2.00 0.00 2.00 3.00 0.00 3.00 0.50 0.00 0.50 0.75 0.00 0.75 0.50 0.00 0.50 0.25 0.00 0.25 1.00 0.00 1.00 0.34 0.00 0.34 15.94 1.00 16.94 Dpartment Total 34.32 2.50 36.82 DEPARTMENT: PUBLIC WORKS PROGRAM: MAINTENANCE MISSION: The Maintenance Program within the Public Works Department is responsible for all maintenance activities associated with the City's streets, drainage facilities, traffic control devices, street trees and parkways, graffiti removal, weed abatement, stenciling/striping, Pavement Management System, pothole patching, and service order requests. 2002 - 2003 ACCOMPLISHMENTS: Planted 532 new street trees through the "Trees for Temecula" program Provided support to numerous City sponsored events, including holiday parades, Rod Run events, Race for the Cure, Old Town Events, and the Balloon & Wine Festival Provided emergency response for Police, Fire, and utility company emergencies through its after hours call-out program Maintained 375 miles of public right-of-way, including related drainage systems, tree trimming, graffiti removal, and weed abatement Continued to provide proactive and responsive citywide maintenance and emergency response program to facilitate the growing needs of the community GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: PROVIDE A COMPREHENSIVE MAINTENACE PROGRAM FOR THE COMMUNITY Respond to all service order requests within a 24-hour period Ensure service requests requiring emergency repairs are completed within 48 hours Remove graffiti within a 24-hour period Implement a Pavement Management System that addresses a minimum of 85% of all pavement projects Routinely re-stencil Citywide legends Continue improvement of routing and major maintenance programs PROMOTE EMPLOYEE DEVELOPMENT, PARTICIPATION, AND INITIATIVE Continue to encourage staff to increase their education level and job knowledge by attending necessary training courses ~ Upgrade response and field procedures for emergency situations such as accidents, floods, wind, etc. Continue to instruct staff in the advancement of new and improved methods of maintaining and repairing roads as they become available DEPARTMENT: PUBLIC WORKS PERFORMANCE MEASURES: Number of service order responses Number of legends stenciled Number of street signs replaced Square feet of graffiti removed Square feet of sidewalks/curb and gutters repaired Miles of City streets slurry sealed Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 2,000 400 1,500 500 7,700 2,500 6,000 3,000 500 844 500 500 25,000 28,092 28,000 30,000 20,000 15,000 20,000 20,000 18 18 18 i8 DEPARTMENT: PUBLIC WORKS MISSION: PROGRAM: TRAFFIC ENGINEERING The Traffic Engineering Program is responsible for all daily traffic related operations and safety issues as well as future transportation planning and circulation management plans. This program is responsible for the collection and analyses of traffic volumes, accident reports, speed studies, traffic device inventories, maintenance and timing of existing traffic signals, and establishing future traffic signal priorities. 2002 - 2003 ACCOMPLISHMENTS: · Completed installation of closed traffic cameras and Traffic Operation Center in City Hall Conducted approximately 70 citizen-generated traffic investigations, resulting in 65 work orders to address concerns · Managed the Traffic Census Program at approximately 121 traffic monitoring locations to determine Level of Service (LOS) and develop growth management strategies · Installed pedestrian improvements at several major intersections to ensure optimal circulation and safety Reviewed approximately 1,237 plan submittals for construction projects and traffic control plans within a 5- to 10- day turnaround period · Revised traffic signal timing at major intersections to optimize circulation and reduce congestion Implemented geometric changes and installed traffic signals at various intersections to mitigate congestion and improve safety Revised signal timing at Winchester Road and State Route 79 South to optimize circulation and reduce congestion along both corridors Provided technical assistance with several special events to enhance safety and traffic circulation GOAL 1: OBJECTIVES: EXPAND THE CITY'S INTELLIGENT TRANSPORTATION SYSTEM (ITS) NETWORK ~ Continue to expand the City's ITS network by installing additional cameras to monitor traffic conditions and traffic signal operation on the City's major arterials Continue to expand the City's traffic signal interconnect system to improve traffic circulation along major arterials throughout the City GOAL 2: OBJECTIVES: DEVELOP INCIDENT MANAGEMENT PLAN ~' Develop traffic signal timing plans for arterial corridors that will respond to congested arterials Coordinate the development of the plan with Caltrans, Temecula Police Department, and other affected agencies DEPARTMENT: PUBLIC WORKS GOAL 3: OBJECTIVES: PROACTIVELY MITIGATE POTENTIAL TRAFFIC CIRCULATION ISSUES Enhance the responsiveness to traffic congestion Monitor City's intersections during peak hours and respond to congestion issues in a timely manner in cooperation with Caltrans Review/monitor activities and special events to ensure that adequate mitigation measures are provided GOAL 4: OBJECTIVES: ENSURE OPTIMAL TRAFFIC CIRCULATION THROUGHOUT THE CITY THROUGH PROPER MAINTENANCE OF STREETS AND TRAFFIC SIGNALS AND MONITOR CONDITIONS TO IDENTIFY AREAS OF CONCERN Conduct timely investigation of traffic incidents to identify preventative measures Maintain the Citywide traffic census program to monitor traffic circulation patterns and develop growth management strategies ~' Timely review of all construction plans to ensure compliance Maintain the City's Traffic Signal System to ensure that traffic signals and synchronization systems are properly operating and providing optimum circulation. Develop and implement traffic signal coordination timing plans as necessary to ensure progression along the City' major arterials PERFORMANCE MEASURES: Days to complete traffic investigations Traffic signals reviewed for timing Days to complete plan reviews Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 10 8 10 10 100% 100% 100% 100% 10 5 10 10 DEPARTMENT: PUBLIC WORKS MISSION: PROGRAM: ADMINISTRATION AND SPECIAL PROJECTS The Administration and Special Projects Program is responsible for providing coordination with other agencies and organizations involved in transportation, flood control, sanitary sewer, and water distribution. This Division represents the City at technical advisory committee meetings involving the Riverside County Transportation Commission and the Western Riverside Council of Governments on issues concerning federal funding, air quality, and congestion management. Additionally, the Division is involved in the Water Planning Task Force, various Santa Margarita Watershed groups, and the Joint Temecula/Murrieta Traffic Committee. The Division also tracks Division budget and coordinates all programs within the Public Works Department. 2002 - 2003 ACCOMPLISHMENTS: · Received the Caltrans "Excellence in Transportation" award for the Overland Bridge Project · Obtained $108,000 in California Energy Commission funding to install battery backup systems for designated LED signalized traffic systems · Received $198,000 from the Riverside Transportation Agency to provide upgraded bus shelters throughout the City Updated the City's Disadvantaged Business Enterprise Program (DBE) pursuant to Federal Department of Transportation Regulations · Coordinated the implementation of the City's Transportation Uniform Mitigation Fee (TUMF) program GOAL 1: OBJECTIVES: PROVIDE A CENTRALIZED SUPPORT CENTER TO ENSURE THE EFFICIENT ADMINISTRATION OF ALL PUBLIC WORKS FUNCTIONS Ensure all Public Works divisions comply with the adopted Annual Operating Budget by tracking all purchase orders and expenditure reports Process timely requests for information and/or Public Works inquiries within 72 hours Evaluate program policies and procedures to ensure operational plan meets stated goals Complete the City's Grading and Erosion Control Ordinance GOAL 2: OBJECTIVES: MAINTAIN ACTIVE PARTICIPATION IN REGIONAL GROUPS TO ENSURE COMPLIANCE WITH FEDERAL AND STATE MANDATES Attend monthly Riverside County Transportation Technical Advisory Committee and Western Regional Council of Governments Technical Advisory Committee to ensure participation in all federal grant programs Coordinate with the Regional Transportation Improvement Program (RTIP) in the administration of RTIP funding for Public Works projects ~ Communicate with federal agencies to ensure conformance with federally mandated regional policies ~ Meet with City of Murrieta to coordinate traffic issues DEPARTMENT: PUBLIC WORKS PROGRAM: CAPITAL IMPROVEMENT PROGRAM ADMINISTRATION MISSION: The Capital Improvement Program will implement the City's Capital Improvement Projects at the scheduled time, within the approved budget, and with minimal disruptions and inconvenience to the residents of Temecula and the public at large. 2002 - 2003 ACCOMPLISHMENTS: Completed the Chapparal High School Swimming Pool Project · Received approval of the Project Study Report for the French Valley Parkway/I-15 Interchange · Completed the Pechanga Parkway, Phase I Project (provided two lanes in each direction) Completed the Mary Philips Senior Center Expansion Completed a major Pavement Rehabilitation Program Project on Rancho California Road · Updated the Pavement Management System Program · Completed other projects, such as Slurry Seal, AC Repairs, Rancho Vista Drainage. and City Hall Emergency Generator GOAL 1: OBJECTIVES: PROVIDE TIMELY DESIGN AND CONSTRUCTION OF CIRCULATION, INFRASTRUCTURE, COMMUNITY SERVICES AND REDEVELOPMENT AGENCY PROJECTS, AS IDENTIFIED IN THE CITY'S ADOPTED CAPITAL IMPROVEMENT PROGRAM } Annually update the Capital Improvement Program, including a comprehensive review of projects, initial cost estimates based on available and projected revenues, project timeliness, and project prioritization Design and construct proposed projects within funding and time guidelines as set forth in the Capital Improvement Program document GOAL 2: OBJECTIVES: PROVIDE A TURNKEY CONTRACT MANAGEMENT OPERATION, FROM PREPARING REQUESTS FOR PROPOSALS TO CONTRACT CLOSEOUT Ensure timely and thorough project initiation, design, and complete all associated tasks Ensure compliance with all requirements of the public bidding process Provide timely review of plans and specifications Maintain communication with all parties involved in Public Works projects Provide timely and thorough inspections of construction projects GOAL 3: OBJECTIVES: PROVIDE EXCELLENCE IN CONTRACT MANAGEMENT OPERATION FROM PLANNING TO CONTRACT CLOSEOUT FOR ALL CITY CIP PROJECTS Coordinate with other city departments, such as the Temecula Community Services Department (TCSD) and the Redevelopment Agency (RDA), on projects initiated by them from the beginning of each project to its conclusion to ensure a seamless process ~ Provide accurate and timely coordination while developing and implementing the City's Capital Improvement Program )~ Improve citizen satisfaction with construction impacts DEPARTMENT: PI)BLICWORKS GOAL 4: OBJECTIVES: TABULATE ACCURATE HOURS FOR CAPITAL IMPROVEMENT PROJECTS TO PROPERLY REFLECT ACTUAL STAFFING RESOURCES UTILIZED Appropriate adequate funds for City staff administration of projects in the new CIP budget Continue using the Work Hours form Continue tabulating appropriate hours for the engineers and charge it to the corresponding project budget GOAL 5: OBJECTIVES: COORDINATE, DEVELOP, AND IMPLEMENT THE CITY'S CAPITAL IMPROVEMENT PLAN ON SCHEDULE AND WITHIN BUDGET Develop accurate estimates of capital improvement projects Develop realistic schedules for capital improvement projects using Microsoft Projects software Implement measures to keep budget and schedule in tine. These measures include the preparation of monthly Work Progress Sheets by all CIP staff, preparation of the Monthly Activity Reports, and holding individual status meetings between the Principal Engineers and each engineer PERFORMANCE MEASURES: Total capital project costs incurred Percent of projects completed under budget Percent of projects completed on schedule Percent completed project budget expended for project administration Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 45,000,000 25,000,000 35,000,000 25,000,000 95% 80% 95% 95% 95% 80% 95% 95% 10% 9% 12% 12% DEPARTMENT: POLICE POLICE CHIEF Jim Domenoe POLICE LIEUTENANT Darry Birney Investigations and Administration fDetectives Volunteers Suppo POLICE LIEUTENANT Christopher Davis Patrol ] Services tPatrol Officers ~-o9mOn futile; Servics Officers POLICE LIEUTENANT John Pingel Special Teams and Traffic Team -- Crime Prevention Unit -- School Resoume Unit -- POP Teams/Satellite Offices -- Special Enfomement Team -- Traffic Enforcement -- Special Event Planning -- Accident Investigations Program: Police Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: Actual Actual FY 2000-01 FY 2001-02 $ 16,869 $ 16,204 6,734,145 8,410,402 44,313 152,349 General Fund Budgeted Proposed FY 2002-03 FY 2003-04 $ 25,900 $ 26,090 9,738,238 11,164,170 217,072 59,000. $ 6,795,327 $ 8,578,955 $ 9,981,210 $11,249,260 DEPARTMENT: POLICE MISSION: PROGRAM: POLICE ADMINISTRATION The City contracts with the Riverside County Sheriff's Department for police services. The Police Administration Program is responsible for providing leadership, direction and general administrative support required for effective and efficient law enforcement. The program also includes budget coordination and management, personnel and payroll administration, planning, organizational development and community support. Additionally, this program ensures cooperation between the Police Department and the City Manager, other departments, and City Council. The Police Administration Program is also responsible for overseeing volunteer support services, with an emphasis on office and logistics support. 2002 - 2003 ACCOMPLISHMENTS: Introduced the Community Action Patrol Program Initiated formation of the Temecula Citizen Corps Program Added patrol personnel to support needs of a growing community Added a sergeant to police administration to assist in effective and efficient management of police department GOAL 1: OBJECTIVES: PROVIDE A COMPREHENSIVE LAW ENFORCEMENT PROGRAM TO ENSURE A SAFE ENVIRONMENT FOR TEMECULA'S RESIDENTS Conduct ongoing recruitment of volunteers for the Police Department to support administrative operations, logistics program, juvenile court program, and to assist law enforcement personnel at community events throughout the year ~ Ensure officer compliance with mandated training as directed by California P.O.S.T ~' Provide Police Department representation at appropriate meetings PERFORMANCE MEASURES: Number of volunteers recruited P.O.S.T. Training Compliance Percent of City Council and Traffic/Public Safety Commission meetings attended Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 25 25 25 35 100% 100% 100% 100% 100% i00% 100% 100% MISSION: DEPARTMENT: POLICE PROGRAM: PATROL SERVICES The Patrol Services Program provides first responders to law enforcement related public safety requests. The program is divided into three areas: General Patrol, Traffic Services, and Special Teams. Patrol Officers are responsible for maintaining safety and order in the community. Patrol staff is involved in focused efforts to reduce crime, which includes general patrol, the utilization of a Police Service Dog, bicycle patrol, and foot patrol. A part of this component also includes Community Service Officers. 2002 - 2003 ACCOMPLISHMENTS: · Continued to conduct proactive patrol to address specific crime issues · Continued to respond to requests by the community for information and services Continued to develop community policing techniques across the community Continued to provide foot and bicycle patrol to specific regions in the City of Temecula Continued to provide extra enforcement during special events · Continued to utilize creative enforcement techniques for special programs Continued to educate the public regarding police issues and programs GOAL 1: OBJECTIVES: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCEMENT IN THE COMMUNITY Consistently maintain a visible and proactive law enforcement pro~-am Respond to calls for service in a timely manner Enforce laws and ordinances to ensure public safety PERFORMANCE MEASURES: Number of general patrol officer hours provided per day Response time for Priority 1 calls Response time for Priority 2 calls Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04. 136.5 136.5 136.5 136.5 5.8 minutes 6.7 minutes 6.0 minutes 6.0 minutes 7.1 minutes 11.7 minutes 9.0 minutes 9.0 minutes DEPARTMENT: POLICE MISSION: PROGRAM: SPECIAL TEAMS The Special Teams Program provides a focused, cooperative effort to reduce crime by utilizing the full resources of the community to address the problem. This program encompasses the Community Orientated Policing philosophy. Its proactive target areas include crime reduction in multi-housing areas, street level narcotic enforcement, off- road vehicle programs, anti-graffiti programs, and juvenile offender programs. These units work with community, county, and allied agencies to assist them in a long term approach to solving crime through educational programs and enforcement. 2002 - 2003 ACCOMPLISHMENTS: Implemented Promenade Mall police public information booth · Added an officer to regional drug task force (Southwest Corridor Task Force) to assist in the reduction of narcotics related activities in Temecula Continued working established programs with existing special teams Continued to enhance working relationship between SROs and TVUSD Continued to work with great success in fostering a multi-agency approach to solving juvenile crime and delinquency through the JOLT Program · Continued to work with "at risk" youth through JOLT Program Worked special holiday shopper program at the Promenade Mall and other retail areas that greatly reduced typical holiday season crime sprees by opportunistic criminals · Continued to enhance public relations by offering special activities and events to the community, such as the "Bicycle Rodeo" and the support of "Safetytown" · Implemented a narcotic search warrant program that resulted in the recovery of contraband and additional arrests Continued to actively work with the business community and provide educational seminars that assist in preventing crime · Continued to actively work with the business community policing, such as the off-road vehicle program GOAL 1: OBJECTIVES: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCMENT IN THE COMMUNITY Conduct proactive enforcement in identified target areas for specific crime problems and/ or traffic enforcement issues to include special teams and traffic team personnel Provide public education in crime prevention, traffic education, and public safety matters Provide intervention and diversion programs focused on reducing juvenile crime Continue to enhance community relations by offering and promoting activities that provide needed services, educate the public about safety issues and increase communication between the police department and the community. DEPARTMENT: POLICE PERFORMANCE MEASURES: Number of special programs implemented Number of programs conducted Number of crime prevention workshops Number of security survey conducted Number of businesses visited Number of businesses visited for follow-up Number of business watch articles prepared Hours dedicated to graffiti prevention Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 112 150 140 150 172 180 192 192 28 41 50 50 200 245 225 250 250 270 325 300 200 232 300 250 12 12 12 12 400 600 400 600 DEPARTMENT: POLICE MISSION: PROGRAM: INVESTIGATIONS BUREAU The Investigations Bureau conducts follow-up investigation of initial reports handled by Patrol Services. The Investigations Bureau is comprised of a Crimes Against Property Division and a Crimes Against Persons Division. Investigators from either division may also be utilized at times to initiate and complete investigations that are high profile in nature, in order to speed up the investigative process, and provide a single source contact for victims and prosecutors. The Investigations Bureau's focus is to take initial investigations conducted by Patrol Services and complete the necessary steps that cannot be completed by a field officer, due to time and resources, to ensure the identity and successful prosecution of criminal offenders. 2002 - 2003 ACCOMPLISHMENTS: · Added one detective position to assist in the investigation of criminal cases · Investigated a high profile vandalism case that resulted in the apprehension and conviction of three suspects · Investigated several high profile cases including a major bank robbery which resulted in the recovery of money and the arrest of three suspects GOAL 1: OBJECTIVES: PROVIDE EFFECTIVE AND EFFICIENT INVESTIGATION OF CRIMINAL VIOLATIONS Contact victims of crimes in a timely manner Attempt to identify and arrest suspected violators in criminal incidents Conduct Community Training Seminars to maintain open communication between members of the business community and provide awareness of current crime trends and prevention strategies Act as a liaison between the District Attorney's office and victim(s) to ensure successful prosecution PERFORMANCE MEASURES: Case ciosure rate Open case average per detective Number of community seminars conducted Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 67% 68% 67% 69% 22 22 22 22 6 6 8 7 DEPARTMENT: POLICE MISSION: PROGRAM: TRAFFIC TEAM The Traffic Services Team provides enhanced enforcement of traffic laws, issuance of citations, and collision investigations throughout the City of Temecula. Collision investigations range from non-injury to fatal and involve the use of accident reconstruction investigators. The officers assigned to the team are highly trained in the use of radar, accident investigation, and the detection of drivers under the influence of narcotics or alcohol through the use of high profile enforcement techniques and public education. The team also conducts monthly sobriety checkpoints referred to as operation ERACIT? (Enforce Responsible Alcohol Consumption in Temecula). This program also focuses on various alcohol-related offenses involving minors. 2002 - 2003 ACCOMPLISHMENTS: Added two additional motorcycle officers Added one traffic accident investigation unit Added one Community Service Officer to traffic unit Purchased updated equipment with Office of Traffic Safety Grant Funds Provided additional DUI enforcement on weekends using OTS Grant Funds GOAL 1: OBJECTIVES: ENSURE EFFECTIVE AND EFFICIENT LAW ENFORCMENT IN THE COMMUNITY Conduct proactive enforcement in identified target areas for specific traffic enforcement issues Reduce the number of injury traffic collisions through enforcement and public education in traffic, pedestrian, and bicycle safety ~ Provide traffic control measures to ensure public safety and orderly traffic flow at special events within the City Reduce the number of DUI related traffic collisions through directed enforcement and public education PERFORMANCE MEASURES: Number of citations issued for hazardous violations Number of DUI arrests Number of ERACIT Checkpoints conducted Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 9,100 9,049 9,600 9,800 450 414 450 480 12 6 12 12 DEPARTMENT: FIRE ACTING FIRE CHIEF Howard Windsor FIRE PREVENTION[ 1-Fire Marshal/Battalion Chief 1-Deputy Fire Marshal/Fire Captain 5-Fire Safety Specialist 2-Fire Inspectors Information and Education Planning and Engineering Enforcement Investigation EMERGENCY OPERATIONS 2-Battalion Chiefs l-Fire Captain/Paramedic Coordinator 5-Fire Stations Fire Suppression Emergency Medical Services All Risk Responses Non-Response Activites Program: Fire Expenditure Summar}, Personnel Operations & Maintenance Capital Outlay Operating Transfers Out Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 35,554 $ 90,913 $ 113,120 $ 132,950 1,967,992 2,477,871 3,589,927 4,022,205 84,402 242,867 88,655 34,300 103,268 $ 2,087,948 $ 2,914,919 $ 3,791,702 $ 4,189,455 Personnel Allocation Authorized Authorized 2002-03 Changes 2003-04 Departnent Total 1.00 0.00 1.00 DEPARTMENT: FIRE PROGRAM: PREVENTION MISSION: The mission of the Temecula Fire Services Fire Prevention Bureau is to preserve and enhance the quality of life for the citizens of Temecula through the application of a comprehensive fire and hazard prevention program. 2002 - 2003 ACCOMPLISHMENTS: Consistently met the plan check turnaround time Participated in the development review process and implemented changes Further developed prevention and education programs to meet the needs of the community Improved permit tracking and reports to increase efficiency GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: CONDUCT AN ONGOING, PERPETUAL PUBLIC INFORMATION AND EDUCATION PROGRAM OF FIRE AND LIFE SAFETY WITH A STRONG FOCUS ON FIRE PREVENTION Educate citizens of all ages in proper fire and life safety practices Begin Adopt~a-School program by fire stations Purchase, stock, and distribute an adequate supply of handouts with fire and life safety messages to the stations for dissemination at fairs and during station tours Participate in existing Fire and Safety Expos Institute smoke detector and battery checks/change program in all residences while on responses at those residences Continue development and distribution of the "After the Fire" Packet Develop new forms for public contacts including merchant booths and radio spots Expand public education efforts to include All Risk Evaluate and purchase technological delivery messages for prevention education DETERMINE THE ORIGIN AND CAUSE OF ALL FIRES Investigate all fires to ascertain origin and cause Track trends and patterns for serial and/or suspicious fires, coordinating with CDF Law Enforcement at Perris Headquarters Coordinate with Building and Safety, Planning, and Public Works for any fires related to construction and/or development issues DEPARTMENT: FIRE GOAL 3: OBJECTIVES: GOAL 4: OBJECTIVES: OPTIMIZE THE FIRE AND LIFE SAFETY ENVIRONMENTS IN ALL BUILDINGS OPEN TO THE PUBLIC THROUGH PLANNING AND APPLICATION OF THE APPROPRIATE CODES Implement Haz-Mat Permitting program Work to reduce paper storage by shifting to automated storage Continue to increase efficiency with automated and clerical support Continue refinement of plan submittal and review processes to maintain timely turnaround by increasing computerized submittal and tracking capabilities for integrated departmental access, improving filing capabilities/capacities, and providing website information for developers/contractors ENSURE A REASONABLE DEGREE OF LIFE SAFETY IN ALL BUILDINGS OPEN TO THE PUBLIC THROUGH ENFORCEMENT OF AND COMPLIANCE WITH APPLICABLE CODES, REGULATIONS, AND STANDARDS Provide in-depth inspections of new construction in timely fashion Improve inspection scheduling, reduce contractor wait times Perform Hazardous Occupancy inspection with a fire protection engineering firm Continue apartment complex inspections Provide in-depth inspections of current occupancies Educate and assist engine companies in inspection practices PERFORMANCE MEASURES: Number of plan checks Number of Fire Prevention Bureau inspections Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 1,900 1,530 1,900 1,800 2,150 1,547 2,150 2,000 DEPARTMENT: FIRE MISSION: PROGRAM: EMERGENCY OPERATIONS The Temecula Fire Services are dedicated to protect life, property, and the environment throughout the City, accomplished by a comprehensive emergency service response program utilizing responsible fiscal management, a highly trained work force, progressive technology, and modern equipment. 2002 - 2003 ACCOMPLISHMENTS: Enhanced Emergency Medical Services by adding Medic Squad 73 to meet the 5-minute response time goal Purchased and put into service Medic Squad 84 replacement Purchased and implemented an onboard laptop program to enhance emergency response times Implemented proactive public safety systems, i.e.: Quake Guard and Reverse Notification System Utilized grant funding to offset vehicle and equipment purchases for paramedic program and special rescue requirements Raised funds through the Explorer Post Program to work toward self-sufficiency Continued to be successful in the numerous Explorer muster competition throughout the year GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: SAFELY RESPOND TO AND TAKE APPROPRIATE ACTIONS ON ALL FIRES, MINIMIZING THE LOSS OF LIFE AND PROPERTY TO THE CITIZENS OF TEMECULA, ARRIVING IN 5 MINUTES OR LESS 90% OF THE TIME Maintain 5-minute service level as the City geographically and demographically grows Apply extinguishing agent in 7-8 minutes (prior to fiashover) Full first-alarm assignment in operation in 10 minutes Provide 15 personnel to first-alarm assignments as dictated by NFPA 1710 Utilize on-board laptops to enhance fire service delivery capabilities Maintain and replace equipment as needed to maintain operational readiness Maintain appropriate training levels and fire performance standards SAFELY RESPOND TO AND TAKE APPROPRIATE MITIGATING ACTIONS ON MEDICAL EMERGENCIES, MINIMIZING THE LOSS OF LIFE AND LIMB TO THE CITIZENS OF TEMECULA, ARRIVING IN 5 MINUTES OR LESS 90% OF THE TIME Maintain 5-minute service level as the City geographically and demographically grows Initiate definitive patient care within 6-8 minutes Provide two Paramedic and two EMT level personnel on scene Utilize on-board laptops to enhance fire service/EMS delivery capabilities Maintain and replace equipment as needed to maintain operational readiness Maintain appropriate training levels and EMS certifications Implement next phase of laptop project DEPARTMENT: FIRE GOAL 3: OBJECTIVES: RESPOND TO AND TAKE APPROPRIATE MITIGATING ACTIONS ON ALL OTHER EMERGENCY INCIDENTS TO REDUCE THREATS TO THE CITIZENS OF TEMECULA, ARRIVING IN 5 MINUTES OR LESS 90% OF THE TIME Utilize onboard laptops with response/GIS applications to enhance fire service delivery capabilities ~ Maintain all risk equipment as needed for operational readiness ~' Maintain appropriate all risk technical training levels GOAL4: OBJECTIVES: PERFORM NECESSARY TRAINING, MAINTENANCE, AND ADMINISTRATIVE DUTIES THAT ENSURE AND ENHANCE THE DEPARTMENT'S FIRE SERVICE DELIVERY CAPABILITIES TO THE CITIZENS OF TEMECULA Maintain facilities and equipment in accordance with department policy Perform daily/weekly training, drills, and classes consistent with department policy Perform daily physical fitness program consistent with department policy Coordinate with the prevention bureau to participate in the field component of the Fire Prevention Program, focusing on information, education, inspections, public relations, and community oriented events ~ Provide structured Volunteer Fire Company and Explorer training Continue implementation of the Injury Illness Prevention Program as required by Federal and State mandates as it pertains to all areas of safety PERFORMANCE MEASURES: Average response time Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 5.0 minutes 4.7 minutes Less than or Less than or equal to 5 equal to 5 minutes minutes Number of business pre-fire plans prepared and 750 500 750 800 updated DEPARTMENT: ANIMAL CONTROL Program: Animal Control Expenditure Summary Personnel Operations & Maintenance Capital Outlay Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 96,458 81,105 102,500 132,000 $ 96,458 $ 81,105 $ 102,500 $ 132,000 MISSION: The City of Temecula receives animal control services from Lake Elsinore Animal Friends (LEAF), a non-profit agency dedicated to fulfilling the animal control needs through contractual agreements. LEAF monitors dog licensing, patrols City neighborhoods for stray animals, thereby ensuring the safety of Temecula residents. This agency also ensures the safety of animals found and detained from the City. 2002 - 2003 ACCOMPLISHMENTS: Remained successful in canvassing/marketing efforts throughout neighborhoods to promote up to date vaccinations and licensing Decreased the number of hearings held for public nuisance issues Sent staff to PETCO every Saturday for community licensing outreach efforts GOAL 1: OBJECTIVES: PROVIDE EFFECTIVE ANIMAL CONTROL SERVICE TO PROVIDE A SAFE ENVIRONMENT FOR TEMECULA RESIDENTS WITHIN THE SCOPE OF THE CITY'S ANIMAL CONTROL ORDINANCE AND RESOLUTION Routinely patrol neighborhoods to ensure that animals are properly contained Respond to citizen complaints regarding barking, dangerous, or vicious dogs Monitor the City's dog licensing program to ensure timely processing Provide a safe and clean shelter facility for detained animals PERFORMANCE MEASURES: Number of new licenses issued Number of license renewals issued Number of administrative hearings conducted Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 1,500 1,161 1,500 1,500 200 2,322 2,000 2,500 15 15 17 19 DEPARTMENT: NON-DEPARTMENTAL Program: Non-Departmental Expenditure Summary Operations & Maintenance Capital Outlay Operating Transfers Out Funding Source: General Fund Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 3,421,921 4,217,577 4,973,835 5,838,275 4,055,000 5,030,000 2,240,800 2,093,830 $ 7,476,921 $ 9,247,577 $ 7,214,635 $ 7,932,105 MISSION: The Non-Departmental Program is a cost center for general administrative expenditures such as sales tax reimbursements, the "Revenue Excess Sharing for Temecula" Program (REST) and property tax administrative fees. FISCAL YEAR 2003-04 OPERATING BUDGET INTERNAL SERVICE FUNDS EXPENDITURE SUMMARY BY CATEGORY - INTERNAL SERVICE FUNDS Fund Vehicles Information Systems Support Services Facilities Total Operations Capital Personnel & Maintenance Outlay Total $ 46,715 $ 587,100 $ 633,815 243,600 $ 243,600 879,050 951,985 500 $ 1,831,535 116,845 175,810 $ 292,655 311,505 259,990 8,000 $ 579,495 $ 1,354,115 $ 2,218,485 $ 8,500 $ 3,581,100 EXPENDITURE SUMMARY BY FUND - INTERNAL SERVICE FUNDS Four Year Comparison Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 INSURANCE Personnel $ 31,126 $ 34,989 $ 43,560 $ 46,715 Operations & Maintenance 492,798 468,263 556,200 587,100 Capital Outlay Operating Transfers Out Total $ 523,924 $ 503,252 $ 599,760 $ 633,815 YEHICLES Personnel Operations & Maintenance $ 126,194 $ 167,576 $ 208,000 $ 243,600 Capital Outlay Total $ 126,194 $ 167,576 $ 208,000 5; 243,600 INFORMATION SYSTEMS Personnel $ 285,970 $ 310,258 $ 514,140 $ 879,050 Operations & Maintenance 707,368 744,631 948,403 951,985 Capital Outlay 4,500 6,500 500 Total $ 993,338 $ 1,059,389 $ 1,469,043 $ 1,831,535 SUPPORT SERVICES Personnel $ 79,104 $ 89,169 $ 107,650 $ 116,845 Operations & Maintenance 187,610 169,455 184,520 175,810 Capital Outlay 4,618 Total $ 266,714 $ 258,624 $ 296,788 5; 292,655 FACILITIES Personnel $ 197,763 $ 232,060 $ 296,140 $ 311,505 Operations & Maintenance 165,784 196,412 240,451 259,990 Capital Outlay 7,729 5,725 11,000 8,000 Total $ 371,276 $ 434,197 $ 547,591 $ 579,495 Internal Service Fund Total $ 2,281,446 $ 2,423,038. $ 3,121,182 $ 3,581,100 PERSONNEL ALLOCATION BY DEPARTMENT INTERNALSERVICEFUNDS INSURANCE Fiscal Services Manager Administrative Secretary Total INFORMATION SYSTEMS Director of Information Systems Information Systems Manager Information Systems Administrator Information Systems Specialist GIS Administrator GIS Analyst Administrative Secretary Webmaster Total SUPPORT SERVICES Central Services Coordinator Office Assistant Total FACILITIES Maintenance Superintendent Maintenance Supervisor Parks/Landscape Maintenance Supervisor Facility Maintenance Coordinator Lead Maintenance Worker Maintenance Worker Custodian Office Specialist Total Internal Service Funds Total Authorized Authorized 2002-03 Changes 2003-04 0.25 0.00 0.25 0.25 0.00 0.25 0.50 0.00 0.50 0.00 1.00 1.00 1.00 (1.00) 0.00 1.00 1.00 2.00 2.00 (1.00) 1.00 0.00 l.O0 l.O0 0.00 1.00 1.00 0.00 1.00 1.00 1.00 0.00 1.00 5.00 3.00 8.00 1.00 0.00 1.00 0.50 0.00 0.50 1.50 0.00 1.50 0.25 0.00 0.25 0.15 0.00 0.15 0.15 0.00 0.15 1.00 (0.50) 0.50 0.50 0.00 0.50 0.50 0.00 0.50 1.00 0.00 1.00 0.30 0.00 0.30 3.85 (0.50) 3.35 10.85 2.50 13.35 INSURANCE Funding Source: Charges to City, Community Services District, and Redevelopment Agency Expenditure Summary Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Personnel $ 31,126 $ 34,989 $ 43,560 $ 46,715 Operations & Maintenance 492,798 468,263 556,200 587,100 Capital Outlay Operating Transfers Out $ 523,924 $ 503,252 $ 599,760 $ 633,815 Personnel Allocation Fiscal Services Manager Administrative Secretary Authorized Authorized 2002-03 Changes 2003-04 0.25 0.00 0.25 0.25 0.00 0.25 Department Total 0.50 0.00 0.50 MISSION: The Insurance l~und is the cost center for the financing and accounting of the City's risk management and insurance functions. Costs reflected in the Insurance Fund include property, liability, automobile insurance, claims administration services, legal, and other direct costs relating to claims and potential litigation. 2002 - 2003 ACCOMPLISHMENTS: Renewed the City's property insurance policy at a very competitive premium and maintained the same deductible levels Reduced administrative costs associated with claims due to efficient internal review Forty-five claims were closed, eight of which were litigated COST ALLOCATION: Charges to departments are allocated based on the number of full-time equivalent personnel in each department. VEHICLES Program: Vehicles Funding Source: Charges to City and Community Services District Expenditure Summary Personnel Operations & Maintenance Capital Outlay Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 126,194 $ 167,576 $ 208,000 $ 243,600 $ 126,194 $ 167,576 $ 208,000 $ 243,600 MISSION: The Vehicle Fund is used to account for the acquisition, depreciation, and replacement of City Vehicles. COST ALLOCATION: Charges to department are calculated based on the actual depreciation charge for vehicles used by each department. INFORMATION SYSTEMS I SYSTEMS ADMIN END USER SUPPORT Workstation/Client Permits Plus Application Eden Application RecWare Application HDL Business Lin App Crystal Reports Printing Issues Logon Issues IS Training DI%CFTOR / INFORMATION SYSTEMS Il[ SYSTEMS ADMIN DATA ROOM SUPPORT ISYSTEMS ADMIN] GIS SUPPORT Enterprise Servers Data Backup/Restore Network Storage Disk Drives Data Room Alarms Council Chambers A/V Voice Phone Systems EOC Communications ESR1 ArcView Support Map Software Address Database ClP Support Geo Coding Map Mobile App INFORMATION SYSTEMS Program: Information Systems Funding Source: Charges to City, Community Services District, and Redevelopment Agency Expenditure Summary Personnel Operations & Maintenance Capital Outlay Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 285,970 $ 310,258 $ 514,140 $ 674,490 707,368 744,631 948,403 877,395 4,500 6,500 $ 993,338 $ 1,059,389 $ 1,469,043 $ 1,551,885 Program: GIS* Funding Source: Charges to City, Community Services District, and Redevelopment Agency Expenditure Summar~ Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 204,560 74,590 500 $ $ $ $ 279,650 Personnel Operations & Maintenance Capital Outlay *GIS as of FY 03-04 will be combined with Information Systems in the Internal Service Fund. Personnel Allocation Director of Information Systems Information Systems Manager Information Systems Administrator Information Systems Specialist GIS Administrator GIS Analyst Administrative Secretary Webmaster Authorized Authorized 2002-03 Changes 2003-04 0.00 1.00 1.00 1.00 ( 1.00) 0.00 1.00 1.00 2.00 2.00 (1.00) 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 1.00 0.00 1.00 Department Total 5.00 3.00 8.00 INFORMATION SYSTEMS MISSION: PROGRAM: INFORMATION SYSTEMS The Information Systems Fund is used to account for the acquisition, depreciation, and replacement of computer and communications equipment. It also serves as the cost center for information systems support and service, as well as computer software and City Enterprise Application support. 2002 - 2003 ACCOMPLISHMENTS: Developed an Information Systems Strategic Plan Transitioned the City to Sprint PCS for cellular support Upgraded the Data Center Uninterrupted Power System (UPS) System Upgraded the Disaster Recovery Storage and Tape Backup System Upgraded the Data Center with High Availability Liebert Air Conditioning Equipment Implemented Customer Service Performance Measurements with Track-IT Established development controls over Enterprise Applications, i.e. Eden, Permits Plus Installed an interactive emergency response communications system, i.e. Reverse 911 Conducted a Security Audit and implemented new security policies and procedures Developed and installed anfi-SPAM filters to the City E-mail System Procured an office suite with High Speed/Secure Internet for City Council home offices Upgraded one third of the City's PCs Installed Crystal Reports Enterprise Edition for implementing live data base reports from Permits Plus on the City's Intranet GOAL 1: OBJECTIVES: IMPROVE ALL INTERNAL BUSINESS PRACTICES AND CUSTOMER SERVICE LEVELS FOR THE ENTIRE CITY Establish Information Systems Performance Measurements (Metrics) to evaluate Customer Support calls and system outages to enable root cause analysis and trend reporting on equipment performance and customer satisfaction ~ Provide all necessary resources to facilitate the implementation of best-practice automation tools throughout the City, including specialized software such as Eden Financials, HR, and Payroll, Laser Fiche Document Management, and Permits Plus Provide tools to allow City departments to better serve the public, which includes provisioning on-line services that support an e-government strategy. This includes the necessary information security measures to protect enterprise applications and critical data GOAL 2: OBJECTIVES: PROVIDE ALL REQUISITE ASSETS FOR SUPPORTING THE USE OF AUTOMATION TOOLS WITHIN PUBLIC SAFETY AND OTHER IN-FIELD DEPARTMENTS Provide reliable, trustable, cost-effective, wide-area communications to City vehicles Initiate the use of tablet and laptop PCs, especially for emergency services support activities Leverage reaMime GIS updates to Emergency Vehicle Systems Integrate portable computers into the larger IS mandate Promote and enable communications between affected departments INFORMATION SYSTEMS GOAL 3: OBJECTIVES: GOAL 4: OBJECTIVES: MANAGE FOR GROWTH Create an Information Systems Strategic Plan that covers the next cycle of innovation and system usability Create a data system that charts a technology roadmap for migration to new technologies Migrate the City from a cumbersome dual Novell Netware and Microsoft Windows environment to a Windows Active Directory environment Use available communications methods to better serve the public Enhance the productivity of City staff, both in the office and in the field, by migrating from Groupwise to the Microsoft Exchange E-Mail server with the Outlook Client Create a City Intranet page with Portal Technology for disseminating interdepartmental information BECOME BETTER PREPARED FOR DISASTER RECOVERY BY UPGRADING THE INFORMATION SYSTEMS INFRASTRUCTURE FOR IMPROVED DATA CENTER ENVIRONMENTAL SUPPORT, AND FAIL-OVER DATA PROTECTION Upgrade the Data Center's Disk Drives into a Storage Area Network (SAN) Provide Industry Standard robotic tape backup system for protecting critical data Provide load balanced Data Center services between the Data Rooms in City Hall and the Community Recreation Center (CRC) ~ Provide a highly available Data Center with a consolidated maintenance contract ~' Maintain and upgrade the City's own radio communications assets COST ALLOCATION: Charges to departments are calculated based on the number of computer workstations supported by Information Systems staff in each department. PERFORMANCE MEASURES: Projected Actual Projected Projected FY 2001-02. .FY 2001-02 FY 2002-03 FY 2003-04 Personal Computers Supported 200 238 250 275 Printers Supported 75 102 120 135 Number of Help Desk requests completed 1.200 3,100 4,000 5,000 Storage on Network Servers 180 Gbits 225 Gbits 300 Gbits 400 Gbits Telephones 368 412 425 450 Cell Phones 70 86 95 110 INFORMATION SYSTEMS PROGRAM: GEOGRAPHICAL INFORMATION SYSTEMS (GIS) MISSION: The GIS Division accounts for the acquisition of computer equipment, software, and GIS data used in the application support and service of the City's GIS system. 2002 - 2003 ACCOMPLISHMENTS: Fulfilled over 500 mapping and data analysis requests using the Geographic Information System (GIS) Fully implemented a GIS-based Map Mobile Fire Response program for fire and medic response units to enhance response times Acquired and implemented for citywide departmental use, digital orthophoto imagery for the City and surrounding areas Implemented "Megan's Law" sex offender location maps for the City website. GOAL 1: OBJECTIVES: OPERATE THE CITYWIDE GEOGRAPHIC INFORMATION SYSTEM (GIS) TO MEET LOCAL DATA AND INFORMATIONAL NEEDS Update the County database and develop additional data layers to support City departments and programs (e.g. Planning, Public Works, Economic Development, etc.), and to increase efficiency in providing public information Establish, as staff resources permit, connections between the GIS and other City databases Produce, as staff resources permit, reports and map exhibits for various City departments in support of their operations and for the community to improve customer service Complete, as staff resources permit, the implementation of map objects and provide staff training GOAL 2: OBJECTIVES: FOSTER GREATER UNDERSTANDING OF GIS AND GIS DIVISION CAPABILITIES AMONGST IN-HOUSE CITY STAFF Conduct periodic Citywide training for Map Objects Program Create GIS Map and Analysis Index accessible to all City staff Refine and update (when required) the GIS Data Dictionary and Library, and make them available to City staff and outside agencies and jurisdictions GOAL 3: OBJECTIVES: INCREASE USABILITY OF GIS DATA FOR CITY STAFF, WHEREBY INCREASING CUSTOMER SERVICE Conduct periodic citywide training for Map Objects/ARC 1MS Program Conduct in depth ARCVIEW training for appropriate and designated in-house staff Explore ways to integrate Permits Plus applications with GIS INFORMATION SYSTEMS GOAL 4: OBJECTIVES: GOAL 5: OBJECTIVES: EXPLORE AND DEVELOP ADDITIONAL GIS APPLICATIONS FOR UTILIZATION OF EXISTING FORMS OF DATA AND CREATION OF NEW DATA THROUGH DATA COLLECTION PROCESSES Explore ways to integrate Finance Department databases with GIS Explore the implementation of the integration of Accella Permits Plus with GIS Develop program for the utilization of the City's GPS unit COORDINATE WITH OUTSIDE AGENCIES, JURISDICTIONS AND CONSULTANTS TO GAIN AWARENESS OF DATA AVAILABILITY AND DATA SHARING OPPORTUNITIES TO KEEP CURRENT WITH GIS TECHNOLOGY AND APPLICATIONS Coordinate with Southeastern California GIS Council (SECGIS) to set up regional data sharing group Coordinate with Southeastern California GIS Council (SECGIS) to set up regional data depository ~ Become more involved in Southeastern California GIS Council (SECGIS) ~ Establish County-wide task force to explore feasibility of implementing GIS based Fire Response program and integrate Fire Response program with County dispatch system COST ALLOCATION: Charges to departments are calculated based on the number of requests by each department. PERFORMANCE MEASURES: City Data Sets Supported Number of GIS requests completed Training Projected Actual Projected Projected FY 2001-02 FY 2001-02 FY 2002-03 FY 2003-04 25 26 30 45 500 536 750 1000 1 1 1 1 SUPPORT SERVICES Program: Support Services Funding Source: Charges to City, Community Services District, and Redevelopment Agency Expenditure Summary Personnel Operations & Maintenance Capital Outlay Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 $ 79,104 $ 89,169 187,610 169,455 $ 266,714 $ 258,624 $ 107,650 $ 116,845 184,520 175,810 4,618, $ 296,788 $ 292,655 Personnel Allocation Central Services Coordinator Office Assistant Authorized Authorized 2002-03 Changes 2003-04 1.00 0.00 1.00 0.50 0.00 0.50 Department Total 1.50 0.00 1.50 SUPPORT SERVICES MISSION: The Support Services Division provides internal support functions at City Hall and other City facilities. These functions include central duplicating services, mail room services, switchboard services, and the maintenance of City Hall copy equipment. 2002 - 2003 ACCOMPLISHMENTS: Completed a Central Services Division Manual to assist in the continuation of efficient and effective customer service to both internal and external customers Expanded the lobby reception services to include a KIOSK listing of City employment opportunities, with interactive job applications Completed a process to purchase paper goods through the County for cost-efficient purposes GOAL 1: OBJECTIVES: COMPLETE COPIER NETWORKING THROUGHOUT CITY HALL TO MAXIMIZE EFFICIENCY AND REDUCE COSTS Work with Information Systems to accomplish this goal Train City staff for maximum efficiency Create a User Manual GOAL 2: OBJECTIVES: CONTINUE TO PROVIDE A FULLY STAFFED RECEPTION LOBBY AREA IN ORDER TO FURTHER ENHANCE THE CITY'S EFFORTS TOWARD CUSTOMER SERVICE ~ Enhance KIOSK functions ~ Provide staffing during business hours for public assistance COST ALLOCATION: Charges to departments are calculated based on the number of color and regular copies made by each department, as well as on the number of on-site personnel for each department. PERFORMANCE MEASURES: Actual Projected Projected FY 2001-02 FY 2002-03 FY 2003-04 Number of service request slips submitted to 2,600 3,200 3,000 3,750 copy center Turn-around period for copy center requests 48 hours 48 hours 48 hours 48 hours Projected FY 2001-02 FISCAL YEAR 2003-04 OPERATING BUDGET COMMUNITY DEVELOPMENT BLOCK GRANT FUND COMMUNITY DEVELOPMENT BLOCK GRANT Program: Community Development Btock Grant Funding Source: Community Development Block Grants Expenditure Summary Actual Actual Budgeted Proposed FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Personnel Operations & Maintenance Capital Outlay Operating Transfer Out $ 45,700 $ 40,000 $ 52,893 $ 58,044 129,866 581,460 72,500 328,920 $ 175,566 $ 621,460 $ 125,393 $ 386,964 MISSION: The Community Development Block Grant Program is a mechanism for providing federal funding for local projects. The Program is administered through the Riverside County Economic Development Agency. 2002 - 2003 ACCOMPLISHMENTS: Administered and monitored Community Development Block Grant sponsored programs in excess of $386,000 Received funding approval for Old Town Gymnasium Project for $283,571 Funded seven public service organizations for a total of $52,893 GOAL 1:: OBJECTIVES: PROVIDE DIRECT BENEFIT TO LOW-TO-MODERATE INCOME PERSONS OF THE COMMUNITY IN ORDER TO PREVENT AND ELIMINATE SLUM OR BLIGHT Conduct public noticing, receive, review, and evaluate input Review CDBG applications and make recommendations to the City Council for funding options } Submit City Council approved applications to the Riverside County Economic Development Agency ~ Prepare and submit program reimbursement and monthly direct benefit data to the Riverside County Economic Development Agency ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANCE_~__ CITY MANAGER CITY OFTEMECULA AGENDA REPORT City Council Shawn Nelson, City Manager June 10, 2003 Review and Adoption of the FY 2004-08 Capital Improvement Program PREPARED BY: Genie Roberts, Director of Finance Gus Papagolos, Fiscal Services Manager RECOMMENDATION: Adopt a Resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2004-08 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2003-04. DISCUSSION: The Capital Improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long-term life spans, and are nonrecurring. The proposed ClP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. CIP DEVELOPMENT The CIP was developed by taking recommendations provided by the staff and the City Council during a series of workshops. The primary focus of these workshops was to identify community needs in the areas of roads/streets; bridges; public buildings; parks and recreation facilities; and redevelopment projects. All projects were reviewed to ensure consistency with the provisions of the City's General Plan, as well as the long-term vision of the City as developed by the City Council. The Parks and Recreation Commission at their May 12, 2003 meeting reviewed the Parks and Recreation portion of the document and approved the proposed projects. On May 21, 2003 the Planning Commission found the proposed CIP to be consistent with the General Plan in accordance with Government Code Section 65403 of the State Planning and Zoning Law. The Public/Traffic Safety Commission at their May 22, 2003 meeting reviewed the Circulation and Infrastructure podion of the document and found it acceptable. With consideration to comments for a connection between Santiago Road and Margarita Road, the John WarnedSantiago Road Assessment District Improvements achieves this circulation improvement. On May 15, 2003 the City Council held a workshop to review and discuss the draft CIP. A presentation was provided to the City Council on an overview of the Capital Improvement Program. City Councilmembers and staff discussed in detail several projects within the CIP. Per the City Council's request the priority of the Library has been changed to a priority I. COSTS Overall, the total cost as identified in the CIP is $462,762,779. A total of 109 projects are included in the program, consisting of thirty-nine (39) Circulation Projects, twenty-four (24) Infrastructure/Other Projects, thirty-seven (37) Park Projects, and nine (9) Redevelopment Agency/Housing Projects. The following illustrates the associated costs for each project classification and total cost: Project Circulation Infrastructure/Other Projects Parks Redevelopment/RDA Housing Total Cost $277,790,467 $130,266,062 $ 42,348,250 $ 12,358,000 $462.762.779 REVENUE Projected revenue from identified sources for the Five Year Capital Improvement Program is $236,395,606. Unspecified (unfunded) project costs for the five year program total $237,196,261. Through the first three years of the five year program, there is adequate funding for all proposed projects. The CIP is fully funded in FY 2003-04 at $83,414,204, FY 2004-05 at $56,541,973 and in FY 2005-06 at $29,474,097. Included in this five year plan are twenty-four (24) projects which currently do not fit into the five year window, but warrant consideration and review in this document. These projects are proposed to be funded by both assessment districts and unspecified funds in future years for a total cost of $211,689,700, which is included in the total unspecified amount of $237,196,261. FISCAL IMPACT: The adoption of the FY 2004-08 Five Year Capital Improvement Program establishes the project appropriations for FY 2003-04. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachment: Resolution 2003- Draft Capital Improvement Program 2004-08 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2004-08 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2003-2004 WHEREAS, the City of Temecula requires public infrastructure improvements in the areas of streets, highways, transportation facilities, parks, recreational facilities and public buildings and facilities; and WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, a Capital Improvement Program is necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Capital Improvement Program FY 2004-08 is hereby approved. A copy of the FY 2004- 08 Program will be kept on file in the office of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review pursuant to the California Environmental Quality Act and the Guidelines promulgated thereunder (collectively "CEQA") has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would, directly or indirectly, have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future, unspecified date. The future planning studies will be conducted at the earliest possible time, so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula, and to further the City's strict adherence to both the spirit and letter of the law as regards CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes that the Project would be exempt from review under CEQA both pursuant to Section 15061 (b)(3) and pursuant to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program, cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided by both Section 15061 (b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecuta entitled "City of Temecula Capital Improvement Program FY 2004-08" included herein appropriations for FY 2003-04 is hereby adopted. The CIP appropriations for the 2002-2003 Fiscal Year which have not been completed, encumbered, nor included in the FY 2004-08 CIP are hereby carried over for each applicable project to the Fiscal Year 2003-2004. Section 4. On May 21, 2003 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 5. That appropriations: A. B. C. D. E. the following controls are hereby placed on the use and transfers of budget No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. The City Manager may approve change orders on Public Works contracts in amounts up to $25,000, if sufficient appropriated funds are available. The City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 6. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10~ day of June 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CiTY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and re.g_ularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10"' day of June, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS Susan W. Jones, CMC City Clerk ITEM 19 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~,E~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~:~l~Susan W. Jones ' (,~City Clerk/Director of Support Services June 10, 2003 Planning Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint two applicants to serve on the Planning Commission for full three- year terms through June 4, 2006. BACKGROUND: The terms of Commissioners Dennis Chiniaeff and Ron Guerriero expired on June 4, 2003. The City Clerk's office has followed the Council's established procedure for filling a Commission vacancy by advertising the opening in two different local publications. When the deadline was reached for receiving applications, the applications were forwarded to the subcommittee comprised of Mayor Stone and Mayor Pro Tem Naggar for review and recommendation. Mayor Stone and Mayor Pre Tem Naggar have recommended the reappointment of Commissioners Chiniaeff and Guerriero. /~ll applicants are registered voters and live within the city limits of Temecula. This term is through June 4, 2006. Attached are copies of the qualifying applications that were received by the filing deadline of May 15, 2003. ATTACHMENTS: Copies of Applications for Appointment. Agenda Reports/Appointment Planning Commission City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityofternecula.org (909) 694-6444 Please Check One: .,~ Planning __ Community Services Number of years as a City of Temecula Resident __ 05-13-03A07:35 FILE Commission Appointment Application . . ~ P~.CEIVED F~r Pr°p'er conSideratlon~ YoU mUSt currently b~ ~'~i~ent'ofthe l ' Cit'~ of T~ecuia and-a Registered v0~er in the City of Temecula _. l~¥ ] 3 2{}03 ~' · ' ~ '' ~,~': ~LERK$ DEPT. __ Public Traffic Safety Are you a City Registered Voter? __ NAME:,~,~/~' ~. ~,~/~/,/,~-,~rf OCCUPATiON~~'/..~/~'- ADDRESS: ~/~ ~¢ ~/~ ~ ~ ~~~ DA~IME PHONE: ~~ EVENING PHONE~ EMPLOYER N~E~/~~~~ EMPLOYER ADDRESS:~ ~ E-MAIL List any City or County Board, Committee or Commissiog on which you have served and the year(s) of List any organizations to which you belong (professional, technical, community service): State why you wiSh to serve on this commission, and why you believe you are qualified for the position. Please be specific;(You may attach a separate sheet of paper if necessary.) I understand that any or all information on this form may be Verified. I consent to the release of this infor~tion for .public information purpo~e~. . P~a'se return to: City Clerk s Office, 43~_00 Business Park, Drive (909) 694-6444 (OR) . · Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE DENNIS W. CHINIAEFF 41659 B'r& SA&E COURT TEMECULA, CALT. FORN'rA 92591 909-695-3270 May12,2003 Dear Members of the Temecula City Council, I respectfully request to be re-appointed to the Temecula Planning Commission. Service to my community as a member of the Planning Commission is my way of giving back for all the opportunities living in our great city has afforded me. Having over 30 years in the "business" of planning and local government, I continue to bring a lot to the position. Over the past two years I have served as Chair of the Commission, during the review of some very challenging projects that appeared on our agendas. The City's inventory of developable land will be shrinking, making the decisions on how that land is developed all that more important. My experience in the community, in planning and the process will be a continued asset to the Council and community. Your consideration of my request to continue serving Temecula as a member of the Planning Commission is truly appreciated. Sincerely, DENNIS W. CHINIAEFF, AICP May 2003 41659 Big Sage Court Temecula, California 92591 909-695-3270 dwc2~ix.netcom.com Education: · Masters Degree in Urban Planning Cai Poly University, Pomona, California ·Bachelor of Arts, History/Social Science University of California, Santa Barbara, California · Additional Courses: Cai Poly University, San Luis Obispo, California - Architecture University of Arizona, Tucson, Arizona - Architecture Stanford University, Palo Alto, California - Finance Professional Experience: EMPIRE COMPANIES, Ontario, California Senior Vice President Oversee regional land development activities and assets in Southem California Region. Projects extend from the Inland Empire, High Desert, and northern Arizona. Projects involve acquisition, planning, governmental relations, and development. DENNIS CHINIAEFF & ASSOCIATES, INC. Temecula Califomia Providing development expertise to the Pechanga Band of Lusieno Mission Indians. Master planning Tribal lands for economic development and infrastructure. Projects over the past 6 years include RV Park, Casino facilities, Tribal Water and Sewer facilities, Market, Car Wash and Service Station, Fire Station, Governmental Center, and Golf Course Planning,. Master Planning and project management for $263 million Pechanga Resort and Casino including working with all design disciplines relating to the development of the facility. Involved in governmental relations and utility provision at all levels. Advise both Pechanga Development Corporation and Pechanga Tribal Council. THE DC GROUP, Temecula, California Principal Founded in 1992, The DC Group provides large-scale development planning and master planning, governmental relations, planning entitlements, and construction management services to the development community and allied interests. Engagements include commercial development, Regional Mall facilities consulting, industrial and residential land development, construction management for recreational, gaming and industrial park development and build-to- suit projects, asset management, engineering market studies, large scale planned residential, golf course development and management, economic feasibility analysis and general development consulting. Advising government and Native American Tribes in the development of their assets in support of Indian Gaming operations. Conceptualizing and negotiating solutions to complex DENNIS W. CHINIAEFF Page 2 development related issues with all levels of government and interests, including environmental groups. A partial client listing includes ZKS Real Estate Partners, Kemper National Insurance Companies, Lumbermens Insurance, Pechanga Development Corporation, Forest City Development Corporation, Tribal Council - Pechanga Band of Luiseno Mission Indians, DIVCo Development, Forest City Development, Pascoe Development, Rancon Financial, The Gas Company, PACWEST Development, RBF Engineering, Dartmouth Development Company and American Industrial Manufacturing Services. KEMPER REAL ESTATE MANAGEMENT COMPANY, Temecula, Califomia Senior Vice President\General Manager 1993 -- 1995 Responsible for the overall operation of Kemper's $150 million assets in Temecula, Menifee, Irvine, San Juan Capistrano, and Thousand Oaks. Managed the planning, development, and disposition of commercial, industrial, residential and rec-ag assets totaling almost 23,000 acres. Point person for governmental relations with federal, state and local agencies. Handled planning and governmental entitlements for Kemper. Responsible for assessment district and governmental financing, including coordinating the Company's involvement in two of the largest assessment districts in the State of California. Develop strategies for disposition of Kemper's assets in area with annual sales over $50 Million. Some of the larger Kemper assets included: Paloma del Sol - 5000 unit planned community 7300 acre Vail Lake property including recreational assets. Palm Plaza, a 450,000 sq. fi. shopping center. Temeku Golf Course and 1500 unit planned community. Santa Rosa Plateau, a 1500 acre, environmentally sensitive property which was sold to federal, state and local agencies as a nature preserve. Winchester Regional Shopping Center, 200 acres planned and entitled for a regional center in the City of Temecula. Walker Basin 1300 unit residential golf community. Developed and sold residential lots to residential merchant builders including Centex Homes, Mesa Homes, Fieldstone, Richmond American and Newland Capital. Sale of Kemper Insurance Company to Zurich Insurance in January 1996 and their desire to move out of the real estate market led to the shut down of the Temecula operation. DENNIS W. CHINIAEFF Page 3 RANCON REALTY FUNDS / PAMCO, Temecula, California Vice President - Commercial and Residential Development 1990 - 1992 Responsible for land planning, entitlements, installation of infrastructure and vertical construction activities of over $400 million in assets, including the development of Rancon Business Center - a 590 acre mixed use development; Rancon Center Otay Mesa - a 240 acre proposed mixed use property; Perris 83 - a pt:oposed mixed use property; Pen'is 23 - a proposed commercial project; Perris 17 - a commercial development; Lake Elsinore Square retail center; Menifee Ranch - a 1,300 acre planned development; Rancon Corporate Center - a business park and was involved in the construction of 140,000 square feet of industrial space. GRIFFIN HOMES, Southern Region, Temecula, California Vice President and Regional Manager 1987 - 1990 Responsible for projects totaling 2,600 units in Southwest Riverside County, Western San Bernardino, Orange and San Diego counties. This included land acquisition, forward planning, governmental processing, engineering, marketing, construction, customer service and product development for the region. Constructed over 400 units with a value exceeding $60,000,000. KAISER DEVELOPMENT COMPANY/BEDFORD PROPERTIES, Temecula, California Vice President, Land Development/Planning & Engineering 1983 - 1987 Responsible for all long and short range planning activities as well as all engineering coordination for Kaiser Aluminum's 97,500 acre Rancho California Planned Community. Activities included residential, commercial and industrial planning and development as well as large scale land development and sales. Responsible for all governmental relations. Obtained entitlements for over 9,000 units including a 1,300 unit golf course development, 1,200 acre residential PUD and a 1,300 acre mixed use specific plan. Redesigned and constructed the Rancho California Business Park. Upon acquisition of Rancho California by Bedford Properties, was responsible for master- planned business park and land development activities preparation of merchant builder product. Supported land sales efforts. AMERICAN NATIONAL HOUSING/BARRATT HOMES, Irvine, California Vice President, Planning & Engineering 1979 - 1983 Responsible for all planning, engineering, governmental relations and consultant activities for home building and company operations in Orange, Riverside, San Bemardino and northern San Diego counties. Handled all forward planning and project development for 3,500 single and multi-family residential units. Coordinated governmental relations. CITY OF CHINO, Chino California Director of Community Development & Redevelopment Agency Executive Director 1977- 1979 DENNIS W. CHINIAEFF Page 4 Responsible for all Planning and Building Department activities for City as well as the operation of the Chino Redevelopment Agency activities for one of the fastest growing cities in southern California. Activities included redevelopment of downtown area with Civic Center, library and shopping center. Directed staff of 17 with a budget exceeding $5 million annually. CITY OF SCOTTS VALLEY, Scotts Valley, California Planning Director 1976 - 1977 Responsible for all planning activities for this Northern California community. Reported to the City Manager and City Council. CITY OF CHINO, Chino, California City Planner 1971 - 1976 Responsible for all planning activities for City, including current and advanced planning. Made presentations to Planning Commission, City Council and other Governmental agencies. Reported to Director of Community Development. UNITED STATES NAVY, Saigon, Vietnam 1969 - 1970 Under Commander Naval Forces, Vietnam, was attached to a US Army Advisory team training Vietnamese military personnel during the Vietnamization program. AFFILIATIONS American Institute of Certified Planners (AICP), full member City of Temecula Planning Commission, Present Chairman/Commissioner (5+ years) California Building Industry Association, Life Director Riverside County Building Industry Association, Life Director Past President, Pacific Coast Builder's Conference California Building Industry Foundation, Past Trustee Southwest Riverside County Community Plan Committee, Vice Chairman American Planning Association Riverside County Flood Control District Advisory Committee Boy's & Girl's Club of the Temecula Valley, President Emeritus Murrieta/Temecula Group, Emeritus Rotary Club of Temecula, Paul Harris Fellow, Rotarian of the Year 1999 Past President, 1976 unit Paloma del Sol Homeowner's Association Economic Development Corporation of Temecula Valley, past Board Member Temecula Community Recreation Center Foundation, past Board Member City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (909) 694-6444 05-15-03PO3:3g RCV~ CommissiOnApplicationAppointment +C =IVED 1 5 2003 · CLERKs DEpT' · City of Temecula and a Registered Voter in the City of Tame ,Cula . For proper c~nslderatlon,*you must cur~ntly be a resident of the Please Check One: ~--]Planning I I Community Services __ Public Traffic Safety Number of years as a City of Temecula Resident .... Are you a City Registered Voter? .... NAME: Charles Coe ADDRESS: 30554 Greenway Circle OCCUPATION: Sales Manager DAY'rlME PHONE: g09-851..4221 EMPLOYER NAME: OMNI Concepts EVENING PHONE: 909-676~7408 EMPLOYER ADDRESS: 1056 Old Taylor Rd., Vista, CA E-MAIL temchuck@earthlink.net Educational Background/Degrees: University of Toledo, BS Paramount HS, Diploma ' Exon Management/Marketing Graduate Lipt any City or County Board, Committee or Commission on which you have served and the year(s) of service: Tpmecula Public TraftVSafety Commission List any organizations to which you belong (professional, technical, community service): Hotel Engineers Association Hope Lutheran Church Advisory Board State why you wish to serve on this commission, and why you believe you airs qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary.) It has always been my passion to see Temecula grow with forethought and style. To confront problems with passion and compassion, and to seize the opportunity to create a great city. Not just a cookie cutter image of many Orange County municipalities. For the most part we have done well, however, we can do better. When I first applied to the Traffic Commission in 1992 I stated that I wanted to be part of a commission that could ..,. I u~l'eret;,nd th'~:'aj3v..,or ;~11Jkfj;~stl~n o'n thi~.f~Ft ~ay be v~rlfled. I con'sent f~o th~ release of this nform~t ok for __-/ / Signature: ~ ~' ~'~__~ ~ Date: ':~ /,/-~"/~' ~ Please return to: City Clerk's Office, 43200 Business Park Ddve (909) b~94-64~4 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Please be aware of the advertised deadline May 15, 2003 Planning Commission Application It has always been my passion to see Temecula grow with forethought and style. To confront problems with passion and compassion, and to seize the oppommity to create a great city. Not just a cookie cutter image of many Orange County municipalities. For the most part we have done well, however, we can do better. When I first applied to the Traffic Commission in 1992 1 stated that I wanted to be part of a commission that could still make a difference in the growth of a city. During my nine years of service there were many commission recommendations that were authored or : · ~liarnpioned by me, which ultimately became council decisions, which continue to ! benefit my fellow Temeculans. A proven track record as a commissioner, a well demonstrated desire to see Temecula grow and prosper and an tm-abiding love for "The Greatest City on God's Green Earth" snpremely qualify me for a position on the Planning Commission. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (909) 694-6444 RECEIVED Ap~ ~ fl 2nn~ proper consnderat~on, you must currently be a/resident'of ~e J C,ty of Tem?ula'and a Registered.Voter in,~he City~og Teme~ ~ . Please Check One: )(' Planning __ Community Services Number of years as a City of Temecula Resident /.~ __ Public Traffic Safety Are you a City Registered Voter? NAME: //~o ,o OCCUPATION:~ ADDRESS: ~x'/'E'ZO d,//~',~',~.) 4~,,~,' DAYTIME PHONE: ~'~'/B~"~- EVENING PHONE: ~' 7& EMPLOYER NAME(~. ~'&~:- ~_~7o~/~'~,~-- .~_ EMPLOYER ADDRESS~"~ ~ ,,?~'5~=,8'/,//.,,~-~bO~FOo~ E-MAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) ,of service: List any organizations to which you belong (professional, technical, community service): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary.) I understand that any or all information on this form may be verified. I consent to the release of ' public information purposes. this Informatl~. Signature:~ Date: Please return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Commission Appoimraent Application Planning Commission Ron Ouerriero 4-26-03 Educational Background / Degrees 1. AA Police Science / Business - Saddlchack commtmity College 2. BA Criminal Justice Administration / Sociology - CSUFullerton 3. California Certified HAT~rdous Materials lndusU'y Technician 4. Several certificates from National Safety Council, OSHA, EPA in various areas of disaster preparedness, NBC Terrorism, Environmental Health & Safety. Organizations to which I belong 1. American Plannin$ Association 2. American Society of Safety Engineers 3. California Police Officers Association 4. Chairman for Loss Control - Temecuin Valley Balloon & Wine Assoc. 5. Past board member for TVBWA - 10 years 6. Past beard member for TTA 7. Member of EDC Southwest Riverside County 8. T V Chamber Of Commerce - Chairman of Economic Outlook Committee 9. Service Oil MAt~'Y ad hoc commiRce$ for public safety, transportation, planning My mason for serving on the PlanninE Commission I have been involved in our city's planning and growth since our incorporation because I care about this community. I wanted to be a pa~ of insurin~ that Temecnla became a city that people would be proud to call HOME, a city that car~ about the health and welfare of its citizens, and a city that promoted fnmily values, end education. Having served on the Public Safety and Transportation commission for 7 years gave me an opportunity to be of service in many ways - as an example, I helped organize the first Public Safely Expo which has become an annual event to show case our terrific public safety family county wide. As a plannlnE Commissioner for the past 6 six years I have worked on ~ specific plans, the mall project, and several infill projects. Having attended several planning conferences and conventions over the years has increased my awareness of p]annlng issues in our county and counlry, and has allowed me to make more informed decisions as to our direction of growth. I believe I am the best candidate fur this position because I Italy care aborn and am committed to the bettennant of our community. I have been blessed to work with a Iremendous city staff, and several outstanding city council members over the years, and honestly believe ltmt Temecuin has become a city that other communities only dresm about becoming. Please allow me the honor of continued service to our great community, by reappointing me to the plannln5 Commissio~ Rest_ ~ly submitted, RECEIVED City of TemeculaII .AY-~ 2003 43200 Business Park Drive Commission AppointSf[~h~ Temecula, CA 92590 www.cityoftemecula.org A p p l i c a t i o n (909) 694-6444 Number of years as a Ci~ of Teme~ula Besident ~ Are you a OiW R~istered EMPLOYER NAME: EMPLOYER ADDRESS: E-MAIL EdUCational Background/Degrees:~ :' ' · ' List a~y or g~ Boa~ommi~ee or Commission on which you have se.ed and the year(s) of, sewice: List any organizations to which you belong (professional, technical, community service): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary.) I understand that ari, Y or all information on this form may be verified. I consent to the release of this info~atiPn for pUbli'c info~ion purposes. · . 4/ o'1 Signature: Date: PleaSe return to: City Cle~'s Office, 43200 Business Park Dri've (909) 694-6444 (OR) MaE to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE I realize ! have no college degree or committee experience. I am, however, an average citizen of Temecula. I am married and have four children and 2 stepchildren. My husband, Mike, and I have lived in Temecula for nearly 5 years with our family and h~ave watched a lot of growth and development. Our family is very active in sports and local community events. We have built our own custom house, and I am somewhat fal~iliar with planning procedures, zoning laws, and the realities of city government structure. I drive primarily in the Temecula Valley area, and perform all the daily functions of an average family mother in Temecula. As my children grow older, I am looking for opportunities to participate more in the local community. I am intelligent and believe myself to be open-minded and fair. I get along well with others, while still maintaining my own identity and beliefs. I can give personal references from many residents who have known me and/or are acquainted with me for years and who could vouch for my commitment to responsibilities. I would like the opportunity to serve on this commission as an intelligent representative of the average resident of Temecula, with no other affiliations or interests. Thank you for your time and attention. Jennifer Harrington 41797 Green Tree Rd. Temecula, CA 92592 909-676-4780 909-545-8878 City ofTemecula i 43200 Business Park Ddve Temecula, CA 92590 www,cityoffemecula,org (9O9) 694-6444 RECEIVED MAY 1 5 2003 · · · ::T'=' C-':-;.,K$ DEPT, Commrss on Appointment Application II Please Check One: __ Planning ~ Community Services ~ Public Traffic Safety Number of years as a City of Temecula Resident 1 month Are you a City Registered Voter? Yes NAME: Nicholas Shestople ADDRESS: 33203 Corte Yaca, Temecula, 92592 OCCUPATION: Retired Civil Engineer DAYTIME PHONE: 909-303-3107 EVENING PHONE: 909-303-3107 EMPLOYER NAME: Retired, US Civil Service (Army Public Works) EMPLOYERADDRESS: E-MAIL n shestople@ earthlink.net Educational Background/Degrees: Amer Society of Civil Engineers, American Planning Associate)n, Boy Scouts List any City or County Beard, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, community service): Amer Society of Civil Engineers, Amedcan Planning Association, Boy Scouts State why you wish to serve on this commission, and why you believe you are quaiifled for the position. Please be specific. (You may attach a separate sheet of paper if necessary.) Although I've lived in the city only since Apdl, I came to Temecuta Wine Country in Dec 2000, so consider myself a resident since then. My background is in Public Works and planning, and I'm very concerned about the future direction of growth in Temacula and SW Riverside County. I would like to be involved in the planning for this inevitable growth; ~ I believe I have much to offer, based on my experience (see attached resume). I understand tha~t/l~/or' // all IJ~formatlol~ thl~rlfled, I consent to the release of this Information for oJ[ / Slgnatu.: /F /v~,'~t~'~_ ~~-~..~ Date: 12 May 2003 __ Please retum to: City Clerk's Office, 43200 Business Park Ddve (909) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Please be aware of the advertised deadline 36320 Via Burgandy Temecula, California 92592 15May 2003 City of Temecula 43200 Business Park Drive Temecula, CA 95290 Gentlemen: Attached is my application for appointment to the Planning Commission, as well as a resume detailing my experience. I believe you will find my technical qualifications meet the requirements of the position. Although I've only lived in the city proper since April, I purchased a house in Wine Country (via Burgandy) in July 1998, and moved here (upon retirement from the Federal Civil Service) in December 2000. Although I've never been to a meeting of the Planning Commission, I've followed the news of the area as reported in the local section of the Press-Enterprise, and consider myself to be fairly knowledgeable. I can be contacted on line at nshestople@earthlink, net, or by telephone at 909-303-3107. HAy 1 2003 CIT~Y CLERKs DEPI:. Telephone: 909-303-3107/Cell 909-313-7886 Page 1 Email: nshestople@earthlink.net 36320 via Burgandy, Temecula, CA 92592-8991 Nicholas Shestople Objective Experience To make a positive contribution to our community. 1982-2000 US Army Europe (USAREUR) Served in Directorate of Public Works at various locations · Chief, Engineer Resource Management Division, Darmstadt, GE (98-00) · Chief, Engineer Resource Management Division, Heidelberg, GE (96-98) · Chief, Buildings and Grounds Division, Heidelberg, GE (94-96) · Chief, Master Planning, Frankfurt, GE, Region (92-94) · Deputy Director, Fulda, GE (91-92) · Deputy Director, Neu-UIm, GE (82-91) As Deputy D/rector, responsible for planning, coordination, implementation and supervision of all matters pertaining to engineering and housing activities for a military community. Supervised division/office chiefs; oversaw operations and established procedures; set priorities for day-to-day operations; assisted in program development and insured accomplishment; supervised energy and environmental programs; managed directorate's civilian personnel (including dealing with Local National Works Councils), and internal control programs; and insured compliance with budget constraints. Served as contracting officer's representative for selected construction, maintenance and repair projects. Worked closely with tenant activities, such as the Department of Defense Dependent Schools, in development and execution of their long and short range capital improvement and maintenance projects, As Chief, Engineer Resource Management Division, responsible for budget development and execution (approximately $30 million/year), and for automation of the entire organization. Moved from Heidelberg to Darmstadt to ass/st transition from in-house work force to Total Maintenance Contract, to coordinate proper interface between contractor's automated systems and the Army's Oracle database, and to develop analysis methods used in determining contractor's Award Fee. Initiated/pe~ procedures for project identification and p#o#tization and work accomplish- ment, leading to increased funding by higher headquarters and capture of year-end funds. Worked closely with customers to ensure their needs were met. In Heidelberg was also responsible for the supply warehouse, as well as for engineering, contracting and project accomplishment of selected projects, and worked closely with the Contracting Office fo expedite contract award and project execution. As Chief, Buildings & Grounds D/v/sion, supervised and directed work of 60 craftsmen--- carpenters, painters, masons, roofers, metalworkers and grounds workers--later reduced to 25. Took aggressive action to reduce turbulence--personnel and missior~--from dewnsizing. Planned and executed successful conversion to contract accomplishment of workload. Developed pest management contract specifica~'ons, which became USAREUR standard. Initiated close contacts with German authorities with positive benefits to the military community. As Chief, Master Planning and Real Property, was responsible for stationing, master planning, and real property actions for the Frankfurt, Darmstadt, and Wiesbaden/Mainz military communities, Primary effort was directed towards closure and return of installations and facilities in Frankfurt to Host Nation autho#ties. Developed SOP/checklist to track milestones and keep the Commander informed. Worked closely with Army Reel Estate Office to resolve myriad problems with landlords and the German Federal Assets Office. Refined procese for developing project priorities and insured project approval. Represented the Commander at meetings with military communities, tenant a~'vities, HQs USAREUR, and Host Nation authorities. MORE Telephone: 909-303-3107/Cell 909-313-7886 Page 2 Email: nshestople~earthlink, net 36320 via Burgandy, Temecula, CA 92592-8991 Nicholas Shestople Education 1980-1982 Facilities Engineer, Letterkenny Army Depot, Chambersburg, PA Responsible for depot's Real Property Maintenance Activity function, including project design and execution, environmental control and coordination, utilities conservation and fire prevention and protection During the last year, supervised the largest construction program in the depot's history since its founding during World War II, due largely to my initiatives to obtain contract Architect and Engineering services through the Baltimore Distdct of the Corps of Engineers. Also responsible for personnel administration within the organization, including dealing with two different unions. 1974-1980 US Army Europe Served in Directorate of Engineering and Housing at various locations · Chief, Facilities Division, Installation Support Activity, HQs, US Army Europe, Heidelberg, GE (78-80) Responsible for proper execution of real property maintenance activities and programs within the United States Army, Europe, including buildings and grounds, utilities, and environmental protection. Monitored the Backlog of Maintenance and Repair program for the command. Conducted special staff studies, and performed staff assistance visits to subordinate commands and military communities. Coordinated activities with lateral, higher (Department of the Army), and subordinate headquarters. Served as member of North Atlantic Treaty Organization (NA TO) facilities maintenance inspection teams. · Deputy Director, Ansbach, GE (75-78) See above · Chief, Utilities Division, Vicenza, IT (74-75) Supervised operation, maintenance and repair of all post utilities. Developed and checked plans and specifications for utilities projects. Managed in-house worktorce. Inspected and supervised work of contractors. Prepared annual and long-range work plans. Established the installation energy conservation, waste recycling and environmental protection programs. 1970-1974 Directorate of Facilities Engineering, Fort Hamilton, NY · Chief, Utilities Division (72-74) · Design Engineer, Engineering Plans and Services Division (70-72) 1962-1970 Active Duty, United States Army (Corps of Engineers) Started as a 2d Lieutenant, ended as Captain. Served three years in Germany as Platoon Leader in a Light Equipment Construction Support Company and later with an Engineer Group Headquarters as assistant Plans Officer and Construction Officer. Served in Saigon, Vietnam, with the Army Public Works (f966-67), returning to Ft. Leonard Wood, Missouri, as a company commander and later as Plans Offcertor a Training Battalion (1~67-68). From 1968-70, was in Vietnam as an advisor to an Engineer Maintenance and Supply Battalion servicing the area from Danang north to the 17th parallel (DMZ). 1973-1974 Baruch College, City University of New York Several Master of Public Administration courses, to compliment MCRP program 1970-1974 Livingston College, Rutgers University, New Brunswick, NJ Enrolled in Master of City and Regional Planning program, completed half the program prior to relocating to Europe. 1957-1962 Noriheastem University, Boston MA B.S. Civil Engineering, Graduated with honor Refdddd4reeee Telephone: 909-303-31071Cell 909-313-7886 Page 3 Email: nshestople~earthlink.net 36320 via Burgandy, Temecula, CA 92592-8991 Nicholas Shestople Refererlcee Additional Training Computer Skills Awards & Recognition Interests Bruce Bateman Clair Gill, MG, USA, Ret LTC Jeffrey Lee Rich Pedersen Tom Uncles 1512 Jasmine Court College Station, TX 77845 Email: bbatemani~taz, tamu.edu Sm ithsonian Institution (202) 357-1873 Email: gillc~ofs.si.edu Brunssum, Netherlands Email: jplee@aol.com Ft. Myers, VA Email: pedersenr@fmmc, army.mil Dpty DPW, 233d BSB APO AE 09165 Email: unclast@bsbdpw,darmstadt, army.mil Additional references available upon request. 1998 Basic and Advanced SQL (1 week) (US Army) 1995 Certificate in Management of Asbestos Abatement (Georgia Tech Univ) 1994 Contracting Officar's Representative (1 week) (US Army) 1991 Personal Management for Executives II (1 week) (Office of Personnel Management ) 1990 Job Order Contracting Management (1 week) (US Army Corps of Engrs) 1989 Organization Leadership for Executives (2 weeks) (US Army) 1989 Facilities Engineering Executive Seminar (2 weeks) (US Army) 1987 MicroStation for Managers (2 Weeks) (Army Corps of Engrs/Intergraph) 1986 Environmental Engineering/Hazardous Waste Management (1 week) (US Army) 1985 Management of Managers (4 Weeks) (Offica of Personnel Management ) 1984 Instructor Training in Prevention of Sexual Harassment (1 week) (US Army) 1983 Housing Management (3 weeks) (Army Logistics Management Center) 1980 Installation Management (4 weeks) (Army Logistics Management Center) 1980 Personal Management for Executives (2 weeks) (Office of Personnel Management) 1974 Facilities Engineering Management (4 weeks), US Army) Knowledgeable in Microsoft Word, Excel, PowerPoint; Adobe Acrobat, Pagemaker, and Photoshop; familiar with MicroStation, Oracle, and SQL Engineer-in-Training (Massachusetts) (1 982) Fellow, Society of American Military Engineers (1998) Silver Beaver Award, Traneatlantic Council, Boy Scouts of America (1998) Commander's Award for Supedor Civilian Service, US Army (1991) Silver-Bronze Award for Philatelic Journalism (COLOPEX 1986) Excellent Performance Rating, 1985, 88, 90, 92, 95, 98, 97, 98, 99, 2000 American History and Government Computers (Macintosh) Military History Reading Boy Scouts Journalism Music (Classical, Jazz) Stamp Collecting