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HomeMy WebLinkAbout092804 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 28, 2004 — 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. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: R:\Agenda\092804 Next in Order: Ordinance: No. 2004-10 Resolution: No. 2004-97 Mayor Mike Naggar Matthew Fagan Pastor Larry Koger of Hope Lutheran Councilman Washington Comerchero, Roberts, Stone, Washington, Naggar VFW Presentation of ongoing activities to support the Veterans' Memorial International Walk to School 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 not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk rp for to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COU14CIL 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 C1X01e38I81:1!I97LIW k 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A RMgenda%092804 3 Review of City Conflict of Interest Code 4 3 C U , 1[i1►>3 3.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION: 4.1 ,Approve the event sponsorship and funding agreement in the amount of $25,000 and City -support costs in the amount of approximately $11,725 for the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Race for the Cure event; 4.2 ,Authorize the Mayor to execute the agreement. RECOMMENDATION: 5.1 ,Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 25004; 5.2 Accept substitute Erosion Control Agreement and Erosion Control Faithful Performance Bond as security for erosion control improvements for Tract Map No. 25004; 5.3 Accept substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 25004; 5.4 Authorize the release of the existing Faithful Performance, Labor and Materials, Erosion Control, and Monumentation Bonds for Tract Map No. 25004; 5.5 Direct the City Clerk to so advise the developer and surety. and other related streets) RECOMMENDATION: 6.1 Adopt a resolution entitled: R:\Agenda\092804 3 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 5T" ANNUAL TEMECULA FALL CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 17, 2004 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT 8 Second Amendment — Professional Services Aareement for Design Services — RECOMMENDATION: 8.1 Approve the Second Amendment to the Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $145,540.00, to provide redesign services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned Wolf Creek Development; 8.2 Authorize the Mayor to execute the amendment. Standard Pacific will fund the cost of the redesign and any increase to construction costs attributable to the new design. First Amendment to Contract Inspection Services for Building and Safetv RECOMMENDATION: 9.1 Approve a First Amendment for Consultant Services with Berryman and Henigar to provide supplemental building inspection services to the Building and Safety Department in an amount not to exceed $78,000 for a total of $103,000; 9.2 Approve a 10% contingency in an amount of $7,800, and approve the term of the agreement extending it until March 28, 2005; 9.3 Approve a First Amendment for Consultant Services with P & D Consultants to provide supplemental building inspection services to the Building and Safety Department in an amount not to exceed $78,000 for a total amount of $103,000; R:\Agenda\092804 4 9.4 Approve a 10% contingency in an amount of $7,800 and approve the term of the agreement extending it until March 28, 2005. 10 Architectural Consulting Services RECOMMENDATION: 10.1 Authorize the Director of Planning to solicit Request for Qualifications (RFQs) from architectural firms to provide consulting services to the Planning Department. 11 Amendment No. 1 to the Temecula Valley Chamber of Commerce Operating Agreement with regard to increasing the funding for the Temecula Valley Convention and Visitors Bureau RECOMMENDATION: 11.1 Approve Amendment No. 1 to the Temecula Valley Chamber of Commerce Operating Agreement with regard to increasing the funding for their Convention and Visitors Bureau in the amount up to $34,000; 11.2 Approve an appropriation from the General Fund designated for the Dutch Villages settlement in the amount of $17,000. 12 Support of Proposition 1A — Protection of Local Government Revenues RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING STATEWIDE BALLOT INITIATIVE PROPOSITION 1A PROTECTING LOCAL GOVERNMENT REVENUES 13 Promenade Mall Storefront Lease Agreement RECOMMENDATION: 13.1 Approve the lease agreement in substantially the form presented, with the changes recommended by the City Attorney, for a Police Department storefront facility in the Promenade Mall beginning October 1, 2004 and terminating after a five-year period; 13.2 Approve the amended and restated agreement for partial funding of police services by and between the City of Temecula and Town Center Associates, L.P.; 13.3 Increase Reimbursement Revenue to the General Fund by $17,500; 13.4 Approve an additional appropriation of $17,500 to Police Department Budget R: Wgenda\092804 14 Rancho California Road Wideninq from 1-15 to Jefferson Avenue/Old Town Front Street, RECOMMENDATION: 14.1 Adopt a Negative Declaration for Fes, 04-113 and direct staff to file the Notice of Determination. 15 California Department of Justice — Drug & Alcohol Analysis/Fingerprinting RECOMMENDATION: 15.1 Approve an annual expenditure of $45,000 with the California Department of Justice for Drug and Alcohol analysis and Fingerprinting services. 16 Upgrade to Schedule of Authorized Positions RECOMMENDATION: 16.1 Approve a position upgrade from Recreation Services Manager to Cultural Arts Administrator in the Community Services Department. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND THE TEMECULA PUBLIC FINANCING AUTHORITY R: Wgenda\092804 Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-12 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of September 14, 2004. 2 Japanese Garden Construction Contract RECOMMENDATION: 2.1 Award a contract to John Werber Construction Landscape, Inc., and authorize the expenditure of $133,066 for the construction of the Japanese Garden at the Temecula Duck Pond and approve a 10% contingency in the amount of $13,307; 2.2 Approve the appropriation of funds in the amount of $60,000 for the additional construction costs from the General Fund Unsecured Fund Balance. R:\Agenda\092804 3 Award the Construction Contract for the Sports Complex - Proiect No. PW01-17CSD RECOMMENDATION 3.1 Award a construction contract for the Sports Complex - Project No. PW01- 17CSD - to Douglas E. Barnhart, Inc., in the amount of $12,150,050.49, which includes the five additive bid items, and authorize the President of the Board of Directors to execute the contract; 3.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,215,005.05, which is equal to 10% of the contract amount; 3.3 Accelerate the appropriate of budgeted funds in FY2005-2006 to FY2004-200'.i in the amount of $3,000,000.00 for the future procurement of synthetic turf soccer fields. DISTRICT BUSINESS 4 Renaming Rancho California Sports Park RECOMMENDATION: 4.1 Consider changing the name of the Rancho California Sports Park to Ronald Reagan Sports Park to honor President Ronald Reagan. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, October 12, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\092804 8 Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-10 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Stone, Roberts, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of September 14, 2004. Annual Contract for Keyser Marston Associates. Inc. for Real Estate Economic and Affordable Housing Consulting Services RECOMMENDATION: 2.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $125,900.00 to provide as -needed Real Estate Economic and Affordable Housing Consulting Services; 2.2 Authorize the Redevelopment Chairperson to execute the agreement. RAAgenda\092804 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, October 12, 2004, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Hgenda\092804 10 Next in Order: Ordinance: No. TPFA 2004-01 Resolution: No. TPFA 2004-10 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL AGENCY MEMBERS: Comerchero, Stone, Roberts, Washington, Naggar 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 24, 2004. AUTHORITY BUSINESS 2 Amendment of Resolutions for Community Facilities District — Rorioaugh Ranch RECOMMENDATION: 2.1 Cancel the originally noticed public hearing and renotice the future public hearing; 2.2 Adopt a resolution entitled: R:\Agenda\092804 11 RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AMENDING RESOLUTION NOS. TPFA 04-08 AND TPFA 04-09 TO ALLOW FOR FINANCING OF ADDITIONAL FACILITIES AND TO CHANGE DATE OF PUBLIC HEARING EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, October 12, 2004, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\092804 12 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 17 RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES (PLANNING APPLICATION 04-0477) 18 Development Code Amendment (Planning Application 04-0297) RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND TO MAKE OTHER MINOR CHANGES (PLANNING APPLICATION 04- 0297) 19 Community Standards Preservation Ordinance IV*WIT, lkriIA►107.1%9 W zA 19.1 Introduce and read by title only an ordinance entitled: R:Wgenda\092804 13 ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 1 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER 1.24 — COMMUNITY STANDARDS PRESERVATION ORDINANCE DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, October 12, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\092804 14 PROCLAMATIONS AND PRESENTATIONS FIr The City of Temecula PROCLAMATION WHEREAS, "Walk to School Week" focuses on the benefits of walking, rather than driving to school, creating cleaner, safer, and environmentally healthier school routes for children; and WHEREAS, this week affords parents the opportunity to spend more time with their children; and WHEREAS, it is important for parents and caregivers to teach children about pedestrian safety and to be aware of the difficulties and dangers that children face on their trip to school each day; and WHEREAS, children, parents, and community leaders around the world are joining together to walk to school and evaluate walking and bicycling conditions in their communities. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim October 4`h through October Wh, 2004 "International Walk to School Week" and encourages everyone to consider the health and safety of children today and everyday. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 28 h day of September, 2004. Michael S. Naggar, Mayor Susan W. Jones, City Clerk ITEM 1 ITEM 2 RESOLUTION NO. 04- 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 $3,535,003.94. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 28`h day of September, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2004/Resos 04- 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. 04- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28l" day of September, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- 1 CITY OF TEMECULA LIST OF DEMANDS 09/09/04 TOTAL CHECK RUN: $ 829,135.94 09/16/04 TOTAL CHECK RUN: 2,349,745.69 08/26/04 TOTAL PAYROLL RUN: 356,122.31 TOTAL LIST OF DEMANDS FOR 09/28/04 COUNCIL MEETING: $ 3,535,003.94 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 531,153.97 165 RDA DEV-LOW/MOD SET ASIDE 20,752.24 190 TEMECULA COMMUNITY SERVICES DISTRICT 236,097.95 192 TCSD SERVICE LEVEL'B' STREET LIGHTS 40,569.79 193 TCSD SERVICE LEVEL'C' LANDSCAPE/SLOPE 20,641.40 194 TCSD SERVICE LEVEL'D' REFUSE/RECYCLING 4,628.95 210 CAPITAL IMPROV PROJECT FUND 1,705,311.83 274 JOHN WARNER AD 50,840.27 280 REDEVELOPMENT AGENCY -CIP PROJECT 15,654.87 300 INSURANCE FUND 1,559.13 320 INFORMATION SYSTEMS 109,262.03 330 SUPPORTSERVICES 11,195.51 340 FACILITIES 68,588.69 390 TCSD COP DEBT SERVICE-TEMEUCLA 01 362,625.00 - $ 3,178,881.63 001 GENERAL FUND 245,468.66 165 RDA DEV-LOW/MOD SET ASIDE 5,621.58 190 TEMECULA COMMUNITY SERVICES DISTRICT 66,014.38 192 TCSD SERVICE LEVEL'B' STREET LIGHTS 110.89 193 TCSD SERVICE LEVEL'C' LANDSCAPE/SLOPE 5,237.55 194 TCSD SERVICE LEVEL'D' REFUSEIRECYCLING 811.25 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,577.95 300 INSURANCE FUND 1,055.14 320 INFORMATION SYSTEMS 19,766.19 330 SUPPORTSERVICES 2,566.95 340 FACILITIES 6,891.77 356,122.31 TOTAL BY FUND: $ 3,535,003. 44 PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST SHAWN NELSON, CITY MANAGER HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. apChkLst Final Check List Page: 1 09/09/2004 4:09:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor Description Amount Paid Check Total 374 09/01/2004 007659 FIRST AMERICAN TITLE Property purch:Winchester PW00-27 82,946.00 82,946.00 375 09/09/2004 000444 INSTATAX (EDD) State Disability Ins Payment 17,408.09 17,408.09 376 09/09/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 66,818.61 66,818.61 377 09/09/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 20,185.44 20,185.44 378 09/09/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 75,093.25 75,093.25 379 09/09/2004 000389 U S C M WEST (OBRA), OBRA • Project Retirement Payment 3,336.20 3,336.20 380 09/09/2004 000245 PERS (HEALTH INSUR. PREMIU PERS Health Admin Cost Payment 60,676.17 60,676.17 94182 09/03/2004 000523 EASTERN MUNICIPAL WATER Eng/Inspection fee for Sprts Cmplx 4,440.00 4,440.00 94183 09/03/2004 000722 S. CALF ASSN CODE Testimony Tm:9/9:Cole:Grove:Voshall 315.00 315.00 94184 09/09/2004 003552 A F L A C AFLAC Cancer Payment 1,709.80 1,709.80 94185 09/09/2004 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 81.72 Pool sanitizing chemicals 34.70 Pool sanitizing chemicals 15.07 131.49 94186 09/09/2004 006915 ALLIE'S PARTY EQUIPMENT Hot Summer Nights equip rental 217.32 Hot Summer Nights equip rental 217.32 434.64 94187 09/09/2004 002877 ALTA LOMA CHARTER LINES Day camp transportation to Castle Prk 1,687.00 1,687.00 94188 09/09/2004 000101 APPLE ONE, INC. Temp help PPE 8/21 GK/AJ 1,123.20 Temp help PPE 8/21 Pee 597.60 Temp help PPE 8/21 Ptacek 540.00 Temp help PPE 8/21 Lee 528.00 Temp help PPE 8/21 Garcia 122.85 2,911.65 Pagel apChkLst 09/09/2004 4:09:50PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 94189 09/09/2004 001323 ARROW HEAD WATER INC Bottled wtr servs @ City Hall 450.15 Bottled wtr servs @ West Wing 205.26 Bottled wtr servs @ CRC 141.18 Bottled wtr sews @ Aquatics 55.39 Bottled wtr servs @ C.Museum 43.13 Bottled wtr servs @ T.Museum 26.16 Bottled wtr servs @ TOO 11.47 Bottled wtr sans @ SMART prgm 123.73 Bottled wtr servs @ TES Pool 61.69 1,118.16 94190 09/09/2004 007513 ATTAR, AMER Reimb: interview panel refreshments 72.79 72.79 94191 09/09/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: R.Shabec/J.Heer 108.00 108.00 94192 09/09/2004 008077 BANKS WELLNESS CENTER Refund:Security Depst: CRC 149.00 149.00 94193 09/09/2004 008078 BEJAR, LEE Refund:Sports-BB Mans League 50.00 50.00 94194 09/09/2004 008073 BEVERUDGE, THOMAS Refund:Sports-BB Mens League 50.00 50.00 94195 09/09/2004 004040 BIG FOOT GRAPHICS Refund: Sports -BB Mans League 50.00 50.00 94196 09/09/2004 008047 BIRTELL, HANNAH Refund: Security Depst:CRC 12/7/04 190.00 190.00 94197 09/09/2004 006721 BOISE CASCADE OFFICE City Hall/West Wing wrkstn furniture 58,882.99 Credit: returned merchandise -1.55 Credit: returned merchandise -7.52 Credit: chrged sales tax on installation -711.84 58,162.08 94198 09/09/2004 008052 BOWLIN, CORRINE Refund: Write your memoir 40.00 40.00 94199 09/09/2004 003502 BUILDING INDUSTRY ASSOC. B Habitat Plan Sem:9/16:Grance 75.00 75.00 94200 09/09/2004 006908 C C & COMPANY INC Hot Summer Nights entertainment 900.00 Concert series entertainment svcs 337.50 1,237.50 94201 09/09/2004 007116 CAL -DUCT, INC. PW Mntc parts for catch basin repairs 41.05 41.05 94202 09/09/2004 000152 CALIF PARKS & RECREATIONS Membership: C.Adkisson-Flohr 0219 125.00 125.00 94203 09/09/2004 008058 CAMPBELL, MIKE Refund: TaeKwonDo-Summer 126.00 126.00 Page2 apChkLst Final Check List Page: 3 09/09/2004 4:09:50PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 94204 09/09/2004 008074 CAVA, LARRY (Continued) Description Amount Paid Check Total Refund: Sports -BB Mans League 50.00 50.00 94205 09/09/2004 008028 CHAVEZ, ANTHONY Refund: Security Depst: MPSC 100.00 100.00 94206 09/09/2004 008069 CHIN, VIKKI Refund: Cotillion -Country Western 6.00 6.00 94207 09/09/2004 002989 CLEAR IMAGE WINDOW CLEA Window cleaning svcs:TCC 250.00 Window cleaning sves:MPSC 176.00 Window cleaning svcs:T.Museum 176.00 602.00 94208 09/09/2004 004017 COMERCHERO, JEFF Reimb: Mayors/Councilmembers:7/28 20.30 20.30 94209 09/09/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 94210 09/09/2004 001923 CONVERSE CONSULTANTS Library Grading Plan Review 2,300.00 2,300.00 94211 09/09/2004 006954 CRAFTSMEN PLUMBING & HVA Plumbing repairs ® Sports Park 140.00 140.00 94212 09/09/2004 003006 DEW ITT CUSTOM PAINTING Res Imp Prgm: Hogan, Eugene 2,600.00 2,600.00 94213 09/09/2004 003945 DIAMOND ENVIRONMENTAL C. Museum portable restrooms 114.95 Bttrfld Stage portable restrooms rental 57.48 172.43 94214 09/09/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: PW Mntc 61353 1,091.10 Fuel for city vehicles: TCSD/Fire 6134 953.53 Fuel for city vehicles:CIP/Land 61345 825.01 Fuel for city vehicles: Planning/Police 400.02 Fuel for city vehicles: Land 61351 285.96 Fuel for city vehicles: Trffc 61953 159.81 Fuel for city vehicles: Code Enforce 53.35 3,768.78 94215 09/09/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 8/20 JH/BJ 5,787.36 Temp help PPE 8/20 Grove 2,213.60 Temp help PPE 8/20 Cammarota 1,403.20 Temp help PPE 8120 Sang 1,320.30 Temp help PPE 8/20 Gutierrez 1,073.89 Temp help PPE 8/20 Jones 848.06 Temp help PPE 8/20 Barreda 542.40 13,188.81 94216 09/09/2004 000395 ECONOMIC DEVELOPMENT CO Otdy Mtg:9/23:Washington 30.00 30.00 94217 09/09/2004 003171 EMPIRE ECONOMICS LLC Jun oonsulting:Roripaugh CFD 01-1 9,500.00 Aug consulting:Roripaugh CFD 01-1 8,000.00 17,500.00 Page3 apChkLst 09/09/2004 4:09:50PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94218 09/09/2004 008029 ERA ALLIANCE REALITY, INC Refund: Security Depst: CRC 100.00 100.00 94219 09/09/2004 008063 ERICSON, KATHY Refund: Cotillion -Country Western 6.00 Refund: Cotillion -Country Western 6.00 12.00 94220 09/09/2004 008034 ESCOBEDO, ABEL Refund: Security Depst: TCC 60.00 60.00 94221 09/09/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments for employee picnic 1,761.71 1,761.71 94222 09/09/2004 001056 EXCEL LANDSCAPE Jul Idscp impr: Sports Park 75.00 75.00 94223 09/09/2004 007903 F.L.I.P. RACING FAST LIFE Refund: Security Depst: CRC 8/20/04 150.50 150.50 94224 09/09/2004 001313 FAGAN, MATTHEW 9/11 Entertainment @ Duck Pond 200.00 200.00 94225 09/09/2004 005954 FAIRMONT HOTEL SAN JOSE HU:Ld Place Mkg Cf:9/13-14:Peters 371.80 371.80 94226 09/09/2004 000165 FEDERAL EXPRESS INC Express mail services 85.62 85.62 94227 09/09/2004 008064 FELDEN, DAHRIS Refund: Cotillion -Country Western 12.00 12.00 94228 09/09/2004 001135 FIRST CARE INDUSTRIAL MED Jul random drug screening 105.00 105.00 94229 09/09/2004 008083 FLORES, GWYN Reimb: O'Neil Software Trng:atl6-19 146.92 146.92 94230 09/09/2004 008044 GAFFNER, LINDA Refund:Level 1 Swim Lessons 30.00 30.00 94231 09/09/2004 008075 GARRETT, STEVE Refund:Sports-BB Mens League 50.00 50.00 94232 09/09/2004 008065 GERKE, JOANNE Refund: Cotillion -Country Western 6.00 6.00 94233 09/09/2004 008032 GRIFFEE, CHRISTIAN Refund:Creative Beg Mom & Me 35.00 35.00 94234 09/09/2004 002104 GRILL ROOM, THE Deposit:Commission Recognitionl0/14 300.00 300.00 94235 09/09/2004 005056 GUTIERREZ, BETH Refreshments: Office Assist Panel 69.60 69.60 PageA apChkLst 09/09/2004 4:09:50PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94236 09/09/2004 008035 GUZMAN, KRISTA Refund: Security Depst: TCC 8/13104 100.00 100.00 94237 09/09/2004 002372 HARMON, JUDY TCSD instructor earnings 564.00 564.00 94238 09/09/2004 004811 HEWLETT PACKARD 45 HP Compaq computers 50,330.02 50,330.02 94239 09/09/2004 002107 HIGHMARK INC Voluntary Supp Life Insurance 650.70 650.70 94240 09/09/2004 007792 HINTON, BEVERLY L. TCSD instructor earnings 112.00 112.00 94241 09/09/2004 005748 HODSON, CHERYL A. Support Payment 11.69 11.69 94242 09/09/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Trust 457 Payment 7,891.35 7,891.35 94243 09/09/2004 002166 INGRAM ELECTRIC repair T.Museum track lighting 110.00 110.00 94244 09/09/2004 004444 INTUIT IT SOLUTIONS Track It software renewal: IS 2,735.00 2,735.00 94245 09/09/2004 008038 JOAQUIN, MANRIQUEZ Refund: Security Depst: TCC 5/6/04 100.00 100.00 94246 09/09/2004 008066 KARMA, VIVIAN Refund: Cotillion -Country Western 12.00 12.00 94247 09/09/2004 008057 KHATCHATURIAN, CHRISTINA Refund: Gymnastics:Eady Tumb 98.00 98.00 94248 09/09/2004 001282 KNORR SYSTEMS INC Pool handle kit & O-ring parts 200.58 Pool valve asm parts 124.36 Credit: Returned valve asm parts -89.95 Credit: Returned value asm parts -136.90 98.09 94249 09/09/2004 000488 KNOTTS BERRY FARM 8/18 SMART excursion admission fee 745.00 745.00 94250 09/09/2004 007321 KOPP, JON R. (RANDY) Parade sound ck in Old Town 450.00 450.00 94251 09/09/2004 008049 KOTIAN, RAJESH Refund: Security Depst: MPSC 100.00 100.00 94252 09/09/2004 001719 L P A INC Jul Library pdt design prgss pmt 247.50 247.50 94253 09/09/2004 008079 LAGUNA HILLS LODGE Htl:Windows Infrastructure tmg:Hafeli 297.00 297.00 Pages apChkLst Final Check List Page: 6 09/09/2004 4:09:5013M CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check k Date Vendor Description Amount Paid Check Total 94254 09/09/2004 003286 LIBRARY SYSTEMS & SERVICE Jul svcs-library system agrmnt 9,135.18 Jul Svcs -library system agrmnt 1,286.90 10,422.08 94255 09/09/2004 004905 LIEBERT, CASSIDY & W HITMOR Jul HR legal svcs for TE060400001 590.00 590.00 94256 09/09/2004 004230 LINCOLN EQUIPMENT INC CPR Signs per health regulations 49.05 49.05 94257 09/09/2004 004087 LOW E'S Misc hardware supplies: TCSD 36.55 Misc hardware supplies: TCSD 33.19 69.74 94258 09/09/2004 008080 LUMINARY SERIES Leadership trng:10/13:Ching 199.00 Leadership trng:10/13:Simpskins 199.00 398.00 94259 09/09/2004 004141 MAINTEX INC Var. Parks custodial supplies 178.22 Sr Ctr custodial supplies 109.41 CRC custodial supplies 95.42 C. Museum custodial supplies 75.66 T. Museum custodial supplies 60.73 TCC custodial supplies 55.80 575.24 94260 09/09/2004 004068 MANALILI, AILEEN TCSD Instructor Earnings 280.00 TCSD Instructor Earnings 255.31 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 63.00 850.31 94261 09/09/2004 001967 MANPOWER TEMPORARY SER Temp help We 08/08 Dankworth 650.17 Temp help We 08/22 Dankworth 526.72 1,176.89 94262 09/09/2004 000217 MARGARITA OFFICIALS ASSN Jul Umpire Svcs: Sports Prgm 1,025.00 1,025.00 94263 09/09/2004 004929 MARK FISHER COMPANY, THE Revise Film Festival Ad: Econ Dev 161.00 161.00 94264 09/09/2004 000220 MAURICE PRINTERS INC document dsgn cover:CIP/CAFR/AOB 734.86 734.86 94265 09/09/2004 008067 MAWBERRY, YVONNE Refund:Cotillion-Country Western 6.00 6.00 94266 09/09/2004 001924 MAXIMUS INC SB 90 Fall Wrkshp:9/21:K.Grance 175.00 175.00 94267 09/09/2004 006571 MELODY'S AD WORKS Mrkt svcs:Antique Show/Howl-O-ween 3,500.00 3,500.00 94268 09/09/2004 003076 MET LIFE INSURANCE MetLife Dental Payment 7,957.50 7,957.50 Page£ apChkLst 09/09/2004 4:09:50PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94269 09/09/2004 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings 768.00 TCSD Instructor Earnings 288.00 1,056.00 94270 09/09/2004 007210 MIDORI GARDENS Jul Ldscp Svcs:Neighborhood Parks 30,000.00 30,000.00 94271 09/09/2004 001384 MINUTEMAN PRESS business cards:(4) Police Officers 171.32 171.32 94272 09/09/2004 004009 MISSION RESOURCE Purchase mitigation credit:R.C.Bridge 15,940.00 15,940.00 94273 09/09/2004 008076 MONEYTREE HOME LOANS Refund:BB Mans League 50.00 50.00 94274 09/09/2004 008055 MONTEGOMERY, CHARLOTTE Refund:Write your memoir 40.00 40.00 94275 09/09/2004 004128 MORAMARCO, ANTHONY J. Refund:BB Mans League 50.00 50.00 94276 09/09/2004 000230 MUNIFINANCIAL levy report/ballots:R. RanchM/olf Crk 3,207.50 3,207.50 94277 09/09/2004 004490 MUSCO SPORTS LIGHTING INC parts for lights @ various park sites 450.43 450.43 94278 09/09/2004 008033 NEELS, CRYSTAL Refund:Sec. Deposit: MPSC 100.00 100.00 94279 09/09/2004 007979 OCE NORTH AMERICA INC Maint svcs for Eng copier in PW 34.90 34.90 94280 09/09/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 377.98 City Vehicle Repair/Maint Svcs 175.33 City Vehicle Repair/Maint Svcs 129.28 City Vehicle Repair/Maint Svcs 65.99 748.58 94281 09/09/2004 001619 ORANGE COUNTY REGISTER I Aug. 8th recruitment ads: H.R. Dept 827.20 827.20 94282 09/09/2004 004538 PAULEY EQUIPMENT COMPAN Mule rental for parade: Code Enforc. 112.00 112.00 94283 09/09/2004 001958 PERS LONGTERM CARE FROG PERS Long Term Care Payment 288.55 288.55 94284 09/09/2004 000249 PETTY CASH Petty Cash Reimbursement 260.30 260.30 94285 09/09/2004 008068 PLANTIER, WENDY Refund:Cotillion-Country Western 6.00 6.00 Page:? apChkLst 09/09/2004 4:09:50PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 94286 09/09/2004 005939 POMMER, APRIL 1. TCSD Instructor Earnings 72.00 72.00 94287 09/09/2004 008056 PORTER, BOBBIE Refund:Write your memoir 40.00 40.00 94288 09/09/2004 005820 PRE -PAID LEGAL SERVICES I Prepaid Legal Services Payment 324.85 324.85 94289 09/09/2004 002880 PRO -CRAFT SASH & SUPPLY Res Imp Prgm: Paisner, Stacey 2,669.00 2,669.00 94290 09/09/2004 008054 PROJECT DESIGNS CONSULTA Refund:Overpmt planning fees 72.00 72.00 94291 09/09/2004 004529 OUAID TEMECULA HARLEY-DA Repair & maint:police motorcycles 3,080.95 3,080.95 94292 09/09/2004 000981 R H F INC Repair/maint radar equip: Police 62.00 Repair/maint radar equip: Police 60.00 Repair/maint radar equip: Police 60.00 182.00 94293 09/09/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 192.08 Various Water Meters 46.13 Various Water Meters 15,117.26 15,355.47 94294 09/09/2004 000947 RANCHO REPROGRAPHICS Dup Blueprints: W.C. Sports Complex 5,048.77 Dup Blueprints: W.C. Sports Complex 1,090.54 6,139.31 94295 09/09/2004 003591 RENES COMMERCIAL MANAGE trash/debris clean-up: City's R-O-Ws 4,250.00 4,250.00 94296 09/09/2004 002110 RENTAL SERVICE CORPORATI Repair/maint equip:PW Maint Div 81.90 81.90 94297 09/09/2004 000352 RIVERSIDE CO ASSESSOR Jul Assessor Maps: B&S Dept. 9.00 9.00 94298 09/09/2004 001592 RIVERSIDE CO INFO Jul emerg radios: Police 1,312.96 1,312.96 94299 09/09/2004 000406 RIVERSIDE CO SHERIFFS DEP July 2004 Booking Fees 5,299.20 5,299.20 94300 09/09/2004 008071 RORIPAUGH RANCH I, LP Refund:Planning Appeals 351.00 351.00 94301 09/09/2004 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 1,008.00 TCSD Instructor Earnings 784.00 1,792.00 94302 09/09/2004 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 955.31 955.31 Pages apChkLst Final Check List Page: 9 09/09/2004 4:09:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check If Date Vendor 94303 09/09/2004 005227 SAN DIEGO COUNTY OF 94304 09/09/2004 006815 SAN DIEGO, COUNTY OF (Continued) Description Amount Paid Support Payment 25.00 Support Payment W05 09/09/2004 008046 SCAMPORINO, MARIANGELA Refund:Tiny Tots:Terrific 3's 94306 09/09/2004 007635 SEARCH SYSTEMS INC Searchcam Victim Loc. Sys: Fire 94307 09/09/2004 008072 SECURITY SPECIALISTS Refund:BB Mans League:Apr-Jul Refund:BB Mans League:Jan-Mar 94308 09/09/2004 004609 SHREDFORCE INC Aug doc shred svcs:Rcrds Mgmt Aug doc shred svcs: P.D. O.T. Sin 94309 09/09/2004 007342 SHUTE, MIHALY & WEINBERGE June 2004 legal services Add'I June 04 legal services 94310 09/09/2004 000751 SKILLPATH INC Conf for Women:l 1/2104:C.D./C.K. 94311 09/09/2004 000645 SMART & FINAL INC 94312 09/09/2004 000537 SO CALIF EDISON 94313 09/09/2004 005160 SOLID INTEGRATION 94314 09/09/2004 000519 SOUTH COUNTY PEST 94315 09/09/2004 007762 STANDARD OF OREGON 94316 09/09/2004 004247 STERICYCLE INC MPSC Supplies Family Fun Night Supplies Aug 2-06-105-0654 Various Mtrs Aug 2-10-331-2153 TCC Sept 2-10-331-1353 Fire Sin 84 Jul 2-19-683-3263 Various Mtrs Sept 2-01-202-7330 Vaiours Mfrs Sept 2-02-351-5281 CRC Sept 2-00-987-0775 V.R. Str. Lamps Aug 2-05-791-8807 Various Mtrs Aug 2-20-798-3248 C. Museum Refund:BB Mens League pest control svcs: Code Enforc. pest control svcs: T. Museum pest control svcs: Maint Fac pest control svcs: Wedding Chpl pest control svcs: Sr Ctr Mandatory Life Insurance Payment medical waste disposal svc:Pammedic 12.50 . rr 15,115.81 50.00 50.00 110.00 24.00 4,801.69 156.20 298.00 116.77 29.50 2,035.71 1,324.33 1,276.41 1,130.64 36,957.80 6,641.34 4,594.06 4,506.85 2,067.59 MKOX 120.00 42.00 40.00 32.00 29.00 2,432.50 94.60 Check Total 25.00 12.50 59.00 15.115.81 100.00 134.00 4,957.89 298.00 60,534.73 50.00 263.00 2,432.50 94.60 Page9 apChkLst 09/09/2004 4:09:50PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check p Date Vendor Description Amount Paid Check Total 94317 09/09/2004 008037 SUPLER, LISSA Refund:Sec. Deposit/Room Rental 187.00 187.00 94318 09/09/2004 008041 TANDY, MARILYN Refund:Write your memoir 40.00 40.00 94319 09/09/2004 000305 TARGET STORE Aquatics Program supplies 75.45 SMART Program supplies 63.01 Summer Day Camp supplies 57.55 SMART Program supplies 45.22 Summer Day Camp supplies 38.75 SMART Program supplies 27.99 307.97 94320 09/09/2004 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3,808.00 3,808.00 94321 09/09/2004 008031 TEMECULA CREEK Refund:Sec. Deposit: CRC 100.00 100.00 94322 09/09/2004 000168 TEMECULA FLOWER CORRAL Sunshine Fund 118.42 118.42 94323 09/09/2004 008082 TEMECULA LODGING, LLC Refund:Deposit:PA02-0643 51,874.00 51,874.00 94324 09/09/2004 004260 TEMECULA STAMP & GRAPHIC Pin check stamps for Fire Prev. 487.71 487.71 94325 09/09/2004 000307 TEMECULA TROPHY COMPAN Fire Explorers recogn. award: Tisdale 83.40 83.40 94326 09/09/2004 008043 TEMECULA VALLEY ETIQUET Refund:Sec.DeposiVRoom Rental 477.06 477.06 94327 09/09/2004 007340 TEMECULA VALLEY FIRE EQUI Fire Extinguisher Maint Svc:B&S Dept. 45.00 Fire Extinguisher Maint:Code Enforc. 30.00 75.00 94328 09/09/2004 004274 TEMECULA VALLEY SECURITY Locksmith svcs: Var. Parks 26.94 26.94 94329 09/09/2004 003715 TMT PATHWAY LLC paint for PW Maint stencil truck 2,389.36 2,389.36 94330 09/09/2004 000319 TOMARK SPORTS INC Sports Program portable mounds 3,101.53 3,101.53 94331 09/09/2004 002452 TOP LINE INDUSTRIAL equip parts for PW Maint Div 207.71 207.71 94332 09/09/2004 005873 TRI AD ACTUARIES INC Child Care Reimbursement Payment 6,092.61 6,092.61 Page:10 apChkLst Final Check List Page: 11 09/09/2004 4:09:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94333 09/09/2004 000459 TUMBLE JUNGLE FITNESS GY TCSD Instructor Earnings 704.00 TCSD Instructor Earnings 704.00 TCSD Instructor Earnings 422.40 1,830.40 94334 09/09/2004 002702 U S POSTAL SERVICE Postage meter deposit 2,592.16 2,592.16 94335 09/09/2004 000325 UNITED WAY United Way Charities Payment 373.00 373.00 94336 09/09/2004 004819 UNUM LIFE INS. CO. OF AMERI Long Term Disability Payment 6,715.99 6,715.99 94337 09/09/2004 004504 VAIL RANCH SELF STORAGE Sept offsite audio/video storage 30.00 30.00 94338 09/09/2004 008051 VAZOUEZ, LEA Refund:Yoga Postnatal 52.00 52.00 94339 09/09/2004 004261 VERIZON Dec -Jul xxx-5473 T.E.S. Pool 252.55 Aug xxx-5509 general usage 149.63 Aug xxx-1540 O.T. Parking 89.90 Aug xxx-5473 T.E.S. Pool 42.95 Aug xxx-1999 general usage 35.76 Aug xxx-0049 general usage 31.21 Aug xxx-5780 general usage 30.40 Aug xxx-5840 general usage 30.40 Aug xxx-2629 Nagger 29.18 Aug xxx-2730 elevator 28.52 Aug xxx-2670 911 Auto Dialer 27.98 748.48 94340 09/09/2004 004279 VERIZON CALIFORNIA INC. Aug access -CRC phone line 348.48 Aug access-Rvsd Co phone line 292.72 641.20 94341 09/09/2004 007169 VSD VENTURES, INC. Refund:Sec. Deposit:CRC 8/19 100.00 100.00 94342 09/09/2004 003730 WEST COAST ARBORISTS INC Jul Citywide tree trimming maint svcs 2,057.50 Aug Citywide tree trimming maint svcs 1,155.00 3,212.50 94343 09/09/2004 000339 WEST PUBLISHING CORP Jul -Aug City Hall Judicial Updates 84.06 84.06 94344 09/09/2004 000621 WESTERN RIVERSIDE COUNC July 2004 TUMF fees 19,950.00 19,950.00 94345 09/09/2004 000621 WESTERN RIVERSIDE COUNC FY 04/05 Solid Waste Co-op Prgm 3,972.00 3,972.00 94346 09/09/2004 008048 WHITEHEAD CONSTRUCTION Refund:Sec.Deposit: MPSC 100.00 100.00 Page:11 apChkLst Final Check List Page: 12 09/09/2004 4:09:50PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94347 09/09/2004 008070 WILLIAMS, LORENA Refund:Cotillion-Country Western 6.00 6.00 94348 09/09/2004 004829 W ILSON GROUP LLC, THE Sep State lobbyist Svcs for City issues 3,500.00 3,500.00 94349 09/09/2004 008045 WILSON, MICHELLE Refund:Tiny Tots:Terrific 3's 55.00 55.00 Grand total for UNION BANK OF CALIFORNIA: 829,135.94 Page:12 apChkLst Final Check List Page: 1 09/16/2004 12:10:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 381 09/15/2004 005460 U S BANK 94350 09/10/2004 003347 FIRST BANKCARD CENTER Description TCSD CDP's Debt Svc Pmt 004162 MONSTER.COM GY Jul internal ads: 5 positions 007243 BROOKSTONE GY EE service award 004074 PARTY CITY OF TEMECULA IN GY Citzen Crop volunteer recognition 007651 FILIPPIS PIZZA GROTTO GY Refreshments: Federal Lobbyist 008086 99 CENTS ONLY STORE GY Citzen Crop volunteer recognition 94351 09/10/2004 008087 L & M TIRE COMPANY 40915 & 40917 Winchester Rd 94352 09/10/2004 008088 JAMES FRANK D'ANGELO, TRU 40915 & 40917 Winchester Rd 94353 09/10/2004 008089 JUBELA FAMILY LIMITED PART 40915 & 40917 Winchester Rd 94354 09/16/2004 007759 1ST CHOICE WINDOWS, INC Res Imp Prgm: Petricka, Jeffrey 94355 09/16/2004 004973 ABACHERLI, LINDI TCSD instructor earnings TCSD instructor earnings 94356 09/16/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening DUI Drug & Alcohol Screening 94357 09/16/2004 004431 AMERICAN PAYROLL INSTITU Year -End Payroll Sem:11/17:MJ 94358 09/16/2004 000101 APPLE ONE, INC. 94359 09/16/2004 003376 ARTS COUNCIL, THE 94360 09/16/2004 000475 B N I PUBLICATIONS INC Temp help PPE 8/21 Wills Temp help PPE 9/4 Wills Temp help PPE 8/28 Kasparian Temp help PPE 9/4 Kasparian Temp help PPE 9/4 Pee Temp help PPE 8/28 Wills Temp help PPE 8/28 Lee Temp help PPE 914 Lee Temp help PPE 8/28 Pee Temp help PPE 8/28 Ptacek Fall/Country Concert grant funds Book: Greenbook Standards manuals Amount Paid 362,625.00 1,350.00 56.44 55.38 37.60 28.80 10,555.00 1,786.00 1,786.00 442.80 170.48 292.50 68.90 339.00 697.60 697.60 660.15 648.00 580.80 558.08 528.00 528.00 524.10 54.00 22,000.00 349.35 Check Total 362,625.00 1,528.22 10,555.00 1,786.00 1,786.00 5,000.00 613.28 361.40 339.00 5,476.33 22,000.00 349.35 Page:1 apChkLst 09/16t2004 12:10:OOPM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94361 09/16/2004 002541 BECKER CONSTRUCTION SRV Citywide Channel Repairs: PW 17,400.00 17,400.00 94362 09/16/2004 004778 BERRYMAN & HENIGAR INC Aug temp B&S inspector help:Grance 11,544.00 11,544.00 94363 09/16/2004 004040 BIG FOOT GRAPHICS Entertainment for Family Fun Night 100.00 100.00 94364 09/16/2004 006721 BOISE CASCADE OFFICE Office Supplies: Planning 70.82 70.82 94365 09/16/2004 000128 BROWN & BROWN OF CALIF. I Bond Renewal: J. O'Grady 350.00 350.00 94366 09/16/2004 005889 BROWN, PASCALE Reimb: Office equip from Walmart 138.70 138.70 94367 09/16/2004 004225 BURL SLONE COUNTRY MUSIC 7/23 summer nights entertainment 100.00 100.00 94368 09/16/2004 002099 BUTTERFIELD ENTERPRISES Sept Old town restroom lease pmt 826.00 826.00 94369 09/16/2004 006908 C C & COMPANY INC Summer Concert Series Entertainm 562.50 562.50 94370 09/16/2004 003138 CAL MAT PW patch truck materials 3,052.47 3,052.47 94371 09/16/2004 008096 CALAC, SHAWNA Refund: Dance-Salsarrango 65.00 65.00 94372 09/16/2004 000484 CALIF ASSN FOR LOCAL Membership: S.Nelson 465.00 465.00 Page2 apChkLst Final Check List Page: 3 09/16/2004 12:10:00PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94373 09/16/2004 004248 CALIF DEPT OF JUSTICE/ACCT Apr 04 DUI screening 3,920.00 Mar 04 DUI screening 3,045.00 Feb 04 DUI screening 2,975.00 Jan 04 DUI screening 2,625.00 June DUI screening 1,960.00 May/Jun 03 DUI screening 770.00 OcUNov/Dec 03 DUI screening 735.00 Jul 03 DUI screening 280.00 Apr 02 DUI screening 105.00 Nov 03 DUI screening 70.00 Credit: May 03 DUI screening -35.00 Credit: Nov 03 DUI screening -70.00 Credit: Feb/Mar 02 DUI screening -175.00 Credit: Jun 04 DUI screening -175.00 Credit: Dec 03/Jan 04 DUI screening -735.00 Credit: Sept 03 DUI screening -945.00 Credit: Feb/Mar 04 DUI screening -1,120.00 Credit: Nov DUI screening -1,365.00 Credit: Feb 04 DUI screening -1,435.00 Credit: Oct 03 /Nov 01 DUI screening -1,610.00 Credit: Aug 03/Sept 04 DUI screening -1,610.00 Credit: Dec 03 DUI screening -1,750.00 Credit: Jun 04 DUI screening -2,135.00 Credit: Mar 04 DUI screening -2,940.00 385.00 94374 09/16/2004 004248 CALIF DEPT OF JUSTICE/ACCT Fingerprinting ID svcs:Police/HR 2,569.00 2,569.00 94375 09/16/2004 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 29.18 29.18 94376 09/16/2004 006075 CAMPBELL, KENTON SCOTT Imagination Workshop Temecula 741.60 741.60 94377 09/16/2004 008058 CAMPBELL, MIKE Refund:3 Kids:Luv Soccer 235.00 235.00 94378 09/16/2004 007980 CANDLE BOUTIQUE & GIFTS L Floating candles for 9-11 Event 1,621.00 1,621.00 94379 09/16/2004 004971 CANON FINANCIAL SERVICES, Sept lease pmt for City's copiers 6,930.78 6,930.78 94380 09/16/2004 000131 CARL WARREN & COMPANY I Aug Claim adjuster services 362.08 362.08 94381 09/16/2004 004837 CHERRY VALLEY FEED & PET Police K-9 food supplies 59.80 59.80 94382 09/16/2004 000137 CHEVRON U S A INC Police dept vehicles fuel expense 537.03 City Mgr vehicles fuel expense 39.01 576.04 Page3 apChkLst 09/16/2004 12:10:OOPM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 94383 09/16/2004 004210 CIRCUIT CITY TV for CRC Teen Room 226.25 226.25 94384 09/16/2004 008093 COBB, DONNA Res Impr Prgm: Cobb, Donna 595.13 595.13 94385 09/16/2004 000442 COMPUTER ALERT SYSTEMS Oct/Nov/Dec alarm monitoring svcs 1,659.00 1,659.00 94386 09/16/2004 003986 COZAD & FOX INC Diaz Realign legal descriptions 1,760.00 1,760.00 94387 09/16/2004 003272 DAISY WHEEL RIBBON Plotter Paper & Ink:GIS Division 496.77 496.77 94388 09/16/2004 001393 DATA TICKET INC Jul Parking citation processing 502.36 502.36 94389 09/16/2004 003945 DIAMOND ENVIRONMENTAL SMART portable restroom rentals 42.95 SMART portable restroom rentals 37.90 80.85 M90 09/16/2004 004263 DISPLAY TECH EXHIBITS New backlit header for Eco booth 463.79 463.79 94391 09/16/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: B&S 61348 554.37 Fuel for city vehicles: Cashier's 61863 78.69 Fuel for city vehicles: Code Enf 61384 67.11 700.17 94392 09/16/2004 001669 DUNN EDWARDS CORPORATI Supplies for graffiti removal 136.06 Supplies for graffiti removal 39.32 175.38 94393 09/16/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 9/3 Jones 2,089.86 Temp help PPE 9/3 Sang 1,304.00 Temp help PPE 9/3 Gutierrez 1,192.80 Temp help PPE 9/3 Barreda 1,084.80 5,671.46 94394 09/16/2004 003223 EDAW INC July Bio Svcs: Pala Rd Bridge 750.00 750.00 94395 09/16/2004 003665 EMERITUS COMMUNICATIONS Aug long distance phone svcs 25.92 25.92 94396 09/16/2004 002438 ENGEN CORPORATION Jul Geotech test:SR 79S pdt 575.00 575.00 94397 09/16/2004 005115 ENTERPRISE RENT A CAR INC Van rental for teen excursion 8111 282.37 282.37 94398 09/16/2004 000165 FEDERAL EXPRESS INC Express mail services 109.65 Express mail services 105.96 Express mail services 83.84 299.45 Page:4 apChklst Final Check List Page: 5 09/16/2004 12:10:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 94399 09/16/2004 001135 FIRST CARE INDUSTRIAL MED Employee first aid care Employee first aid care New hires physicals & drug screening Employee first aid care Employee first aid care 94400 09/16/2004 004239 FISHER SEHGAL YANEZ INC Architectural design:Old Town Theater 94401 09/16/2004 008095 GELSOMINO-ALAIMO, FRANCE Refund: Security Depst: TCC 6/17 94402 09/16/2004 006595 GFI USA INC Virus/Spam Protection license renewal 94403 09/16/2004 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire Office Supplies: Human Resource Office Supplies: Bldg & Safety Office Supplies: Info System Office Supplies: City Mgrs Office supplies: PW Office Supplies: Central Svcs Office supplies: CRC/Aquatics 94404 09/16/2004 005768 GLOBAL ELECTRIC MOTOR CA Mudguards for Fire Prevention vehicle 94405 09/16/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prevention 94406 09/16/2004 004092 H IS INTERNATIONAL TOURS I Airfare to sister city:Nakayam 94407 09/16/2004 005311 H2O CERTIFIED POOL WATER Aug CRC/TES Pool Svcs 94408 09/16/2004 000186 HANKS HARDWARE INC 94409 09/16/2004 008094 HARMON-SCOTT. KELLY Hardware supplies: TCSD Hardware supplies: PW/TCSD Hardware supplies: STN 94 & 8 Hardware supplies: B&S Hardware supplies: SMART prgm Hardware supplies: PW Hardware supplies: City Hall Hardware supplies: TCC Hardware supplies: C. Museum Hardware supplies: CRC Hardware supplies: Sr Ctr T. Museum Exhibit supplies Refund:Martial Arts -Women Self-Def. Amount Paid 258.96 137.43 110.00 72.25 2.00 830.19 100.00 2,725.20 1,916.51 614.70 605.71 379.86 299.23 166.55 55.43 2.81 148.01 33.28 3,030.00 2,346.50 1,465.07 572.32 219.06 166.98 150.03 145.76 130.87 89.88 65.72 61.56 53.82 6.18 Check Total 580.64 830.19 100.00 2,725.20 4,040.80 148.01 33.28 3,030.00 2,346.50 3,127.25 20.00 Pages apChkLst Final Check List Page: 6 09/16/2004 12:10:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94410 09/16/2004 004811 HEWLETT PACKARD Intel xeon processor 3.2 GHZ S 14,380.32 Councilmembers computer Notebooks 7,861.44 HP Color laser jet printers 6,557.66 Councilmembers computer Notebooks 4,850.91 33,650.33 94411 09/16/2004 002126 HILLYARD FLOOR CARE SUPPL CRC Gym floor cleaning supplies 2,561.17 2,561.17 94412 09/16/2004 006057 IKON OFFICE SOLUTIONS, INC Old Town Specific Plan Document 4,810.00 4,810.00 94413 09/16/2004 004911 IMBSEN & ASSOCIATES INC Jul -Aug Ynez Bridge design svcs 4,520.18 4,520.18 94414 09/16/2004 006713 INTEGRATED MEDIA SYSTEMS upgrade Stn 84 trng audiovisual syste 2,966.42 2,966.42 94415 09/16/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 368.72 Pool sanitizing chemicals 317.86 686.58 94416 09/16/2004 003266 IRON MOUNTAIN OFFSITE Jul Records mgmt microfilm storage u 410.75 Aug Records mgmt microfilm storage 410.75 821.50 94417 09/16/2004 007727 JEWETT, BRIAN Refund:Sports:BB Fundamentals 75.00 75.00 94418 09/16/2004 003046 K F R O G 95.1 FM RADIO Hot Summer Nights broadcasting svcs 2,064.00 2,064.00 94419 09/16/2004 001091 KEYSER MARSTON ASSOCIAT Affordable housing devel reviews 2,550.13 2,550.13 94420 09/16/2004 001719 L P A INC Aug prgss of T.Library design svcs 6,118.71 Aug prgss of T.Library design svos 4,399.93 10,518.64 94421 09/16/2004 006744 LAMAR CORPORATION, THE Sept old town billboard advertisement 2,700.00 2,700.00 94422 09/16/2004 002863 LAWSON PRODUCTS INC Catch Basin crew hardware supplies 80.86 80.86 94423 09/16/2004 004850 LIBERTY COLLISION CENTER Repair Dodge van sliding door 230.00 230.00 94424 09/16/2004 003286 LIBRARY SYSTEMS & SERVICE Aug svcs-library system agrmnt 12,616.66 12,616.66 94425 09/16/2004 003726 LIFE ASSIST INC Supplies for Paramedic squad 300A7 300.47 94426 09/16/2004 004807 LINE X OF TEMECULA Bedliner for Code Enforcement vehicle 450.00 450.00 Paget apChkLst Final Check List Page: 7 09/16/2004 12:10:00PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94427 09/16/2004 000213 LOCAL GOVERNMENT COMMIS 17 Books: "Real Towns" 80.16 80.16 94428 09/16/2004 004697 LOWES HIW INC Misc hardware supplies: Sin 92 94429 09/16/2004 003782 MAIN STREET SIGNS Sign hardware: PW mntc division 94430 09/16/2004 004141 MAINTEX INC Custodial Supplies: C. Museum Custodial Supplies: CRC Custodial Supplies: Maint Fee Custodial Supplies: City Hall 94431 09/16/2004 001967 MANPOWER TEMPORARY SER Temp help We 07/04 Dankworth/Norto Temp help We 08/29 Dankworth Temp help We 07104 Karp 94432 09/16/2004 000217 MARGARITA OFFICIALS ASSN Aug Sports Prgm Officiating Srvcs 94433 09/16/2004 001256 MARRIOTT HOTEL Htl:EnCase Analysis/Rprt G56:9/20-23 94434 09/16/2004 003800 MCLAUGHLIN ENGINEERING Prgs pmt #11: J.W. Rd impry 94435 09/16/2004 007210 MIDORI GARDENS 94436 09/16/2004 007669 MILES, KATRINA 94437 09/16/2004 008091 MILLMORE'S WAX CREW irrigation repairs: Vail Ranch Park irrigation repairs: Duck Pond irrigation repairs: Vail Ranch irrigation repairs: Sam Hicks Park irrigation repairs: Vail Ranch Park irrigation repairs: Veterans Park irrigation repairs: Winchester Park irrigation repairs: Loma Linda Park TCSD Instructor Earnings PW boom truck maint detailing svcs 94438 09/16/2004 004002 MILNER SIGNS cubicle nameplate Iettering:BM/I.S.St 94439 09/16/2004 004144 MINAGAR & ASSOCIATES, INC. Mar -Aug dsgn svcs: I.T.S. Depl 70.75 517.20 229.67 219.07 189.39 123.19 799.95 658.40 30.08 610.08 50,840.27 336.33 284.68 276.40 250.65 233.68 218.74 158.98 133.45 K•• 11' 85.00 58.08 5,833.00 70.75 517.20 r[:ti1RY.' 1,488.43 3,450.00 610.08 50,840.27 1,892.91 399.00 85.00 58.08 5,833.00 Page:7 apChkLst Final Check List Page: 8 09/16/2004 12:10:00PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94440 09/16/2004 001384 MINUTEMAN PRESS business cards: JD/TT/KK/PC/TH 574.31 Business Cards: Bldg Inspectors 500.34 business cards: H. Parker 114.86 business cards: Police (CAP) 95.83 Credit: Incorrect billing price -10.17 1,275.17 94441 09/16/2004 008090 MOBILE PC Mobile PC subscr: I. S. Dept. 12.00 12.00 94442 09/16/2004 002037 NEXUS INTEGRATION SERVICE Cabling:C.H. space plan reconfigurati 2,938.06 2,938.06 94443 09/16/2004 002139 NORTH COUNTY TIMES Aug var. public ntcs:City Clerk/PINPW 1,236.84 Jul display ads: TCSD/RDA 1,211.04 Aug Hot Smr Night ads: RDA 1,000.00 Aug recruit ads for H.R. Dept. 823.60 Aug Hot Smr Nights ads: RDA 351.72 4,623.20 94444 09/16/2004 006140 NORTH JEFFERSON BUSINESS Jul -Sep Dues: Lot 20/PM 23561-2 500.64 Credit: Billing Correction -53.64 447.00 94445 09/16/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 497.42 City Vehicle Repair/Maint Svcs 69.13 City Vehicle Repair/Maint Svcs 50.00 City Vehicle Repair/Maint Svcs 40.00 656.55 94446 09/16/2004 002668 OMEGA LAKE SERVICES Aug Duck Pond water maint. svcs 1,458.50 1,458.50 94447 09/16/2004 001171 ORIENTAL TRADING COMPANY TCC Halloween supplies 131.00 131.00 94448 09/16/2004 001354 P C MAGAZINE PC Magazine:l.S. Opt.:301285 HFE 25.00 25.00 94449 09/16/2004 006939 PAINT CONNECTION, THE Res Imp Prgm: Reitz, Leonard & Editz 2,250.00 2,250.00 94450 09/16/2004 001248 PAPER DIRECT INC Supplies for 9/11 event 35.93 35.93 94451 09/16/2004 003218 PELA Aug pin ck svcs: Planning Opt. 8,610.00 Aug plan check svcs: TCSD 8,361.00 April & Jul pin ck svcs: Roripaugh 946.00 17,917.00 94452 09/16/2004 000249 PETTY CASH Petry Cash Reimbursement 211.66 211.66 94453 09/16/2004 000580 PHOTO WORKS OF TEMECULA Aug film/photo dev:TCSD/PW 167.50 167.50 94454 09/16/2004 007271 PINSON, JILL Refund:Creative Beg's Mom & Me 25.00 25.00 Pages apChkLst Final Check List Page: 9 09/16/2004 12:10:00PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 94465 09/16/2004 000253 POSTMASTER Express Mail & Postal Svcs 190.40 190.40 94456 09/16/2004 000254 PRESS ENTERPRISE COMPAN Aug concert/movie series ad: TCSD 228.00 228.00 94457 09/16/2004 008092 PUCCINELLI, JEFFREY Refund: Gymnastics -Tumbling Tot 83.00 83.00 94458 09/16/2004 004029 R J M DESIGN GROUP INC Jul dsgn svcs: W.C. Sports Complex 6,219.19 6,219.19 94459 09/16/2004 004457 R J NOBLE COMPANY Prgs Pmt #7: R.C. Rd Widening 89,248.43 89,248.43 94460 09/16/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 10,868.12 Various Water Meters 1,030.74 Various Water Meters 73.63 11,972.49 94461 09/16/2004 000947 RANCHO REPROGRAPHICS Dup. blueprints:Winchester Rd 115.40 115.40 94462 09/16/2004 000526 REGENTS OF UNIVERSITY OF Sep -Oct Leadership Academy: Adams 1,250.00 1,250.00 94463 09/16/2004 000526 REGENTS OF UNIVERSITY OF Sep -Oct Leadership Academy: Meyer 1,250.00 1,250.00 94464 09/16/2004 000526 REGENTS OF UNIVERSITY OF Sep -Oct Leadership Academy: Hazen 1,250.00 1,250.00 94465 09/16/2004 002110 RENTAL SERVICE CORPORATI small equip repairs: PW 40.17 40.17 94466 09/16/2004 006483 RICHARDS, TYREASHA I. TCSD Instructor Earnings 200.00 TCSD Instructor Earnings 96.00 296.00 94467 09/16/2004 000418 RIVERSIDE CO CLERK& Jul -Aug copy fees:TCSD/PW 5.00 5.00 94468 09/16/2004 000406 RIVERSIDE CO SHERIFFS DEP FY04/05 member agency assessment 64,500.00 64,500.00 94469 09/16/2004 007830 ROAD BUILDERS INC Prgs Pmt #2: Pechanga Pkwy Ph II 293,341.95 293,341.95 94470 09/16/2004 003544 ROBERT SHEA PERDUE REAL Appraisal svcs: 1-15779S Interchange 18,000.00 18,000.00 94471 09/16/2004 000278 SAN DIEGO UNION TRIBUNE Aug recruitment ads for H.R. Dept. 1,742.91 1,742.91 Page9 apChkLst Final Check List Page: 10 09/16/2004 12:10:00PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 94472 09/16/2004 007603 SCHRAMM, NANCY L. 94473 09/16/2004 007930 SHAFTON INC (Continued) Description Amount Paid Check Total TCSD Instructor Earnings 141.60 TCSD Instructor Earnings 140.40 TCSD Instructor Earnings 138.80 TCSD Instructor Earnings 108.40 529.20 Sparky the Fire Dog Costume: Fire Pr 1,065.00 1,065.00 94474 09/16/2004 004814 SIMON WONG ENGINEERING I Jul dsgn Svcs: Main Street Bridge 94475 09/16/2004 007460 SIMPSON, JASON Adv. Eden Conf: 9/21-23104 94476 09/16/2004 003804 SKYHAWKS SPORTS ACADEM TCSD Instructor Earnings TCSD Instructor Earnings 94477 09/16/2004 000645 SMART & FINAL INC MPSC mist supplies Misc supplies:Team PACE C. Museum supplies 94478 09/16/2004 000537 SO CALIF EDISON Sept 2-01-202-7603 Arterial St. Lt. Aug 2-00-397-5059 Various Mfrs Aug 2-24-151-6582 Various Mira 94479 09/16/2004 001212 SO CALIF GAS COMPANY Sept 095-167-7907-2 Fire Sin 84 94480 09/16/2004 000519 SOUTH COUNTY PEST 94481 09/16/2004 004496 SPARKS EXHIBITS & 94482 09/16/2004 000293 STADIUM PIZZA 94483 09/16/2004 003840 STRONGS PAINTING 94484 09/16/2004 003599 T Y LIN INTERNATIONAL Pest control Svcs: P.D. Caboose final prgs pmt: C. Museum Rfrshmnts:Day Camp staff mtg: 8/20 refurbish wooden barrels/benches:O.T Painting Svcs: R.C. Rd Medians Painting Svcs: Maint Fac Jul constr support: R.C.Bridge 94485 09/16/2004 000305 TARGET STORE MPSC mist supplies Summer Day Camp supplies 94486 09/16/2004 006896 TEMECULA MUSIC ACADEMY I TCSD Instructor Earnings TCSD Instructor Earnings 94487 09/16/2004 007250 TETRA TECH INC Jul dsgn svcs: Rnbw Cyn Rd guardrail 9,645.38 300.00 1,932.00 1,656.00 98.71 87.57 82.24 13,761.56 4,828.30 563.33 117.73 29.00 57,231.87 119.56 5,500.00 1,200.00 1,150.00 600.00 81.15 31.90 60.00 60.00 2,459.61 9,645.38 300.00 3,588.00 268.52 19,153.19 117.73 29.00 57,231.87 119.56 7,850.00 600.00 113.05 120.00 2,459.61 Page:10 apChkLst Final Check List Page: 11 09/16/2004 12:10:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 94488 09/16/2004 000459 TUMBLE JUNGLE FITNESS GY TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 94489 09/16/2004 004435 US CONFERENCE OF MAYORS P/P Partnership award entry tee 94490 09/16/2004 007766 UNDERGROUND SERVICE ALE Underground svcs alert tickets:PW 94491 09/16/2004 002065 UNISOURCE Paper Supplies for City Hall 94492 09/16/2004 004261 VERIZON Aug x -1408 P.D. O.T. Sin Sept vx-1941 PTA CD TTACSD Sept xxx-3851 general usage 94493 09/16/2004 004789 VERIZON INTERNET SOLUTION Internet svcs/EOC backup @ sin 84 94494 09/16/2004 001544 YEAGER SKANSKA INC Prgs port #4: Pechanga pkwy pdt Amount Paid Check Total 494.40 352.00 352.00 352.00 281.60 1,832.00 100.00 100.00 112.00 112.00 1,684.18 1,684.18 362.27 57.43 39.98 459.68 72.35 72.35 1, 080, 851.40 1,080,851.40 Grand total for UNION BANK OF CALIFORNIA: 2,349,745.69 Page:11 apChkLst Final Check List Page: 12 09/16/2004 12:10:OOPM CITY OF TEMECULA 146 checks in this report. Grand Total All Checks: 2 349 746.69 Page:12 ITEM 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council 1 APPROVAL CITY ATTORNEY DIRECTOR OF FINi CITY MANAGER 4 FROM: usan W. Jones, City Clerk/Director of Support Services DATE: eptember 28, 2004 SUBJECT: Review of City Conflict of Interest Code RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE BACKGROUND: Government Code Section 87306.5 requires that the Fair Political Practices Commission (FPPC — Code reviewing body) direct each local agency to review its Conflict of Interest Code each even numbered year. If a change were necessitated, an amended Conflict of Interest Code must be submitted to the FPPC. The City Attorney has reviewed the City's Code and has indicated the necessity to amend Exhib.,t A (Designated City of Temecula Employees and Disclosure Categories) by deleting and adding the following positions: Delete Information Systems Manager Traffic Engineer Add Construction Manager Director of Information Systems GIS Administrator Senior Debt Analyst Theater Manager ATTACHMENTS: Resolution No. 04- Tim Thorson Position Upgraded to Principal Engineer - Bill McAteer - Tim Thorson - John Degange - Polly Von Richter - Open R:IAGENDA REPORTSICONFCICT OF INTEREST CODE 2004.DOC 9116104 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CITY'S CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City; and WHEREAS, the City Council of the City of Temecula desires to amend the Conflict of Interest Code to update its provisions; and Section 1. The Conflict of Interest Code for the City of Temecula is hereby amended in full to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of September, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:Resos 2004-FPPC Reso 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. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of September, 2004, by •the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CITE City Clerk R:Resos 2004-FPPC Reso SECTION 7. EXHIBIT A DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Assistant City Manager 1 Assistant to the City Manager/HR Director 1 Assistant Finance Director 1 Chief of Police 1 City Clerk/Director of Support Services 1 City Engineer/Director of Public Works 1 Construction Manager 1 ConsultantT 1 Deputy Building Official 1 Deputy City Manager 1 Director of Building and Safety 1 Director of Community Services 1 Director of Information Systems 1 Deputy Director of Community Services 1 Deputy Director of Public Works 1 Exempt Officials—> 0 Fire Chief 1 Fiscal Services Manager 1 GIS Administrator 1 Information Systems Administrator 1 Maintenance Superintendent 1 Principal Engineer 1 Principal Planner 1 Property Agent 1 R:IAGENDA REPORTSICONFLICT OF INTEREST CODE 2004.DOC 9116104 Recreation Superintendent Revenue Manager Senior Accountant Senior Building Inspector Senior Debt Analyst Senior Management Analyst Theater Manager Senior Planner Members of all City Commissions, Boards, and Committees not otherwise required to file Conflict of Interest Statements Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitations: The City Manager or his or her designee may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this; Conflict of Interest Code. —> The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Director of Finance are all required to file disclosure statements pursuant to State law and thus are not included herein. R:IAGENDA REPORTSI CONFLICT OF INTEREST CODE 2004.DOC 9116104 ITEM 4 APPROVA CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manag� DATE: September 28, 2004 SUBJECT: Approve The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Race for the Cure Sponsorship and Funding Agreements. PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council: 1. Approve the event sponsorship and funding agreement in the amount of $25,000 and City -support costs in the amount of approximately $11,725 for the Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Race for the Cure event and authorize the Mayor to execute the agreement. BACKGROUND: Staff has received a sponsorship and grant funding request from The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation for the Race for the Cure event. The Economic Development Subcommittee, consisting of Mayor Pro Tern Jeff Comerchero and Councilmember Ron Roberts, and Staff met to discuss the Economic Development funding requests on March 30, 2004. The subcommittee's recommendations for The Susan G. Komen Race for the Cure were incorporated in the City's FY 2004-05 Operating Budget, which was approved by the City Council on Tuesday, June 8, 2004. Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Staff has received a request from The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation, to provide City -support costs in the amount of approximately $11,725 for The Race for the Cure event and $25,000 cash which will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. The 61h annual Inland Empire Race will be held at the Promenade Mall in Temecula, corner of Ynez and Winchester Roads, on Sunday, October 17, 2004. \\San3\city manager\WolnickgWgendareports\Race for the Cure'04.doc This event is family -oriented, with something for everyone. In addition to the Team Competition, the schedule includes Women's and Coed 5K Run/Walks, a family one - mile Fun Run/Walk, live entertainment, exhibits, Kids' Expo, and Komen Expo. A special ceremony will be held that pays tribute to the hundreds of breast cancer survivors expected to participate. A new addition this year to the Survivor Tribute will be the Survivor Tea. The tea will be held at Endar Estate in Temecula on Saturday, September 18. The Race will serve as a fundraiser for The Susan G. Komen Breast Cancer Foundation, a non-profit organization that was established in 1982. 75% of the net Race proceeds will fund local breast health education programs to spread the lifesaving message of early detection to thousands of Inland Empire men and women. The remaining 25% of the net Race proceeds is designated to the Susan G. Komen Foundation Award and Research Grant Program. The Komen Foundation is a national organization with more than 75,000 volunteers working through a network of more than 100 affiliates, making it the most progressive grassroots organization in breast cancer today. From its inception to the end of its fiscal year 2003, the Komen Foundation with its Affiliate Network has raised over $1.9 million in the fight against breast cancer. Over $1 million has been granted to non-profit organizations in the Inland Empire to fund education, screening and treatment programs. $365,000 has been awarded to the Susan G. Komen Foundation National Award and Research Program. For the last five years, the Inland Empire Race has been held in Temecula and proved to be successful. The 2003 Race for the Cure drew nearly 7,000 participants and 3,000 spectators and raised $300,000 in cash and $400,000 in -kind donations. From the money raised, the Inland Empire Affiliate granted $179,304 to non-profit organizations, furthering the mission of the Komen Foundation, and $85,000 was awarded to the Susan G. Komen Foundation National Award and Research program. The grants currently funded from the 2003 Race proceeds are Michelle's Place, Neighborhood Healthcare and the California Health Collaborative. This event has gained wide support by our community, throughout the Inland Empire and on a national level. National sponsors for the 2004 event include: Yoplait, American Airlines, Johnson & Johnson, Ford, Kellogg's, New Balance, Quilted Northern, and Silk Soymilk. Businesses are encouraged to support this event by getting their employees involved. Many local and out -of -area businesses have registered their teams. The City of Temecula employees are planning to enter a team in the event. The Komen Foundation event promotions will follow last year's program, which include event posters, website, print media, radio, and television. Also, national sponsors will demonstrate their support locally in television, radio and print. In addition to its primary aim of fundraising for The Susan G. Komen Breast Cancer Foundation, the event has the potential to provide tourism and economic benefits to the City of Temecula. The Race for the Cure will give exposure for Temecula both on a local and national level. The event should increase tourism revenue for the City's \\San3\city manager\Wolnickg\Agendareport$\Race for the Cure'04.doc restaurants, hotels, shopping areas, and the wineries. There will be no commissions paid to any party for the City of Temecula's sponsorships. FISCAL IMPACT: The Race for the Cure funding of $25,000 cash is appropriated in Community Support (Council Discretionary) Account #001-101-999-5285. The City - support costs of $11,725 for The Race for the Cure event are included in the FY2004-05 Operating Budget of the various support departments. ATTACHMENT (S): I. Race for the Cure Attachment A —Sponsorship Benefits Attachment B — Estimated City Support Services and Costs Attachment C — 2004 Event & Media Promotions Attachment D — Race for the Cure Event & Grant Recap Attachment E — Sponsorship and Funding Agreement \\San3\city manager\Wolnickg\Agendareports\Race for the Cure'04.doc I. RACE FOR THE CURE Attachment I A Sponsorship Benefits In exchange for providing $25,000 cash and approximately $11,725 for all city - support costs of Public Works, Fire and Police for the Inland Empire Susan G. Komen Race For The Cure, the City of Temecula shall receive the following benefits. ♦ City logo/or name will appear on flyers, advertisements, and program relating to the event. ♦ The City logo/or name will appear on event t-shirts, posters, banners and promotional items relating to the 2004 event. ♦ Recognition at Awards Ceremony ♦ Free booth space at event: 10 x 10 booth space for City booth at Expo and 10 x 10 booth space for the Imagination Workshop Children's Museum at the Children's Expo ♦ 4 City banners displayed ♦ City name on all press releases ♦ Complimentary team photo ♦ Complimentary Sponsor Appreciation Dinner tickets (10) ♦ Commemorative sponsor award ♦ City logo/name on Inland Empire Web Site ♦ 10 Race entries and tee shirts ♦ Logo in `Thank You" ad \\Sanftity manager\Wolnickg\Agendareports\Race for the Cure'04.doc Attachment I B Estimated City Support Services And Costs Based on the input from City departments we received estimated cost projections for the 2004 Inland Empire Susan G. Komen Race for the Cure. The following expenses can be anticipated for this event: Police: $ 5,000 Fire: 1,200 Public Works: 3,675 Code Enforcement: 1.100 Community Services: 750 TOTAL: $11,725 \\San3\city manager\Wolnickg\Agendareports\Race for the Cure'04.doc Attachment I C 2004 Event & Media Promotions \\Sanftity manager\WolnickgWgendareports\Race for the Cure'04.doc Attachment I C 2004 Event & Media Promotions 2004 Inland Empire Race for the Cure® Sponsors Co -Survivor Ralphs/Food 4 Less Local Presenting Adeiphia Community Little Book Albertson/Sav-On Starbucks City of Temecula The Promenade in Temecula Platinum Guidant The Press Enterprise Southwest Healthcare Transwestem Publishing Gold Brighton Collectibles KATY 101.3 Hematology/Oncology Consultants Diamond City of Murrieta Lake Elsinore Storm Baseball Team Inland Empire Family Magazine My 94.5 & 103.3KGB KCAL Painted Earth K-FROG Temecula Valley Bank Kuebler, Prudhomme & Co. Temecula Valley Women's Club Bronze Brugess Moving & Storage Monteleone Meadows California Coast Credit Union Mulligan Family Fun Center Countyrwide Home Loans -Jeff Farr Pechanga Resort & Casino CR&R Plant Equipment Endar Equine, Inc. Southern California Gas Co. Gables Residential Temecula McDonalds Hansen Beverages The Country Review Magazine Milguard Windows Valley Business Journal Wal Mart CADocuments and Settings\OwnerlLocal Settings\Temporary Internet FIIes\Con1ent.I A81P31G4\Race for the Cure '04.doc Attachment I C 2004 Event & Media Promotions Crystal CC & Co Pilipino Enquirer Chemicon Presto's Craig & Deborah Hardy Propel Fitness Water Engineering Ventures Rancon Group FastSigns Rancho Springs Hospital Auxiliary Heels & Wheels Girl's Cruising Assoc. Riverside County Credit Union Kaiser Permanente RKR Media Minuteman Press Sizzler Musicians Workshop The Californian Neighbors Newspaper Trevi Spa & Salon Nimmo Construction Valley Living Magazine Friend s Blood Bank of San Bernadino & Riverside Counties CDM Group Temecula Valley Fire Equipment City of Desert Hot Springs Temecula Valley OB/OGY Medical Assoc. Community National Bank Temecula Valley Tennis & Fitness Innovative Respiratory Care The Law Offices of Timothy Kuzelka Jeff Stone 3rd District County Supervisor Elect Murrieta Day Spa Valley Health System The Law Offices Of Rosenstein & Hitzeman Soboba Band of Luiseno Indians Verizon Studio Video Associates Wilson Creek Winery Professionals for a Cure Califonia Bank & Trust Progressive Plumbing Systems, Inc. Cookie Art R.W. Lyall & Co. Elsinore Valley Municipal Water District Southern California Edison Macy's Voit Management Also Thanks to: Claim Jumper Restaurant Fabulous Palm Springs Follies Loma Vista Bed & Breakfast CADocuments and Settings\Owner\Local Settings\Temporary Internet Fi1es\Content.1E5W81P31G4\Race for the Cure '04.doc Attachment I C 2004 Event & Media Promotions August - Teams 2004 RACE FOR THE CURE / AD DEADLINE SCHEDULE Sept/Oct - Registration u ca on o Contact Phone/Fax -ma Schedule ArVCo Deadline Completed CountryReview 1/2 PG Health Issue - Aug Magazine studiomAoe.net COVER - Sept Gals wl Grit (Cripe) Oct Deadline: 19th of vinacrevimaveriz 677-8128 FP - 7.5" x 9 15116" Joan Padbe 6774795 Thank you PG - Nov each month Aug - 7/16 on.net Sept - 6/13 Oct - 9/10 Inland Empire FP 4/C -Aug Nov • 10/15 Family FP 4/C, 50k inserts- Sept Editorial Deadline: 949-757-1404x247 kaill(dtchurmoublish FP 4/C - Oct 1st week of Sept FP = 8" x 10" Kimbed Gill 949-757-1996 in .corn Thank ou -Nov Inserts: 8123 NO IN -KIND DONATION Will insert as space is available Inland Empire Brenda Lorenzi ads0inlandemoir 1/2 pg, FP, 1/4 pg, will Insert as room is Ma azine Heather Chancellor 682.0246 a a i o available egffUog Newspaper 1/2 PG & PR •August 1/2 PG 1/2 PG B/W - Sept 10.187'x6.125" OR PR & Calendar - Sept July 25th - Aug 5"x13" 719-3833 p dianeCdlneiahbomn FP 4/C, 1/8 Events PG Aug 25th - Sept "Sea er.com FP 10.187"x13" Diane Simones 719.3843 f PR & Calendar - Oct Sept25th - Oct a ey 959 Ease Journal 112 PG - August 461-0400 lindalee88C@earthli FP - September Deadline: 15th of 10.25"x13.25" Linda Wunderlich 461-0073 nk.net FP - October each month 20,000 entry form inserts August 22nd September 5th Deadline: September 19th Wednesday prior to The Californian October 3rd print. 6764315 x2614 creinkeAnctimesx October 17th 3col 5.708" x8" Claude Reinke 649-1467 October 24th - Thank out '1st destine is 8I18 om C:1Documents and Settings\Owner%ocal SettingslTemporary Internet Files\Content.IE5W81P31G41Race for the Cure '04.doc Attachment I C 2004 Event & Media Promotions August -Teams 2004 RACE FOR THE CURE / AD DEADLINE SCHEDULE SepVOct - Registration Valley Living Magazine September -Aug 10 FP - 7.5"x10" 696-7080 Steve vlmae.co 2 full page ads October - Sep:. 10 1/2 PG - 3 518" x 10" Steve Rawlins 696-7011 m 1 half page ad November - Oct 10 Publication/Radio Contact Phone/FaxE-mailSchedule Art/Co Deadgne Completed August 22nd August 29th September 5lh September 12th - Insert The Press Septmeber 19th Upload ad at least Enterprise Septmeber 26th - Insert one week prior to October 3rd the run date Download art to: October 10th 300" - 3colx10" Tom Phillips 368-9618 - Tom www.pe.neuproduct October 17th '1st ad uploaded by 3col = 6.742" David Santilli - Asst. 368.9619 - David ion October 31st - Thank youll 8115 Upload ad at least La Freres (Spanish) August 22nd one week prior to September 5th the run date Download art to: September 19th 300" - 3cobd 0" Tom Phillips 368.9618 - Tom www.pe.net/product October 3rd '1st ad uploaded by 3col = 5.742" David Santilli - Asst. 368-9619 - David ion October 17th 8115 - Upload ad at east one week prior to September 19th the run date The Business Press Download art to: October 3rd Tom Phillips 368.9618 - Tom w .pe.net/produ October 171h '1st ad uploaded by 100" - 2.3"xll.625" David Santilli - Asst. 368-9819 - David ion Balance Thank YOU - October 31st 9112 3 hours on -site 50 promos OR :15sec provided 3 wks on webaite 825.9525 25 "Whats Happenings" KFRGIFROGGY Robin Ward 825.0441 robinw kfro .net 10 promos on 95.1 Co deadline: oil 100 live liners 506-1222 ' 100 recorded mentions Run: 9117.10/17 KATY Ked Cundiff 506-1213 kalyAlinkline.com 6 hrs on -site MAM - NOON deadline: 911 296-9050 Iirroberts(dlclearcha nnel.com MY 94.51KGB8 John Roberts 296-9077 200 :60sec on both Copy deadline: 9/1 "�C:\Documents and SetUngs\Owner\Local Settings\Temporary Internet Files\Content.IE51H81P31G4\Race for the Cure '04.doc Attachment I C 2004 Event & Media Promotions August -Teams 2004 RACE FOR THE CURE / AD DEADLINE SCHEDULE Septloct - Registration KCAL FM Wend Woodward 909-793-3554 909-798-6627 wendv(Mkcafm.eo 50 promotional mentions A :60sec each m Community Little Book Janese Reyes 695-1928 695-0913 imreves0commu ni li I TransWestem Publishing Stephanie Bast 296-9700 296.9742 steohanie.bast(obtw Inside Cover of Communityages of: SW Riverside, Temecula/Murdeta, Lake Elisnore & Sun City Q.CC Publication/Radio Contact Phone/Fax E-mail Schedule Art/Cop Deadline Completed Promenade Antoinette Valde ino 296-0975 296-0973 antolnettevaldeso inoMforestcitv.ne Temecula Valley Bank Cheryl Butler Billboard Studio Video Associates Brian Padsero 553-6013 461.6890 Video Race Provide:30sec Pre -Race C:10ocuments and Set1mgsl0wner%Local Settings\Temporary Internet Fi1es%Content.IE5W.81P31G4tRace for the Cure '04.dac Attachment I C 2004 Event & Media Promotions e usan G. Komen Breast Cancer Foundatinn CADocuments and SetfingskOwneftocal SeWngskTemporary Internet FllesNCOrdent,lESA8jP31G4%Race for the Cure '04.doc a, 0 v d N - W C — C U O '3 a E a Q) U u s a 0 o u o oro�> N C .° o a > T 7 0 bD m E N Q v C 0 ro 0 w ro end �aL., W ♦ L E o E E E E E E 2' u tE a T. ro ro O O M M M O M ro 0 s Y 2r o 0 N, N ��tv� Opp d .0 a v mmy o�`0 Clc °o aL u u `<<= �>c N V — [t 3, ULYw.TY• C>'p V.� W O N 0 _O u N «s cF 4 onaui v 0 EnnE19coroNon � y a t u m m N c v s LL u y~ '�eE ipbce=>eoe"O g E o c M o ro N• o 0 1 ' -Uu 0o00`uu o ro� c 0 v vaj a` '. 61 G aJ m N L 0 N -C co •- o u N Z c v 0— 0 a,c oa `-= o o N ��n o� _f U G r c Z L U N a! 3 L c E w T a u C a z p O E 0 0 `° v (um i o a-o o.C-0- Ce gvza E °"0'U E E O— U c u rOa r03 O- o° ro v� aa) v a--o ro0 C- T � � O T W z "o I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ fl � Va 1 Y c €Ottooz i V Y I 1 E I `Ea O .I E R'0 E o& _ 7 f; 'Y 1 n a= Z E;�M'=u a 1 mpO F-�"IC i' e41 I7 j= OD"�Sw O m I N ` Fyr E bo E.�ac I y � C C Z•i J .a Q V y � I -t;o- M 2p In C UO�., Itlyruuf.n m I NTF N 5 O I i?' c< I 6vn E 41, � � I C I 00 N OC V N � rl� J E� Wo3'E I T b 1 A O O n OZZjg� I ry j01-w<y w-5SJamEi Oi EN U^w� ❑K sQ�i�a`8 �J<wq 1 O V �pa�uw�Ov iipx ' �4 ❑ x :O u+a �c �z3 N❑� $u f &g����b5 1 � V 'I 6'❑i F YIu02€gip I F❑N ❑ � m3 oFi u�m�e oE3o` 1 ds _ E<— i n C Y' N m J 1 qw !=.OScI a��20alo�w=" e�w v oow _I� _ :CV2 iIC O!iFaOJn 1 2 O c� �•[ iX t 2 N � :LOJ-•v jpp�ppq"�oi)zi��oa p C ea w G �5�3 m JOjo iJu _�D o:5�zupi� I 1 I Cora of £ v I m m 1 QQ V y �-aw Tcs ='U,o. op O'er C c o mo o c `o I O u - Eo `w q O^ C « L m � m ,a A y-8 o ,cu v I n m v . m 2.4p�zp 8 •bq0 o u § E O g4v2 e d i�c•q tc EZ �v`dZ I CCK Yn E cu p o 7S �Y€ai a I �_ 0v° Z 'ov� I L_ D t vIY v x v d WE y E Go aw Nm�o u 1 e 9'� n1.7 DEL 'QQ a6 ❑N p8�`_ G &_ OBE InQ° I O m� ag u'30 "o v ! LL u o a§e'EaET EOu j � S w2C EcU Td€ I ELNCO EW oyQ w 2 ` 35&Si 70 5� YI u O-a `g �'E Wo OOIa L' 1. O ly crew !_uv .mod 1 ` E> 2 m - c N W W �iy ,O1'if o I °' '' v"i I W i a Y 9 w F Y a i 5 1 LL m V 3{ _i 5, '? tz "� g Attachment I D 2003 Event & Grant Recap \\San3\city manager\WolnickgWgendareports\Race for the Cure'04.doc Attachment t D 2003 Event & Grant Recap 2003 Race Stats • 6,926 runners (3,700 from Teams Division) • 3,000 spectators • 581 volunteers • Riverside County Sheriff Department, 238 members for the largest team • Home Depot, with a close 233 members for the next largest team • Riverside County Sheriff Department, $11,400 most pledge dollars raised • $300,000 raised • $400,000 in -kind donations • $1 79,304grantedto Inland Empire non-profit organizations furthering the mission of the Komen Foundation • $85,000 awarded to the Susan G. Komen Foundation National Award and Research Program. CADocuments and SetBngs\OwnenLocal Settings\Temporary Internet Files\0ontent.1EM81P31G4\Race for the Cure '04.doc • • Attachment I D 2003 Event & Grant Recap 2003 Media Promotion The Outdoor Channel Adelphia KATY 101.3FM FROGGY 92.5 KFRG 95.1 My 94.5 KCAL 96.7 The Press -Enterprise The Business Press Community Little Book Inland Valley Daily Bulletin Neighbors Publication, Inc. The Valley Business Journal La Prensa Entertainment Roundup The Country Review Inland Empire Family Magazine Inland Empire Magazine TransWestern Publishing/American Media Competitor Magazine Race Place Magazine The Vineyard Press Murrieta and Temecula Bugle Rancho News C:1Documents and Settings%OwneALocal Settings\Temporary Internet FileslContent.1E5W81P31G41Race for the Cure '04.doc Attachment I D 2003 Event & Grant Recap Thank You ... 2003 Race Sponsor Local Presenting Crystal City of Temecula CC & Company Albertson's Sav-On Country Review Magazine Southern California Ford Dealers Engineering Ventures Adelphia FastSigns Platinum Glass Blasters! Inc. Inland Empire Magazine Guidant Kaiser Permanente TransWestern Publishing/American Media Minuteman Press Southwest Healthcare System Neighbors Publications, Inc. Temecula Valley Bank Rancho Reprographics The Press -Enterprise Temecula Valley Women's Club The Promenade in Temecula The Valley Business Journal Gold Friends Hematology Oncology Consultants FIJI Water Community Little Book Kuebler, Prudhomme & Co. KATY 101.3FM Diamond GranDesigns KCAL96.7 City of Murrieta FROGGY 92.9 My 94.5 Plant Equipment, Inc. Rancho Springs Medical Center Auxiliary Inland Empire Family Magazine The Home Depot Bronze The Gas Company The Outdoor ChannelCity of Murrieta Premier Marketing Milgard Windows Painted Earth Mulligan Family Fun Center Firerose Communications McDonald's Temecula Monteleone Meadows Pechanga Resort & Casino Wilson Creek Winery & Vineyards Burgess Moving & Storage Lake Elsinore Storm Baseball Bloom & Wrap Florist Entertainment Roundup The Business Press Hansen's Beverage Co. Vantage Medical -Group PropeT Fitness Water CR&R Incorporated Prestos Gourmet Express Fidelity Investments A Grape Escape Balloon Adventure American Home Loans Balunatics Blood Bank of San Bernardino & Riverside Ford Credit Innovative Compounding Pharmacy Innovative Respiratory Care Joico IE Macy's West Temecula Musicians Workshop Nimmo Construction Premier Bride Inland Empire Rancon Real Estate Southern California Edison Temecula Creek Inn Temecula Valley Fire Equipment Co. Temecula Valley OB/Gyn Timmy d Productions Valley Living Verizon Xerox Image Source of Temecula Valley Professionals for a Cure The Law Offices of Robert Bryce Rosenstein The Law Offices of Timothy C. Kuzelka California Bank & Trust Elsinore Valley Municipal Water District Meer Stanisai Dental Corporation RKR Media Attachment 1 D 2003 Event & Grant Recap * Locations of Past Grant Recipier * Locations of 2003 Grant Recipie INLAND AGENCY. $84,700 (covers all of the Inland Empire) RONALD WHITTIER FAMILY FOUNDATION: $50,000 )eastern Riverside County) MICHELLE'S PLACE: $35,000 [southwest Riverside County) THE SAN BERNARDINO/RIVERSIDE INLAND EMPIRE BLACK NURSES ASSOCIATION: $700 (San Bernardino/Riverside County) 2003 Community Grant Recipients Each year, up to seventy-five percent of the net proceeds raised by the Inland Empire Komen Race for the Curee, is granted locally to nonprofit organizations sponsoring programs designed to further the mission of the Komen Foundation. INLAND AGENCY'S DESERT SIERRA PARTNERSHIP: $84,700 "AIL Women Count" is a regional program that provides education, screening and diagnostic services for women age 39 and younger in the entire Inland Empire, as well as continuing to serve women 40 and over. RONALD WHITTIER FAMILY FOUNDATION - ATHENA VISION: $50,000 "FamiliesCAN" is a mobile mammography outreach project that provides free mammograms to Inland Empire residents. DESERT HEALTHCARE FOUNDATION: $50,000 "Suzanne Jackson Breast Cancer Fund" provides screening, diagnostic and funding for treatment of uninsured women and men in eastern Riverside County. MICHELLE's PLACE: $35,000 "Lending a Helping Hand" assists men and women who are uninsured to receive screening and diagnostic services in southwest Riverside County. THE SAN BERNARDI NO/RIVERSIDE INLAND EMPIRE BLACK NURSES ASSOCIATION: $700 "Celebrating Life ... Women of Color Speak Out About Breast Cancer." This program is designed to bring together women of color who have survived breast cancer. The goal is to promote screening and early detection. it C:Oocuments and SettingslOwneALocal Settings\Temporary Internet Fileak0cmtenLlE51A81P31G41Race for the Cure '04.doc o�ku � CLM " I -) M 0Y CU �1 �g1 E ° Cn O t,1 • LU v C a. MUMN3 aNVINI rM CSC/ Inland Empire Race for the Cure® O 26765 Madison Avenue, #108 T Murrieta, CA 92562 OHonorary Chair Honorary Chair Lr) 0 z Chancellor U.S. Congresswoman France Cordova Mary Bono University of California Riverside Sunday, October 19, 2003 The Promenade In Temecula www.iekomen.com k2NBC` CY ii 1OI aj O 22 oc: 1S L,v� 1� gal y p� O e 41 E A E �F a D E ry„ry_ i? 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JoJEJE JV a I 1 1 I r z J <J2:1 Ja J� J� J�_€ =�ga� x;E _____________________________________________J Attachment I E Sponsorship and Funding Agreement \\San3\city manager\WolnickgWgendareports\Race for the Cure'04.doc SPONSORSHIP AND FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION This Agreement, made this 28th day of September. 2004, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, a California nonprofit corporation (hereinafter referred to as "IESGKF"). A. IESGKF will operate the "Inland Empire Susan G. Komen Race For The Cure" on October 17, 2004. The Race For The Cure is a special event located at The Promenade Mall in Temecula, comer of Ynez and Winchester Road. The event includes Women's and Coed 5K Run/Walks, a Family One -Mile Fun Run/Welk, live entertainment, exhibits, Kid's Expo, Komen Expo, Breast Cancer Survivor Tribute, and Survivor Tea. The 2003 Inland Empire Komen Race for the Cure attracted approximately 7,000 participants and 3,000 spectators and raised $300,000 in cash and $400,000 in - kind donations. B. The City of Temecula desires to provide Community Services Funding and city -support costs of Public Works, Fire and Police for the 2004 Inland Empire Susan G. Komen Race For The Cure. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Inland Empire Susan G. Komen Race For The Cure of approximately $11,725 for all city -support costs of Public Works, Fire and Police, the City of Temecula shall receive the benefits as listed in Attachment A - 1. B. The Community Support Funding of $25,000 cash will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. In 6 months and again in 12 months following the Inland Empire Race For The Cure, the IESGKF will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that funds were used for under served Temecula residents. Upon request, City staff may audit the supporting documentation from the IESGKF. C. Within 60 days following the Inland Empire Race For The Cure, IESGKF shall prepare and submit to the Assistant City Manager a written report evaluating the Race For The Cure, its attendance, and describing the materials in which the City was listed as a financial supporter. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. D. The IESGKF shall file Temporary Use Permit, Special Event Permit applications and provide certificates of insurance with the City of Temecula 30 days or sooner preceding the day of the Race For The Cure event. E. IESGKF agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of IESGKF's acts or omissions or those of IESGKF's employees, officers, agents, or invites in connection with the Inland Empire Race For The Cure to the maximum extent allowed by law. F. IESGKF shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City is named insured or is named as an additional insured with IESGKF and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Inland Empire Race For The Cure. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Inland Empire Race For The Cure. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Worker's Compensation insurance is required only if Inland Empire Race For The Cure employs any employees. 4. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Inland Empire Race For The Cure. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self -insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self -insured retention as respects the City, its officers, officials and employees or IESGKF shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION BY: Lori Stone -Rubin, Executive Director Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation 26765 Madison Ave., Suite 108 Murrieta, CA 92562 CITY OF TEMECULA Mike Nagger, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ATTACHMENT A — 1 LOCAL PRESENTING SPONSORSHIP BENEFITS In exchange for providing $25,000 cash and approximately $11,725 for all City - support costs of Public Works, Fire and Police for the Inland Empire Susan G. Komen Race For The Cure, the City of Temecula shall receive the following benefits. ♦ City logo/or name will appear on flyers, advertisements, and program relating to the event. ♦ The City logo/or name will appear on event t-shirts, posters, banners and promotional items relating to the 2004 event. ♦ Recognition at Awards Ceremony ♦ Free booth space at event: 10 x 10 booth space for City booth at Expo and 10 x 10 booth space for the Imagination Workshop Children's Museum at the Children's Expo ♦ 4 City banners displayed ♦ City name on all press releases ♦ Complimentary team photo ♦ Complimentary Sponsor Appreciation Dinner tickets (10) ♦ Commemorative sponsor award ♦ City logo/name on Inland Empire Web Site ♦ 10 Race entries and tee shirts ♦ Logo in "Thank You" ad ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE _ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: tW , William G. Hughes, Director of Public Works/City Engineer DATE: September 28, 2004 SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract No. 25004 (Located South of Murrieta Hot Springs Road and East of Seraphina Road) PREPARED BY: �IRonald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 25004. 2. ACCEPT substitute Erosion Control Agreement and Erosion Control Faithful Performance Bond as security for erosion control improvements for Tract Map 25004. 3. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 25004. 4. AUTHORIZE the release of the existing Faithful Performance, Labor & Materials, Erosion Control and Monumentation Bonds for Tract Map 25004. 5. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On October 28, 2003, the City Council approved Tract Map No. 25004, and entered into Subdivision Improvement Agreements with CRV Temecula Estates, L.P. The original subdivider has recently sold the project to KB Home Coastal Inc. KB Homes has submitted substitute bonds and agreements. The following lists existing securities and agreements secured by CRV Temecula Estates, L.P and posted by Arch Insurance Company, to be released: Faithful Performance Bond No. SU 5003626 in the amount of $1,144,500 to cover street, drainage, sewer, and water improvements. Labor and Materials Bond No. SU 5003626 in the amount of $572,250 to secure labor and materials. Monumentation Bond No. SU 5003627 in the amount of $10,000 to secure monumentation. 1 RAAGENDA REPORTS\2004\092804\TM25004. Bond SubsUtudon.DOC Erosion Control Faithful Performance Bond No. SU 5003628 in the amount of $20,000 to secure placement and establishment of erosion control improvements. Accompanying the agreements submitted by the new owner are the following substitute bonds posted by Developers Surety and Indemnity Company as follows: Faithful Performance Bond No. 6218499 in the amount of $1,144,500 to cover street, drainage, sewer, and water improvements. Labor and Materials Bond No. 6218499 in the amount of $572,250 to secure labor and materials. Monumentation Bond No. 6218501 in the amount of $10,000 to secure monumentation. Erosion Control Faithful Performance Bond No. 6218500 in the amount of $20,000 to secure placement and establishment of erosion control improvements. FISCAL IMPACT: None ATTACHMENTS: 1. Project Location Map 2. Substitute Subdivision Improvement Agreement (on file) 3. Substitute Subdivision Monument Agreement (on file) 4. Substitute Subdivision Faithful Performance Bond (on file) 5. Substitute Subdivision Labor and Material Bond (on file) 6. Substitute Subdivision Monumentation Bond (on file) 2 R:\AGENDA REPORTS\2004\092804\TM25004.Bond Substitution.DOC IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 6 SHEETS TRACT NO. 25004 BRING A SURDMSION OF A PORTION OF THE REMAINDER PARCEL OF TRACT NO. 25004-1 RECORDED IN BOOK Z11, PAGES ZY THROUGH 35 OF MAPS. RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. Affcz . A homm FIDRUARL' 2G\T3 GRAPHIC SCALE I Y,N Rol 1 SEC )T 1 T76, R3W, 6.B-AM INDEX AND BOUNDARY -CONTROL -MAP s[N.P1.J. Im. Y� SITE VICINITY MAP N.T.S. ASEMENT NO A PLIIMMCMr EASICNr rw POR-H-IA1. MI51M. `aV NSTN1AII(W C A" M. AA`ANX /®MW4 N cipr AM ft3f LY PN[ LO S . ONOT $OKACNTS M "AlIT.N." W nL IMW STA ITS M AAEX.A W. at n. 1. N NU" Ine PALL M. 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LP N/IK YS XOT. AM nA N'zA% t w 2AI/A-SI Q TAND I- IP. I/MSM1' 0.Ci l3 SRP: RU9l ITR tl lAi/A-AS QA raAn 2-LP M/NLAss nsc w. AD. P1 na2.nJJ W'. M. I. o: MAtl iAr/29-Jz Q IOAI Y V. N/ MAZ RSC V IIA P.1 I185.00 AN- M 1.0: PR AS 21/0-W PARCEL MAP 23IT6}) P.M 164/97-103 (N a9'JYISC luJ)) 2111 9 JS ,r W YC 19. Yr _ I Iv5 Am wJes_, ROSY P i a92 O 'NP - ` AT n AT 6 �\\\ AT gyp. \ \ TN' 1 Stt\F� p \ \ \ p n e w \ \\ 1 1 a^> a IF w M 1\ 61 -)) LAI I I I �O Ill I .f N 5� i 1 1 I Ta rP nK is xN JWaI: JNA AN np9 v I T0. I- P %4c IS M9e LM. al: RN. I4/]9 Aa I'Y N/ AG AS 2 152 C 02: RAW 241/29-15 ENVIRONMENTAL CONSTRAINT NOTE WCNMfO W&ONSRA"T.WRr ARrcw NS WP IS M TAE N w O NTO" W 01 CNJNSSR ON W ITINOAA, N EGS SOX r PACE 25S NIS MCR W mrs 19. TIS A2A. ITEM 6 APPROVAL CITY ATTORN EY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 28, 2004 SUBJECT: Authorize Temporary Street Closures for the 51h Annual Temecula Fall Car Show & Old Town Cruise Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) ,�,// PREPARED BY: /'Ronald J. Parks, Deputy Director of Public Works ,Steve Charette, Associate Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE 5TH ANNUAL TEMECULA FALL CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The 5th Annual Temecula Fall Car Show necessitates the physical closure of certain streets in the Old Town area, and related detouring, to accommodate and provide the "Street Scene' ambience that allows 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, Iccal 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:\AGENDA REPORTS\2004\092804\5th Annual Temecula Fall Car Show Road Closure.docl The recommended resolution delegates the authority to approve temporary street closures for the 5th Annual Temecula Fall Car Show Event sponsored by P & R Productions. 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 Temecula Fall Car Show Event sponsors propose street closures as follows: Old Town Front Street between Moreno Road (E) to Second Street from 2:30 pm to 11:00 pm on Friday October 8th, 2004, and from 5:30 am to 5:00 pm on Saturday, October g'h, 2004. Main Street mid - block, east and west of Old Town Front Street, will also be closed to through traffic. Sixth Street, Fifth Street, Fourth Street, and Third Street will be closed mid -block east of Old Town Front Street. Access is provided to handicap parking lots located at Sixth Street and Mercedes Street and at First Street and Old Town Front Street. Show car parking will be at designated parking lots and along both sides of Old Town Front Street as shown on the attached Location Map. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisorydevices by the Public Works Department are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2004-_ 2. Location Map R:\AGENDA REPORTS\2004\092804Zth Annual Temecula Fall Car Show Road Closure.doc2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 5TH ANNUAL TEMECULA FALL CAR SHOW EVENT, 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 5th Annual Temecula Fall Car Show Event sponsored by P & R Productions, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the 5th Annual Temecula Fall Car Show Event, specifically Old Town Front Street between Moreno Road (E) and Second Street, Main Street mid -block, east and west of Old Town Front Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Friday, October 8, 2004 from 2:30 PM to 11:00 PM and on Saturday, October 9, 2004 from 5:30 AM to 5:00 PM; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the 5th Annual Temecula Fall Car Show Event sponsored by P & R Productions, 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 5th Annual Temecula Fall Car Show Event, and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council as follows: Old Town Front Street between Moreno Road (E) and Second Street, Main Street mid -block, east and west of Old Town Front Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Friday, October 8, 2C04 from 2:30 PM to 11:00 PM and on Saturday, October 9, 2004 from 5:30 AM to 5:00 PM. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28'h day of September 2004. Michael S. Naggar, Mayor ATTEST: Susan W.Jones, CMC, City Clerk R:\AGENDA REPORTS\2004\092804\5111 Annual Temecula Fall Car Show Road Closure.doc3 [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. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of September 2004, by the following vote: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:WGENDA REPORTS\2004\092804\5th Annual Temecula Fall Car Show Road Closure.doc4 . .,, \i | . \!Z . N~ q,-11 y| ) \/ || .._. per.,.! .,........ .. IMAIN CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: n,(/illiam G. Hughes, Director of Public Works/City Engineer DATE: rrvv September 28, 2004 SUBJECT: Authorize Temporary Partial Street Closures for "Race for the Cure" Event October 17, 2004, in the Promenade Mall area (Margarita Road, Overland Drive, Ynez Road, and Solana Way). PREPARED BY: Ronald J. Parks, Deputy Director of Public Works �CSteve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 17, 2004 AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT. BACKGROUND: The Susan G. Komen Breast Cancer Foundation/Temecula Chapter has applied for permission to close portions of public streets in orderto hold the Inland Empire Race for the Cure on Sunday, October 17, 2004, on and around the Promenade Mall area. Coordination for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. A number of sponsors are supporting this event. The directly affected streets, including Ynez Road, Overland Drive, Margarita Road, and Solana Way would require some partial or full closures on the event date. The Mall Ring Road, a private road, will also be partially closed for the event. Provision for traffic movements along the race route and abutting streets have been reviewed and revised to meet traffic concerns along both major traffic routes and neighboring residences and businesses during the proposed event period. The race route begins at the starting line located on the Mall Ring Road near Macy's, proceeds to Promenade Way southerly to Overland Drive, then easterly on Overland Drive with a u-turn at Margarita Road, then westerly again along Overland Drive. The route then proceeds southerly along Ynez Road, easterly and southerly along Motor Car Parkway to Solana Way and then easterly along Solana Way, to Margarita Road. From Solana Way the route proceeds northerly to a u-turn at Winchester Road, returning southerly on Margarita Road to Mall Entrance at North General Kearney Road, westerly to Mall Ring Road to the finish line located in the parking lot adjacent to Edward's Cinema. RAAGENDA REPORTS\2004\092804\Race ForTheCureStreetClosure200z .doc The following summarizes the extent of street closures. The actual event hours are from 5:00 AM to 2:00 PM: Overland Drive - Overland Drive, between Margarita Road and Promenade Way, will be fully closed. Overland Drive, between Promenade Way and Ynez Road, will be partially closed. The two (2) eastbound lanes will be closed for the event. Ynez Road - Ynez Road, between Overland Drive and Motor Car Parkway, will be partially closed. The easternmost northbound lane will be closed for the event. Solana Way - Solana Way, between Motor Car Parkway and Margarita Road, will be partially closed. The northernmost westbound lane will be closed. Margarita Road - Margarita Road, between Solana Way and Overland Drive, will be partially closed. The two (2) southbound lanes will be closed. Margarita Road, between Overland Drive and Winchester Road, will be partially closed. The westernmost northbound lane will be closed for the event. Margarita Road, between Winchester Road and the Mall Entrance Road, will be partially closed. The two (2) southbound lanes will be closed for the event. Mall Entrance Road (Private Street) - The westbound lane of the Mall Entrance Road, the one opposite North General Kearny Road, will be closed for the event. Mall Ring Road (Private Street) -A portion of The Mall Ring Road, between the start and finish lines, will be closed entirely for the event. The traffic control plan shows the limits of closure. 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 1'or, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for :he Inland Empire 'Race for the Cure" Event sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter. 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 adopl:ed by resolution in accordance with California Vehicular Code Section 21101. The basic racecourse and event schedule is attached hereto. The approved traffic control plans will more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in the adjoining areas, the residential neighborhoods, and the Solana Ridge Apartments. FISCAL IMPACT: Costs for City services have been provided for in the City budget in accordance with the funding agreement with the Inland Empire affiliate of the Susan G. Komen Breast Cancer Foundation. ATTACHMENTS: 1. Resolution No. 2004- 2. Race Course Map 2 R:\AGENDA REPORTS\2004\092804\Race ForTheCureStreetClosure2004.doc RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY PARTIAL S TREET C LOSURES F OR INLAND EMPIRE "RACE FOR THE CURE" EVENT ON OCTOBER 17, 2004, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITYOF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the partial closure of public streets for the Inland Empire Inaugural "Race for the Cure" Event sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the Inland Empire Temecula "Race for the Cure" on Sunday, October '17, 2004 from 5:00 AM to 2:00 PM, possibly longer to allow everyone to finish the race: and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Inland Empire "Race for the Cure" sponsored by The Susan G. Komen Breast Cancer Foundation/Temecula Chapter, 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 Inland Empire "Race for the Cure" Event on Sunday, October 17, 2004 from 5:00 AM to 2:00 PM, possibly longer to allow everyone to finish the race. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 281h day of September 2004. ATTEST: Susan W.Jones, CMC, City Clerk Michael S. Naggar, Mayor 3 RAAGENDA REPORTS\2004\092804\RaceForTheCureStreetClosure20D4.iioc [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. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of September, 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 RIAGENDA REPORTS\2004\092804\RaceForTheCureStreetClosure2o04.doc C>, ITEM 8 APPROVAL CITYATTORNEY '✓_ DIRECTOR OF FINA E—OL CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: A*Nilliam G. Hughes, Director of Public Works/City Engineer DATE: September 28, 2004 SUBJECT: Second Amendment - Professional Services Agreement for Design Services Fire Station Wolf Creek Site, Project No. PW01-11 PREPARED BY: �Oreg Butler, Principal Engineer- CIP RECOMMENDATION: That the City Council approve the Second Amendment to the Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $145,540.00 to provide re -design services for the Fire Station Wolf Creek Site, Project No. PW01- 11, within the planned Wolf Creek Development and authorize the Mayor to execute the amendment. Standard Pacific will fund the cost of the re -design and any increase to construction costs attributable to the new design. BACKGROUND: On August 14, 2001 City Council approved a professional services agreemE nt with STK Architecture, Inc. for the design of a new Heavy Urban Fire Station within the Wolf Creek Development. The development was conditioned to provide the land for the planned Fire Station, with the City being responsible for the completion of the design and construction. STK completed the design of the proposed Fire Station pursuant to the original contract. Subsequent to completing the design, the ownership of the Wolf Creek Development changed. Tile new owner/developer (Standard Pacific Homes) will be utilizing a different architectural theme throughout the development and therefore requested that the Fire Station design be modified to better match the new community. Standard Pacific is willing to fund the cost of the re -design and any increase to construction costs attributable to the new design. Because the Wolf Creek Fire Station is a facility that is eligible for Wolf Creek CFD funding Standard Pacific has requested that these added costs be reimbursed with CFD bond proceeds. The City prepared and entered into a deposit agreement with Standard Pacific that would allow for reimbursement if any CFD funds remain after all City priority projects have been fully funded. FISCAL IMPACT: The Wolf Creek Fire Station is a Capital Improvement Projectfunded through Development Impact Fees — Fire, Public Facilities & Public Service, Capital Project Reserves and Wolf Creek CFD bond proceeds. The cost of the re -design work included in the subject amendment will be funded with monies deposited by the developer and will be at no cost to the City. ATTACHMENTS: 1. Project Location 2. Project Description 3. Second Amendment to Professional Services Agreement R:\AGENDA REPORTS\2004\092804\PW01-11STKAmed02.DOC SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND STK ARCHITECTURE, INC. WOLF CREEKFIRE STATION r, 2]1P14 fil1611;VdIIISE THIS SECOND AMENDMENT is made and entered into as of September 28, 2004, 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: This Amendment is made with respect to the following facts and purposes: A. On August 14, 2001 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Architectural Services ("Agreement') in the amount of $159,500.00. B. The Agreement was amended on March 20, 2003 for an extension of time through June 30, 2004. C. The parties now desire to increase the payment to provide architectural re -design services in the amount of $145,540.00 and amend the Agreement as set forth in this Amendment. 2. Agreement is hereby amended to read as follows: a. Section 1 TERM. This Agreement shall commence on August 14, 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2005, unless sooner terminated pursuant to the provisions of this Agreement. b. Section 4 Payment of the Agreement is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The second amendment amount shall not exceed One Hundred Forty Five Thousand Five Hundred Forty Dollars and No Cents ($145,540.00) for additional architectural re -design services for a total contract amount, of Three Hundred Five Thousand Forty Dollars and No Cents ($305,040.00). 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. rACIP\Projects\PW01-11\Agreements\STK Amend No 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to I)e executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT STK Architecture, Inc. 2575 S. San Jacinto Ave, San Jacinto, CA 92583 (909) 925-2504 G.V. Salts, Vice President Camille Acton, Secretary (Two Signatures Required For Corporations) ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. RECEI SEP 0 3 2004 CITY OF TEMECULA .IC WORKS DEPARTMENT 2 September 2004 '%t14 SRt,teRtz Dauiel+td3ttc%, Project Manager CITY OF TEMECULA Public Works Department 43174 Business Park Drive Temecula, California 92590 RE: PROPOSAL FOR ARCHITECTURAL SERVICES FOR WOLF CREEK FIRE STATION REDESIGN TEMECULA, CALIFORNIA Dear David, Due to the recent bid on Roripaugh Fire Station we need to update our Proposal. STK bases the value of our services as a percentage of the construction cost. We now estimate this station will cost 3.4 to 3.6 million dollars. The Scope of Work will require the following: A. Colored elevation boards and exterior material sample boards for the City of Temecula Planning Department's review/approval. Included are two meetings with the City Planning Department and the time STK has spent to date. STK's Invoice (copy attached) $ 2,460 Revised Boards 1,500 Two Meetings 11000 SubTotal = $ 4,960 B. The original Architect/Engineer Proposal, prepared in June 2001, was based on the following: Original Agreement No. PWO1-11 — June 2001 Amendment No. 2 11 March 2004 Estimated Construction Cost = $2,000,000 A/E Fee = 7.1 % or $142,000 Estimated Construction Cost = 3,500,000 A/E Fee = 7.1 % or $248,500 Schematic Design 15% $ 21,300 21,300 71,000 7,100 21,300 $ 37,275 x 609/6 _ $ 22,365 22,365 74,550 5,325 15,975 Design Dev Phase 15% $ 37,275 x 60% = Const Document Phase 50% $ 124,250 x 60% = Bid Phase 5% $ 12,425 - 7,100 = Const Admin Phase 15% $ 37,275-21,300 = Original Agreement TOTAL $ 142,000 Amendment 2 TOTAL $ 140,580 ARCHITECTURE INTERIOR DESIGN PLANNING CONSTRUCTION MANAGEMENT 2575 South San Jacinto Ave., San Jacinto, California 92583-5318 Phone:909/925-2504 Fax: 909/925-0244 E-Mail: stk@stkinc.com DAVID MCBRIDE, CITY OF TEMECULA WOLF CREEK REDESIGN PROPOSAL 2 SEPTEMBER 2004 PAGE 2 OF 2 C. The scope of work includes: ► New Precise Grading Plan & Water Plan ► Structural Engineering (Dresden Framing System) ► Landscape Architect P. Mechanical & Electrical Engineering ► Architectural Drawings D. The original Agreement for the offsite utility coordination "Contract B' was for $15,000. To date $8,900 has been expensed, leaving $6,100. STK proposes no change to this part of the Agreement. E. The original agreement for reimbursables "Contract C" was for $2,500. To date $1,347.97 has been expensed, which leaves $1,152.03. STK proposes no change to this part of the Agreement F. We estimate it will take approximately 60 days to revise the drawings from the time of an approved amendment to our Agreement. G. Total Amendment No. 2 $ 4,960 140 580 $ 145,540 If you have any questions or wish to discuss this further, please call at your convenience. Sincerely, STK Architecture, Inc G.V. Salts, Principal Cc(s): Adam Smith, Standard Pacific Homes Enc(s): 2 Elevations ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FIN) CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building & Safety/� DATE: September 28, 2004 SUBJECT: First Amendment to Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council: 1. Approve a First Amendment for Consultant Services with Berryman & Henigar to provide supplemental building inspection services to the Building and Safety Department in an amount not to exceed $78,000.00 for a total amount of $103,000. 2. Approve a 10% contingency in an amount of $7,800.00, and approve the term of the Agreement extending it until March 28, 2005. 3. Approve a First Amendment for Consultant Services with P&D Consultants to provide supplemental building inspection services to the Building and Safety Department in an amount not to exceed $78,000.00 for a total amount of $103,000. 4. Approve a 10% contingency in an amount of $7,800.00 and approve the term of the Agreement extending it until March 28, 2005. DISCUSSION: The City continues to experience a high level of construction activity. As a result:, it is necessary to continue to supplement regular building inspection staff with two (2) certified contract building inspectors from the firms of Berryman & Henigar and P&D Consultants. In an effort to obtain the needed supplemental building inspection help, in the most cost effective manner, the City has opened recruitment for qualified building inspectors and will keep this recruitment open until the two (2) positions are filled in order to reduce the costs for this supplemental contract building inspection staffing. On July 1, 2004 the City Manager approved a Contract in the amount of $25,000 each for Berryman and Henigar and P&D Consultant for inspection services for the Building & Safety Department to enable supplemental building inspection staff to be provided through August 15, 2004. To date, however, the two (2) positions have not been filled, requiring the continued services of Berryman and Henigar and P&D Consultants staff. FISCAL IMPACT: Adequate funds are currently available in Account Number 001-162-999-5118, "Temporary Help" for this purpose. R:IBROCXMEIIAGENMBERRYMAN 6 EENIGAR AND P6D 04.DOC 1 912210.1 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND Berryman & Henigar Contract Inspection Services THIS FIRST AMENDMENT is made and entered into as of September 28, 2004 by and between the City of Temecula, a municipal corporation ("City") and Berryman & Henigar. 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 1, 2004, the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Contract Inspection Services ("Agreement') in the amount of $25,000.00. B. The expiration date of the Agreement was August 15, 2004. C. The parties now desire to increase the payment for services in the amount of $78,000.00 along with a 10% contingency of $7,800 and amend the Agreement as set forth in this Amendment. D. The parties now desire to extend the expiration date of the Agreement to March 28, 2005. 2. Section 1. Term is hereby amended to read as follows: This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 28, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4. Payment of the Agreement is hereby amended to read as follows: A. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The First Amendment amount shall not exceed $78,000.00 for a total contract amount, of $103,000.00 and a 10% contingency of $7,800.00 B. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. plAgreement Samples.Amendment.2003 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA M. Michael S. Naggar, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: F-YA Peter M. Thorson, City Attorney CONSULTANT Berryman & Henigar L]3 NAME: TITLE: 1►LLJ[a TITLE: (Two Signatures Required For Corporations) R:/purchasing/agreements.all/win ha eston.amend l.fieldman 2002 2 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 1, 2004, between the City of Temecula, a municipal corporation ("City") and Berryman & Henigar ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 15, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting; its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Twenty five thousand dollars ($25,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work: not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed two thousand five hundred dollars ($2,500). Any additional work in excess of this amount shall be approved by the City Council. LAX2:136829.2 _I_ R"iud WIMS E a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE 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 Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). LAX2: 136829.2 -3- Revised M &95 limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by. that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. LAX2:136879.7 -5- Revised 911105 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 parry as set forthbelow or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92590 Attention: City Manager To Consultant: Berryman & Henigar 11590 West Bernardo Ct. Ste 100 San Diego, CA 92127 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. . 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State' of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. 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. LAX2:136829.2 -7- Revised 9118195 EXHIBIT A Berryman & Henigar will provide combination type building inspection services for compliance with applicable codes on an "as needed" basis. Performing as a city building inspector under direction from the building official, responsibilities will include but are not limited to the inspection of structural, plumbing, electrical and mechanical components on residential and commercial construction projects within the city. Other services are available as requested and authorized by the City of Temecula. E EXHIBIT B PAYMENT SCHEDULE Building Inspector Mileage Charge (Inspector use of personal vehicle) $75.00 per hour .36 per mile LAX2:136829.2 -10- Revised 9/19/95 � �-rA}q,?SN� �s ., e a,i'ib ." +• :o- t `� ` R[ c•`,a .. � '"`^ Iu� � � F � CEJrkA. Y. P:CATS� O�"Wr .. N PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Barney & Barney, LLC - CA License No. 0003950 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Barney & Barney, Inc. - CA Ucense No. OC24310 POLICIES BELOW. COMPANIES AFFORDING COVERAGE P.O. Box 85638 San Diego, CA 92186.5638 COMPANY A TRAVELERS INDEMNITY CO. OF ILLINOIS LETTER INSURED COMPANY 8 NO COVERAGE ON THIS DOCUMENT LETTER Berryman & Henigar Enterprises Berryman & Henigar, at at COMPANY C NO COVERAGE ON THIS DCICUMENT LETTER COMPANY D NO COVERAGE ON THIS DOCUMENT LETTER 11590 West Bernardo Court San Diego, CA 92127-1624 fD' „'., . ryy ^E `%COV6AGE55 5e THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCYNUMBER POLICY POLICY EXPIRATION LIMITS LTR EFFECTIVE DATE DATE EMMIDD/YY) (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $•••'•••••2,000,000 ® COMMERCIAL GENERAL LIABILITY 630525D5655 12/31/03 12/31/04 PRODUCTS-COMPMP AGO. I ......... 2,000,000 A ,d El CLAIMS MADE ®OCCUR. PERSONAL ADV. INJURY $""••"'1,000,000 EACH OCCURRENCE $1•'•1111•1,000,000 ® OWNER'S& CONTRACTOR'S PROT. ❑ FIRE DAMAGE (Any we lire) $111•••1••'•100,000 MED. EXPENSE (Any me person) $'•••••••'•••••5,000 AUTOMOBILE LIABILITY COMBINED SINGLE ® ANY AUTO 810525DS655 12/31/03 12/31/04 LIMIT $......... I,c00,000 ❑ ALL OWNED AUTOS BODILY INJURY A ❑ SCHEDULED AUTOS (Per person) $...................0 ❑ HIRED AUTOS BODILY INJURY ❑ NON -OWNED AUTOS (Per accident) $...................0 ❑ GARAGE LIABILITY PROPERTY DAMAGE $".................. 0 EXCESS LIABILITY EACH OCCURRENCE $"*** 15,000,000 A ® UMBRELLA FORM CUP 52SD5655 12/31/03 12/31/04 AGGREGATE $°*•**•'••5,000,0D0 ❑ OTHER THAN UMBRELLA FORM ❑ STATUTORY LIMITS WORKERS'COMPENSATION RE - EIVED EACH CIDENT $••••••'•••••••""'0 AND DIS 4 E - POLICY LIMIT $ ................... 0 EMPLOYERS' LIABILITY JAN Q 5 2004 OISEA E-EACH EMPLOYEE $ ...... ...•^•••••0 OTHER NO COVERAGE CITY ENGINEERING OF TEMECULA DEPARTMENT DESCRIPTION OF OPERATIONS.00ATIONSIVEHICLES/SPECIAL ITEMS *10 days notice Of.cancellation applies to non-payment PROJECT #16361.00 Capital ProjectsDepartment of Public Works ICAT ' .,. • "`f_�. .. - .. � r Y- ' � � F T t3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE S- EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF TEMEG•ULA-RCR MAIL all DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE MR. DAVID MCBRIDE P.E. SENIOR' ENGINEER LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 43200 BUSINESS PARK DRIVE LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. TEMECULA,CA 92589-9033' AUTHORIZED REPRESENTATIVE Cec *f Y. Perich i THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTTACHED ENDORSEMENT Berryman & Henigar Enterprise • a Named Insured: Berryman & Henigar Enterprises. Berryman & Henigar, Inc., A Califronia Corporation Berryman & Henigar, Inc., A Florida Corporation Harbor Engineering Govpartner.com Schedule of Locations: 11590 W. Bemardo Ct., Ste. 100 San Diego, CA 92127-1624 2001 East First Street Santa Ana, CA 92705-4020 6150 Stoneridge Mail Road, Ste. 370 Pleasanton, CA 94588-3241 674 NE 5t' Street Crystal River, FL 34429 168BO W. Bernardo Drive #150 San Diego, CA 92127 1414 SW Martin L King Jr Ave. Ocala, FL 34474-3129 1221 W. Colonial Drive, Ste. 300 Orlando, FL 32804-7156, 1615 Huffingham Road Jacsonville, FL 32216 4 Hargrove Office Center, Unit B Palm Coast, FL 3200 Commonwealth Blvd., Ste. 101 Tallahassee, FL 32303 1412 Tech Boulevard Tampa, FL 33619 2045 NE 41" Street Ocala, FL 34479 78-060 Calle Estado, Ste. 11 LaQuinta, CA 92254 4840 W. University Avenue, Ste. A-1 Las Vegas, NV 89103-3829 720 3rd Ave., Ste. 1200 Seattle, WA 98104-1820 3050 Beacon Blvd. West Sacramento, CA 95691 3006 Fuhrman Avenue East Seattle, WA 98102 I . COMMEF 'GENERAL LIABILITY POLICY NO. 630 525D5655 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) Additional Insured: CITY OF TEMECULA-RCR, its officers, officials, employees and volunteers This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS PART 1. WHO IS AN INSURED -(Section 11) is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which cover- age. is sought. The person or organization does not qualify as an additional insured with respect to, the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the. policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not in. crease the limits stated in Section III -LIMITS OF INSURANCE. b) The insuranceprovided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyors rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 11. Supervisory or inspection activities per -formed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily in- jury" or 'property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide, such coverage for the additional insured by a Nritten contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such con -tract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I -Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of 'your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess. contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any 'Occur- rence" or offense which may result in a claim and prompt written notice of "suit'. CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 COMMERCIAL GENET_*_IABILITY U a) Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the "suit," and otherwise comply with policy conditions. c) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement.This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a polity of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 46 10 02 Copydght, The Travelers Indemnity Company, 2002 DATE(MMIODfYY�)Fes- OERTIFICA OF LIABILITY INSUf VICE 112/23103 �✓ DATE(MM/DD/YY) Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714 427-6810 INSURED Berryman & Henigar Enterprises 11590 W. Bernardo Court, #100 San Diego, CA 92127.1624 AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Liberty Insurance Underwriters Ins INSURER B: INSURER C: INSURER D: naaw THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 13E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. : ICYEFFECTIVE',PODATE LICY E)(PIRATION INSR 00L LIMITS TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY :EACH OCCURRENCE t COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one. lireL'j CLAIMSMADE OCCUR MEDEXPLAnyone Person) If PERSONAL & ADV INJURY 1 t GENERAL AGGREGATE It GENT AGGREGATE LIMIT APPLIES PER: PRODUCTSCOMP/OPAGGS POLICY PRO- LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IS (Esaccident) ANYAUTO t ALL OWNED AUTOS !BODILY INJURY �I (Per person )- SCHEDULED AUTOS ----�- ------- HIREDAUTOSBODILY INJURY !f (Peraccidenl) NON-OWNEDAUTOS .....-------- PROPERTY DAMAGE �f .(Per accident) GARAGE LIABILITYRECEIVhU .AUTO ONLY. EA ACCIDENTLt_ ANYAUTO OTHER THAN EAACCIS AUTO ONLY: AGO . t EACH OCCURRENCE 't - EXCESSUABILITY'--'---'�-"-'—_--'- OCCUR CLAIMS MADE CITY OF TEMECULA (AGGREGATE__— j¢ ENGINE ING DEPARTMENT s__ -_- DEDUCTIBLE I_----- _ ' t ,RETENTION s WCSTATU- OTH WORKERS COMPENSATION AND _TORY.LIML .— FA-------- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT E.L.DISEASE-EAEMPLOYE f E.L. DISEASE -POLICY LIMIT A OTHER Professional AEE1969090103 12/12/03 112112104 $1,000,000 Per Claim $2,000,000 Annl A991 �.iability i DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIExCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Project No. 16361.01, Rancho California Road City of Temecula-RCR David McBride, P.E. Senior Engineer Capital Projects, Opt of Public Wrks 43200 Business Park Dr. Temecula, CA 92589-9033 a,rans.cw nv,. - - SHOULD ANYOFTHEABOVE DESCRIBEDPOLICESBECANCELLED BEF;DMTTE E%PFATION DATETHEREOF,THEISSUING INSURER WILL RkV"MA1L3D—DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, BN%BLxCIRRTIRAARRRN19tx% ROBOVx%OOJOBDpBif ONpHmIRO1XRXRR%R1Tf CRRIO1tRR%RRTN6t'11RR7 W WeDnL>hLRRx ACORD 25-S (7/97)1 of 1 #M81630 G ACORD CORPORATION 1931 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. R:/purchming/agreements.all/win hmeston.amend l.fieldman 2002 3 EXHIBIT B PAYMENT SCHEDULE Building Inspector $75.00 per hour Mileage Charge .36 per mile (Inspector use of personal vehicle) 0C2: U6829.2 -10- Revised 9/18195 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND P&D Consultants Contract Inspection Services THIS FIRST AMENDMENT is made and entered into as of September 28, 2004 by and between the City of Temecula, a municipal corporation ("City") and P&D Consultants. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 1, 2004, the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Contract Inspection Services ("Agreement') in the amount of $25,000.00. B. The expiration date of the Agreement was August 15, 2004. C. The parties now desire to increase the payment for services in the amount of $78,000.00 along with a 10% contingency of $7,800 and amend the Agreement cis set forth in this Amendment. D. The parties now desire to extend the expiration date of the Agreement to March 28, 2005. 2. Section 1. Term is hereby amended to read as follows: This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 28, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4. Payment of the Agreement is hereby amended to read as follows: A. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The First Amendment amount shall not exceed $78,000.00 for a total contract amount, of $103,000.00 and a 10% contingency of $7,800.00 B. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. pJAgreement Samples.Amendment.2003 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Michael S. Naggar, Mayor ATTEST: M Susan W. Jones, CMC, City Clerk Approved As to Form: Ml Peter M. Thorson, City Attorney CONSULTANT P&D Consultants F-YA NAME: TITLE: NAME: TITLE: (Two Signatures Required For Corporations) Upurchming/agreements.all/win ha eston.amend Lfieldman 2002 2 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of August 16, 2004 between the City(of Temecula, a municipal corporation, and P & D Consultants. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on August 16, 2004 and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 1, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit 6, 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 Twenty five thousand dollars ($25,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed Two Thousand Five Hundred Dollars ($2,500.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. r:brockmeAagmtsT&D0341 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAU:;E. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by they City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. r:brockmeAa9nts\P&D03-04 C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, ncn- 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. rbrockmeAagmtST&D03-04 (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with ,3 current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before; work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. r:brmkrnei\agmtsT&D03-04 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: r:brockmeilagnts\P&D03-01 To City: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: P & D Consultants 999 Town & Country Road 4`h Floor Orange, CA 92868 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten consent of the City. 9. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Shawn D. Nelson, City Manager Attest: Susan W. Jones, CIVIC, City Clerk rbrockmeitagmts\P&D03-04 Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT P & D Consultants sy Steven L. Patterson, Associate V.F —. cbrmkmeAa9mts\P&D03-04 EXHIBIT A TASKS TO BE PERFORMED Perform combination building inspection on an as -needed basis. r:brockmeAagmts\P&D03-04 EXHIBIT B PAYMENT SCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $75.00 per hour, plus $.36 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charge for mileage. r:bro kmeAaz tsT&D03-04 ITEM 10 APPROVAL CITY ATTORNEY A _ DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Cou cil FROM: Debbie Ubnosk rDirector of Planning DATE: September 28, 2004 SUBJECT: Architectural Consulting Services PREPARED BY: Don Hazen, Principal Planner RECOMMENDATION: Authorize the Director of Planning to solicit Request for Qualifications (RFQs) from architectural firms to provide consulting services to the Planning Department. BACKGROUND: Goal 2 of the General Plan Community Design Element is to promote "Design a xcellence i n s ite p lanning, a rchitecture, I andscape a rchitecture a nd s ignage i n n e',a development and modifications to existing development" (pg. 10-5). With the exception of custom single-family residences, the City's Development Code requires that all ne'N development obtain approval of a Development Plan permit. Planning staff and the Planning Commission do not possess the specialized skills needed to perform the advanced level of architectural review required for most development plan applications. Therefore, staff recommends that the City obtain architectural consulting assistance, similar to what the City is receiving with landscape architecture (PELA Associates). Staff requests that the City Council authorize the Director of Planning to solicit RFQs from interested architectural firms and academic institutions in order to provide the level of design quality envisioned by the General Plan Community Design Element, Development Code, and City-wide Design Guidelines. Once a consultant is recommended, staff will forward a contract for City Council approval, similar to how the contract for landscape architectural services is structured. No City funds will be expended, as the applicants will pre -pay the consulting fees in accordance with the fee schedule outlined in the approved contract. FISCAL IMPACT: None ATTACHMENTS: None RAHawn=Carchrepoe Goc ITEM 11 APPROVAL CITY ATTORN DIRECTOR OF FI CE ITY MANAGER C_ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: James O'Grady, Assistant City Manager DATE: September 28, 2004 SUBJECT: Amendment No. 1 To The Temecula Valley Chamber of Commerce Operating Agreement With Regard To Increasing The Funding For The Temecula Valley Convention & Visitors Bureau rreparea Dy: uiona vvoimac, Manceting (;oorainatc RECOMMENDATION: That the City Council: 1) Approve Amendment No. 1 to the Temecula Valley Chamber of Commerce Operating Agreement with regard to increasing the funding for their Convention & Visitors Bureau in the amount up to $34,000. 2) Approve an appropriation from the General Fund designated for the Dutch Villages settlement in the amount of $17,000. DISCUSSION: The City Council previously approved the Temecula Valley Chamber of Commerce operating agreement at the July 13, 2004, Council meeting for operating costs in the amount of $148,000. The Chamber has expanded its tourism services through its Convention & Visitors Bureau (TVCVB). The TVCVB responds to requests for tourism, coordinates FAM tours, and attends tourism trade shows. Additional methods to promote tourism in the Temecula Valley have been discussed. As a result of these discussions, the Temecula Valley Convention & Visitors Bureau plans to create a website that promotes the Temecula area as a tourist destination, convention and meeting location and positions the TVCVB as a resource to visitors, meeting planners, travel trade, film/TV industry, travel media and TVCVB members. In addition, the TVCVB plans to establish a booking reservation system (through the website and at their on -site location) that will allow consumers to immediately and efficiently book leisure travel, meetings and conventions. In order to do this, the TVCVB will need to purchase the appropriate software. The Chamber is requesting an additional $34,000 to allow them to create a website and set up a one stop on-line reservation booking system. Due to the cost of the software, the Temecula Valley Chamber of Commerce and Convention & Visitors Bureau approached the City with a request for additional funding to purchase the software. They have requested that the City provide $34,000, in addition to the funding of $148,000 previously approved. This Chamber and TVCVB have discussed their plans with the Economic Development Subcommittee members, Mayor Pro Tem Comerchero and Councilmember Roberts. The Economic Development Subcommittee members are in support of providing additional funds for this project as it should be most helpful in our economic development efforts. The City of Temecula will assist the TVCVB in the purchase of the software but the City has no obligation to upgrade, operate, or otherwise be responsible for future costs. Funds to maintain a monthly service to operate the program will be paid for with future TVCVB memberships. The funding will consist of a reimbursement of up to $34,000. The Temecula Valley Chamber of Commerce has agreed to submit receipts to the City of Temecula for the expenses related to this effort. FISCAL IMPACT: An additional appropriation of $17,000 from the General Fund designated for the Dutch Villages settlement fund balance is necessary to fund this agreement. The additional $17,000 is available in the FY 2004/05 Economic Development budget. ATTACHMENTS: Attachment A — Funding Request Attachment B — Amendment No. 1 To The Temecula Valley Chamber of Commerce Operating Agreement Attachment A Funding Request TEMECULA VALLEY Camenflan and Whim Burm September 14, 2004 Jim O'Grady City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Jim: Please find below a synopsis of our request for funds pertaining to the Temecula Valley Convention & Visitors Bureau's (TVCVB) new website and booking system. Project Overall Objective: Create a website that promotes the Temecula Valley as a tourist destination and convention and meeting location and position the TVCVB as a resource to visitors, meeting planners, travel trade, film/TV industry, travel media and TVCVB members. in addition, establish a booking reservation system (through the website and at the on -site location) that will allow consumers to immediately and efficiently book leisure travel, meetings and conventions. Request For Proposals: The TVCVB will be soliciting proposals for the design and development of a new website and booking system. The TVCVB has conducted preliminary research as to the approximate cost of the website and booking system based on the specific needs required. The average cost is approximately $34,000. The TVCVB is in the process of finalizing the RFP and it will be disbursed for official bids in the month of October 2004. Booking Reservation System: The TVCVB has interviewed with ARES (Advanced Reservations Systems) who is a leading provider of travel -planning and intemet-based reservations and ticketing systems. ARES is a top producer of lodging reservations and attraction ticketing in the Southwestern United States. The speck requirements of this service have not been finalized. Thus far, the TVCVB has not identified any similar vendors that have the reputation and who may offer the level of services needed for the success of this system. A determination will be made after receiving completed RFP's from website providers and identifying the compatibility of both systems. Thank you for your support and consideration for this project. The Temecula Valley Convention & Visitors Bureau is very optimistic with the opportunities that this will present for the goal of driving tourism business to the Temecula Valley. Sincerely, Kimberly Adams Tourism Director Attachment B Amendment No. 1 To The Temecula Valley Chamber of Commerce Operating Agreement FIRST AMENDMENT TO OPERATING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE FOR FUNDING TO TEMECULA VALLEY CONVENTION & VISITORS BUREAU THIS FIRST AMENDMENT is made and entered into as of September 28, 2004 by and between the City of Temecula, a municipal corporation ("City"), duly organized and existing under and by virtue of the laws of the State of California, and Temecula Valley Chamber of Commerce, a California nonprofit corporation (hereinafter referred to as "CHAMBER"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 13, 2004 the City and Chamber entered into that certain agreement entitled "Agreement between City of Temecula and Temecula Valley Chamber of Commerce" in the amount of One Hundred Forty Five Thousand Dollars and No Cents ($148,000) ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section B of the Agreement is hereby amended to read as follows: PAYMENT B. That in consideration of the services to be performed by Chamber for City, as set forth in paragraph 1 hereof, City hereby agrees to pay Chamber, during the term of this Agreement, the sum of One Hundred Forty Eight Thousand Dollars and No Cents ($148,000) for the fiscal year 2004-05, payable upon receipt of invoice quarterly beginning on execution of this Agreement. In addition to the annual payment of $148,000, the city shall also pay to the Chamber an amount not to exceed Thirty Four Thousand Dollars and No Cents ($34,000) for the cost of the software to create and develop the Temecula Valley Convention and Visitor's Bureau website and booking reservation system. The City will reimburse the Chamber for software costs pertaining to its website and booking reservation system upon receipts submitted to the City by the Chamber. The maximum amount of payment under this Agreement shall not exceed the total Agreement amount of One Hundred Eighty Two Thousand Dollars and No Cents ($182,000) for the total 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. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Temecula Valley Chamber of Commerce 26790 Ynez Court Temecula, CA 92591 (951)676-5090 By: Pamela Voit Chairman of the Board Alice Sullivan PresidenUCEO Janese Reyes Secretary Katherine Bailey Treasurer ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Shawn Nelson, City Manager DATE: September 28, 2004 SUBJECT: Support of Proposition 1A — Protection of Local Government Revenues PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council adopt the following resolution. RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING STATEWIDE BALLOT INITIATIVE PROPOSITION 1A PROTECTING LOCAL GOVERNMENT REVENUES BACKGROUND: Over the last dozen years, in both good economic times and bad, the state Legislature has shifted more than $40 billion in property taxes to the state from cities, counties, special districts and redevelopment agencies, in order to help pay for state responsibilities. The state has also loaned itself local money over the objections of local governments, leaving local communities struggling to fund all of their services, including fire protection, paramedic response, law enforcement, healthcare, parks and libraries. Through the LOCAL Coalition, on April 16, 2004, petitions containing 1.1 million signatures were submitted to the Secretary of State. The petitions qualified as Proposition 65 (Local Government Budget Package). This sparked a record number of meetings between local governments, special districts and the legislature. Subsequently Proposition 1A was placed on the ballot. All of the official proponents of Prop 65 are now supporting Prop 1A and opposing Prop 65. The City Council had previously taken a position of support on Proposition 65 in September, 2003. Proposition 1A is a constitutional amendment on the November 2004 statewide ballot that will end the practice of the state taking funds originally committed to local government. Proposition 1 A was placed on the ballot by the Legislature in August, as part of the budget package negotiated by Governor Arnold Schwarzenegger, legislators from both parties, local governments, public safety officials, healthcare advocates, taxpayers and community leaders. It will amend the state constitution to stop such shifts but will allow the state to borrow local funds during time of state fiscal crises — but only if prior loans have been repaid, and only twice within a ten year period. Specifically, Proposition 1A: • Restricts the State Legislature's ability to take local government funding, including local government share of existing sales taxes, property taxes and VLF revenues. • Protects local funding for local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. • Requires the State to provide funding for any program or service the State forces local governments to provide. If the State fails to provide funding, the Legislature must repeal these state -mandates. • Provides flexibility in a state budget emergency. Proposition 1A allows the State to borrow local government revenue if funds are needed in a fiscal emergency to support schools or other state programs. With the approval of this resolution, City staff will forward copies of this resolution to all appropriate parties. FISCAL IMPACT: None. Attachment: Resolution 04- RESOLUTION No. 04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION 1A STATEWIDE BALLOT INITIATIVE TO PROTECT LOCAL GOVERNMENT REVENUES WHEREAS, state government currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than $40 billion in lost revenues over the past 12 years; and WHEREAS, these ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local governments have seriously reduced resources available for local fire and paramedic response, law enforcement, public health and emergency medical care, roads, parks, libraries, transportation and other essential local services; and WHEREAS, these funding raids also add pressure for local governments to increase fees and taxes to maintain basic local service levels; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses; and WHEREAS, Proposition 1A is a historic measure that will appear on the November statewide ballot that would limit the State's ability to take and use local government funding; and WHEREAS, by protecting local government funding, Prop 1A would protect local safety, healthcare and other essential local services; and WHEREAS, Prop 1A will not raise taxes and, in fact, will reduce pressure for local fee and tax increases by limiting state raids of local government funding; and WHEREAS, Prop 1A does not reduce funding for schools or any other state program or service, and Prop 1A was carefully written to allow flexibility in the event of a state budget emergency; and WHEREAS, Prop 1A is supported by a bipartisan, diverse coalition including Governor Schwarzenegger, Democrat and Republican legislative leaders, local government officials, public safety representatives, healthcare, business, labor, and community leaders; NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Temecula hereby expresses its strong support for Prop 1A, the statewide ballot initiative that will prevent the state from further taking local government revenues. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of September 2004. Mike Naggar, Mayor R:\ASFILEYS\Resolutions\Resolution-Support-Prop IA.doc CITY OF TEMECULA CITY MANAGER DEPARTMENT MEMORANDUM TO: City Council FROM: Aaron Adams, Sr. Management Analyst DATE: September 28, 2004 SUBJECT: Resolution of Support Proposition 1 A -Consent Item Due to the City Council action of a Resolution of Support for Proposition 65 in September, 2003, we have modified the Resolution of Support for Proposition 1A to address this conflict. Talking with the City Attorney, and consistent with the League of California Cities, we are recommending supporting Proposition 1 A and through City Council action will be rescinding our position on Proposition 65 (all included in same resolution tonight). R.-WDAMSAIMEMO-PROP 1A.O0C 9128104 RESOLUTION No. 04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION 1A STATEWIDE BALLOT INITIATIVE TO PROTECT LOCAL GOVERNMENT REVENUES WHEREAS, state government currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than $40 billion in lost revenues over the past 12 years; and WHEREAS, these ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local governments have seriously reduced resources available for local fire and paramedic response, law enforcement, public health and emergency medical care, roads, parks, libraries, transportation and other essential local services; and WHEREAS, these funding raids also add pressure for local governments to increase fees and taxes to maintain basic local service levels; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses; and WHEREAS, Proposition 1A is a historic measure that will appear on the November statewide ballot that would limit the State's ability to take and use local government funding; and WHEREAS, by protecting local government funding, Prop 1A would protect local safety, healthcare and other essential local services; and WHEREAS, Prop 1A will not raise taxes and, in fact, will reduce pressure for local fee and tax increases by limiting state raids of local government funding; and WHEREAS, Prop 1A does not reduce funding for schools or any other state program or service, and Prop 1A was carefully written to allow flexibility in the event of a state budget emergency; and WHEREAS, Prop 1A is supported by a bipartisan, diverse coalition including Governor Schwarzenegger, Democrat and Republican legislative leaders, local government officials, public safety representatives, healthcare, business, labor, and community leaders; NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Temecula hereby expresses its strong support for Prop 1A, the statewide ballot initiative that will prevent the state from further taking local government revenues. In accordance with the position of the League of California Cities, the City is rescinding its support for Proposition 65 in support for Proposition 1 A. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of September 2004. R:\ASHLEYS\Resolufions\Rcsolution- Support - Prop IA.doc I Mike Naggar, 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. 04- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of September, 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:tASHLEYS\Resolutions\Resolution- Support - Prop IA.doc 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. 04- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of September, 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:WSHLEYS\Resolutions\Resolution- Support - Prop IA.doc ITEM 13 Revised Staff Report for Consent Calendar Item No. 13 — Promenade Mall Storefront Lease Agreement (changes as per City Attorney to accurately reflect that the lease is between the City of Temecula and Forest City Management, Inc.) APPROVAL CITY ATTORNEY DIRECTOR OF FINANQE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Jim Domenoe, Police Chief DATE: September 28, 2004 SUBJECT: Promenade Mall Storefront Lease Agreement PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council; 1) Approve the license agreement with Forest City Commercial Management, Inc., in substantially the form presented, with the changes recommended by the CityAttomey, fora Police Department storefront facility in the Promenade Mall beginning October 1, 2004 and terminating after a five year period; 2) Approve the attached amended and restated agreement for partial funding of police services by and between the City of Temecula and Town Center Associates, L.P; 3) Increase Reimbursement Revenue to the General Fund by $17,500; 4) Approve an additional appropriation of $17,500 to Police Department Budget. BACKGROUND: On July 27, 2004, City Council approved a license agreement with Forest City for a Police Department storefront facility at the Promenade Mall at a rate of $1.00 per year for five years. Following this approval, Forest City has formally requested that the terns of the agreement be changed due to restrictions and regulations by their Finance Institution. The current lease rate for a 1,800 sq. ft. space is $17,500 per year. In order for Forest City to meet the terns and regulations they agreed to when financing the Promenade Mall, they must maintain the value set for the space and bill at that rate. However, Forest City will reimburse the City $17,500 which will offset this cost and the $1.00 peryear lease arrangement will remain unchanged. The City currently has an agreement with the owners of the Mall that requires the Promenade Mall to pay for Police services. This agreement will be increased by $17,500 annually which offsets the payment of rent for the facility. Also, the CityAttomey is recommending that the following paragraph be added to the license agreement to allow for termination in the event the police agreement is terminated: "Licensee may terminate this lease on five (5) days written notice to Licenssor in the event that the Amended and Restated Agreement for Partial Funding of Police Services by and between the City of Temecula and Towne Center Associates, L.P., is terminated or Towne Center Associates L.P. fails to make payments pursuant to said Agreement." C:\Docomeou om Snurys\MicM1aela.BillrtirA\ImI Snuvpe\Tempo I== Fllu\OLNIFA\Tw AZm PV Mall Police Sb n.DW FISCAL IMPACT: This action will require an additional appropriation of $17,500 to the Police Department budget. In addition, Reimbursement Revenue to the General Fund should be increased by $17,500. This revenue will be based on the amended agreement that requires the Mall to reimburse the City for Police services in the amount of $82,000 annually and Mall Storefront reimbursement in the amount of $17,500. ATTACHMENT: Letter from Mike Doblado, Forest City Agreement for Partial Funding of Police Services License Agreement C:\Ouv m W $ RgMicde4BWrtlt XLL SeWWwm® 1m File\OUNA%T®A9 Rq MYI Mi¢Swim SEP. 7, 2004 9:22AM PROMENADE -MALL NO. 417 P. 2 THE PROMENADE In Temecula September 7, 2004 To whom it may concern The Promenade in Temecula is pleased to be able to work with the City of Temecula and Police Department by making available a location in the new expansion for a term of five years. This space would normally be considered a valuable gross leasable space, but in the efforts of our on going dedication to the community we want to provide space 1970 for the new sub station. Due to the restrictions and regulations by our Finance Institution, we are regulated to maintain the value of the space which is currently $17,500. In order to meet our obligations with our Financial Institution and meet the terms and regulations we agreed to for the financing of the Promenade, we must maintain the value set for the space and bill at that • rate_ Terms and conditions have been met by Mike Doblado, General Manager with Forest City and with the spokesperson for the city in order to make sure the city is reimbursed through additional security which will offset this cost. If you have any questions, please feel free to call me @ 909-296-0975. Sincerely, Mi Doblado Ge ral Manager Forest City 94 40820 Winchester Road Suite 1700 Temecuh% CA 92591 909-296-0979 • Fax: 909-296.0973 • www.promenadoinremocula.com • AMENDED AND RESTATED AGREEMENT FOR PARTIAL FUNDING OF POLICE SERVICES BY AND BETWEEN THE CITY OF TEMECULA AND TOWNE CENTER ASSOCIATES, L.P. THIS AMENDED AND RESTATED AGREEMENT is made and effective as of September 28, 2004, between the City of Temecula, a municipal corporation ("City") and Temecula Towne Center Associates, L.P., a California corporation ("Manager"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Agreement is made with respect the following facts and purposes which each party acknowledges to be true and correct: a. Manager is the owner of certain real property in the City of Temecula generally located at 40820 Winchester Road and known as the "Promenade." The Promenade occupies approximately 120 acres of regional retail shopping in a mall. There are four major department stores anchoring the mall and a capacity of approximately 1,250,000 square feet of retail and specialty shops, with a 15-screen movie theater. • b. The Promenade will attract many people for shopping, dining and entertainment. c. The Promenade employs a large private security force to patrol the mall and assist visitors to the mall. Due to the large volume of visitors and the retail nature of the establishment, calls for police service will increase in the area of the Promenade and an increased police presence in the area of the Promenade will be required. The City of Temecula will also be maintaining a police substation in the Mall in order to meet the needs of police services in the Mall and surrounding area. d. In order to mitigate the impact of the increased calls for police services and the need for a greater police presence in the area, Manager has agreed to assist with funding additional police services for the City of Temecula for a period of two years. Manager understands and acknowledges that police services for the City of Temecula are provided through a contract between the City of Temecula and the County of Riverside whereby members of the Riverside County Sheriffs Department provide police services within the City. e. The parties hereto acknowledge the sufficiency of the consideration for this Agreement. 2. Manager agrees to pay to the City of Temecula the sum of one hundred • two thousand four hundred ninety nine dollars ($102,500.00) per year for the purpose of assisting the City in paying for additional police services for the City. This sum shall be 793066.2 9/20/04 1 paid in twelve (12) monthly installments of eight thousand five hundred forty-one dollairs • and sixty-seven cents ($8,541.67), due within twenty (20) days due on the first day of each calendar month. This cost sharing program provides two (2) sworn deputy sheriffs working forty (40) hours each at the mall for a total of eighty (80) hours coverage per week, for a period of two years. 3. City shall use the funds for police services in addition to those provided for the City as of September 1, 2003. Both parties acknowledge and agree that the Sheriff of Riverside County, through his authorized deputies, shall retain sole discretion as to the deployment of law enforcement personnel and the establishment and execution of law enforcement priorities within the City, unless otherwise provided by the agreement between the City and the County of Riverside for police services. 4. The term of this Agreement shall be two years from the date first written above, unless terminated as herein provided. City may terminate this agreement on five (5) days notice to Manager in the event that the Lease between the City and Manager for the Police Substation within the Mall is terminated for any reason or Manager fails to make the monthly payment on the date due. In the event the Manager fails to make the payment on the date due and City incurs any penalties or late charges on the Lease for the Police Substation, then Manager shall pay to the City the amount of any such penalties or late charges. 5. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) • delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: City Manager To Manager: The Promenade in Temecula 40820 Winchester Road Temecula, CA 92591 Attention: Mike Doblado, General Manager 6. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or • written relating to these obligations are merged into this Agreement and shall be of no 793066.2 9/20/04 • further force or effect, provided however, that nothing herein is intended nor shall it be construed to modify that certain "Development Agreement By and Between the City of Temecula, Temecula Towne Center Associates, L.P., a California Corporation, and LGA-7, an Illinois corporation," dated as of December 17, 1996 nor the Lease for the Police Substation between the City and Temecula Towne Center Associates, L. P., dated as of September 28, 2004. 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. Manager warrants and represents to City that the person signing this Agreement on behalf of the Manager is fully authorized to do so and that all corporate approvals for this Agreement have bee duly given. • IN WITNESS WHEREOF, the parties hereto have caused this Agreement • to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson City Manager Attest: Susan W. Jones, CIVIC City Clerk Approved As to Form: Peter M. Thorson City Attorney Towne Center Associates, L.P. By: _ Name: Title: By: _ Name: Title: • 40 DRAFT r L Date Prepared: June 23, 2004 LICENSE AGREEMENT New NO. PIT-2004-73 LICENSEE ("Licensee") LICENSOR (Property Owner or Agent) ("Licensorl ame: City of Temecula Name: Forest City Commercial Management, Inc., acting as authorized agent for _"Owner Sheet Address: 43200 Business Park Drive Street Address: 40820 Winchester Rd. City, State, Zip Code: Temecula, CA 92589 City, State, Zip Code: Temecula, CA 92591 Trade Name: City of Temecula Police Department (Sub Station) Location: Temecula, CA , Shopping Center Trade Name ("Centel"): The Promenade in Temecula Telephone No.: 909-694-6444 Telephone No.: 909-506-3981 License Commencement Date: June 24, 2004 License Expiration Date (unless earlier terminate : May 31, 2009 FIXED LICENSE FEES Total for Pay Period Total for Term of License Payment Due; Date MINIMUM LICENSE FEE: $1.00/annually (June 2004-June 2009) $1.00/annually (June 2004- June 2009) Due I° of the year MARKETING FEE: N/A THER FEES: WA OTAL FIXED LICENSE FEES: $5.00/rerm (June 2004-June 2009) $5.00/rerm (June 2004-June 2009) Due 1' of the year Pay Period for Fixed License Fees (payable to :The Promenade in Temecula" by pre -approved company check, certified check or ey orde Daily Weekly Monthly X Annually ❑Other This License: FIncludes a Percentage Fee of % of all Sole purpose for which Licensed Area can be used by Licensee: Licensee's net sales and revenues in excess of a break point Licensee w ll take session of s ace 1870 for the use of a Of Percentage Fee for a given month is due o Ice ub Cation an r no of er ouroose whatsoever. an pays eon a day of the following month. %does not include a Percentage Fee 1. License Area and Location. Based on the terms and information stated above which is an integral part of this License and incorporated in this License, Licensor herebYYgrants to Licensee a NON -TRANSFERABLE REVOCABLE LICENSE for the tempor ary use of those certain premises ("the License Area") consisting of approximately 1748- S ace 1870 square feet in the retail facilip/ known as The Promenade in Temecula located at 40820 Winchester Rd.. Temecu a�A591. 2. Security 3. Utilities Fee. The Utilities Fee is $ N/A If Licensee utilizes an amount of electricity greater than the average of other licensees during the pay period, Licensor may mro ime o ime bill Licensee for the reasonable cost to licensor of such extra electricity. Licensee may also make arranggements to transfer utilities and pay directly to utility company as available and approved by Licensor. 4. Sales Report. WA. 5. Late Charges. N/A 6. Licensee further agrees that it shall, at its sole cost and expense: A) At all times maintain the License Area in ood, clean and safe condition and on the expiration date of the Term of this License s all return the License Area to Licensor in broom dean condition and restored to at least as good a condition as it was in before Licensee took possession. No work shall be performed in or to the License Area without Licensors prior written approval., (B) At all times observe and comply with all laws, ordinances, rules, regulations and code requirements, Including those of E Center At and Licensor, as well as secure all permits and licenses required by law. At all times conduct its activities in a LCI manner and in accordance with Licensors specifications, and dress in a professional Image and in a manner that will complement the aesthetics of the License Area and the Center. Licensee and its ernplo ees shall wear appropriate attire at all times while in the Center as determined by Licensor in its sole discretion. In addition, Licensee shall conduct its activities In accordance with the standards of good taste, refrain from permitting or conducting any illegal or immoral activities in the License Area, and shall not cause a nuisance to Licensor, its tenants or customers. Licensor shall be the sole judge as to what constitutes good taste and immoral or nuisance activities. (C) Licensee covenants and agrees that from and after the date of delivery of the License from Licensor to Lioanse, and during the Tenn of this License or any renewal thereof, Licensee will tarty and maintain, at its sole cost and expense, the following types of insurance, naminq both Licensee, owner, and Licensor as insureds. commercial neneral Iiahility Ineurnnro ,ea,od by nn ln, iomn"e 10. Default Licensor may e: License. Any breach or default by the Ui Licensor and Licensee. Any breach or default under this License. Licensee will Licensor incurs in connection with the e court order or provide due process befc Licensee here�byy waives any right to a ur 11. Ltmifatlon of R`ght of �e their partners, beneficiaries, officers din In the event of any breach or default by I satisfaction of Licensee's remedies. 12. This License may be moc 13. Notices. All notices or pay 14. Rules. Licensee shall con with any such Rules shall constitute a de 15. Ucense Area Maintenano License Area* i) accepted the License Ai its suitability for Licensee's proposed opi or repair the License Area. Any improves 16. Repairs and Mamtenano cost and expense, the License Area in items as: 8oi Licensee and) frames. In ac maintain the L necessary; or negligence of Licensee for , reason of sud ea as corn or its ; Licensee waives, all claims foi by Licensee or any person cl: Area or any part of the Cer appurtenances becoming out reason, any sprinkler, heating Pankorches, railins or walks; iv) ro tub wasgstand, water cli coming through the of, skylil any fixture, plaster, file, stucco the Center or of adjoining or construction of any private, pu advertise or market; xiiri the fa cause of any nature. To the other portions of the Center as 18. Waiver of Righ against Licensor, owner, the x any remedy available to it at law or in equity upon Licensee's breach or default of this under this License shall constitute a default under any other Agreement or Lease between under any other Agreement or Lease between Licensor and Licensee shall constitute a irse Licensor for any and all costs and expense including reasonable attomeyys' fees which nent of this License. Licensee hereby agrees that Licensor shall have no duty to seek a ling Licensee from the License Area and removing Licensee's property from the Center n any lawsuit commenced in connection with this License. r Against Licensor. There shall be no personal liability of Licensor or Owner (nor any of venturers, shareholders or affiliated entities) in respect o any of the terms of this License. m under this License, Licensee shall look solely to the equity of Owner in the Center for the my in a wri0ngg signod by Licensor and Licensee. made pursuanfto this License will be to the address above stated. fh ail Rules which may be made effective by Licensor from time to time. Failure to comply this License. actng possession of the License Area, Licensee shall be deemed to have: i) inspected the I IS" vnth no representation or warranty by Licensor as to the condition of the Licensor Area, or the improvements therein; and ii) agreed that the Licensor has no obligation to improve rust be approved in advance by Licensor. Icensee. Licensee shall, at all times during the Term of this License, maintain, at its sole or uj Licensor, in the exercise or its sole discretion, determines that emergenq, repairs are y portion of the License Area or the Center are made necessary by any act, omission or .s or assignees, then in any such event, Licensor may make such repairs wmtheut liability to true to Licensee, its merchandise, fixtures or other property or to Licensee's business by msibility. Neither Licensor nor Owner, nor their principals, agents and employees shall be liable for, and loss or damage economic or otherwise, to Licensee's business or damage to person or property sustained ming bYy, through or under Licensee resulting from any accident or occurrence in, on or about a License er, including, without limitation, claims for loss, the or damage resulting from: I) any equipment or f repair, i) injury done or occasioned by wind or weather, ii) any defect in or failure to operate, for whatever or air-conditioning equipthment, electric wiring or the installation thereof, gas, water or steam pipes, stairs, iroken glass; v) the backing up of any sewer pipe or downspout; v) the bursting, leaking or running of any set waste pipe, drain or oer pipe, w) the escape of steam or water, viii) water, snow or ice being upon or ht, trap door, stairs, doorways, winnows, walks or any other place upon or near the Center, a) 'the fa II ing of car other material, x) any act, omission or negligence of other licensees or any other persons or occupants of contiguous, buildings, of owners of ad'acent or contiguous property or the public, or by operation in the) ilic orquasi-public work; A) any lack of or impeded access to the Center, xii) failure of Licensor or Owner to ure of Licensor or Owner to light or otherwise maintain the parking or other common areas; or xiv) any other iaxjmum extent permitted by law Licensee agrees to use and occupy the License Area, and to use such Licensee is herein given the right to use, at Licensee's own risk. of Recovery. Licensee hereby releases and waives all right of recovery which it might otherwise have that tenants of the Center, and their respective a ents and employees by reason of any loss or damage aim, action or cause of action against Licensor or Owner, damage or injury or other occurrence no matter t the same is covered by the Licensee's insurance (assuming no deductible) or which would have been I with the requirements of Section 6(C) of this License. icensee is responsible for all store sr'gnage, including interior and exterior signs. All signage must be pre -approved by Licensor before installation. Hand-written signs are not permitted. using. The Licensee shall comply with the visual merchandising standards adopted by or promulgated by " OCUUMy. ucensee snap Do responsrpre Tor its own security aunng aaytime and nighttime hours. licensor shall not be liable for the security of tenant's displays, fixtures and/or merchandise in the License Area. notice. 22. Access. Licensor shall have the right to access the License Area and Licensee's place of business at all times without prior 23. Trash and Refuse Removal. Licensee shall remove, at its sole cost and expense, all trash and refuse in an expedient and orderly manner. All such trash and refuse shall be kept completely within the License Area and out of the public view until so removed. If trash service Licensor. is provided by Licensor, the Licensee will be responsible to pay the appropriate fee for this service, as determined by the 24. Confidentiality. N/A 25. Informational Use. Any informational material which is or has been provided to Licensee is for reference only and no representations or warranties are made conceming any item contained therein including, without limitation, applicability of the material to any particular business or location. Use of this material is solely at the user's risk and discretion. 26. Representations. Licensee acknowledges that Licensor has made no representations concerning the possibility of any extension or continuance of this License, other than as specifically stated in this License. 27. Personal Guaranty. N/A 28. Additional Terms. Licensee agrees to improve space at Licensee's expense and must conform to Forest CiNs specification approved by Tenant CooratIon . LICENSEE: LICENSOR: FOREST CITY COMMERCIAL MANAGEMENT, INC. • By: acting as authorized agent Its By: GUARANTOR: ,,, Its nhsb a Pe .Ow�wa sPew ft) Date Signed: APPROVAL CITY ATTORNEY DIRECTORFI CITY MANAGER ERR CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Jim Domenoe. Police Chief DATE: September 28, 2004 SUBJECT: Promenade Mall Storefront Lease Agreement PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council; 1) Approve the lease agreement in substantially the form presented, with the chances recommended by the City Attorney, for a Police Department storefront facility in the Promenade Mall beginning October 1, 2004 and terminating after a five year period; 2) Approve the attached amended and restated agreement for partial funding of police services by and between the City of Temecula and Town Center Associates, L.P; 3) Increase Reimbursement Revenue to the General Fund by $17,500; 4) Approve an additional appropriation of $17,500 to Police Department Budget. BACKGROUND: On July 27, 2004, City Council approved a lease agreement with Forest City for a Police Department storefront facility at the Promenade Mall at a lease rate of $1.00 per year for five years. Following this approval, Forest City has formally requested that the terms of the agreement be changed due to restrictions and regulations by their Finance Institution. The current lease rate for a 1,800 sq. ft. space is $17,500 per year. In order for Forest City to meet the terms and regulations they agreed to when financing the Promenade Mall, they must maintain the value set for the space and bill at that rate. However, Forest City will reimburse the City $17,500 which will offset this cost and the $1.00 per year lease arrangement will remain unchanged. The City currently has an agreement with Forest City that requires the Promenade Mall to pay for Police services. This agreement will be increased by $17,500 annually which offsets the payment of rent for the facility. Also, per City Attorney recommendation, the following language will be added to the attached draft Lease Agreement to allow for termination in the event the police agreement is terminated: "Lessee may terminate this lease on five (5) days written notice to Lessor in the event that the Amended and Restated Agreement for Partial Funding of Police Services by and between the City of Temecula and Towne Center Associates, L.P., is terminated or Towne Center Associates L.P. fails to make payments pursuant to said Agreement." R:\ASHLEYSISUIY Rryq,u\P—dc Mall Police S WR MI. A. Mmeme FISCAL IMPACT: This action will require an additional appropriation of $17,500 to the Police Department budget. In addition, Reimbursement Revenue to the General Fund should be increased by $17,500. This revenue will be based on the amended agreement that requires the Mall to reimburse the City for Police services in the amount of $102,500 annually. ATTACHMENT: Letter from Mike Dobl ado, Forest City Agreement for Partial Funding of Police Services Draft Lease Agreement RAASHUYWUffltCPoM)PNmnuEe Mall Police Somlj-)im Wme ,c SEP, 7.2004 9:22AM PROMENADE -MALL NO.417 P. 2 AM A` THE PROMENADE In Temecula September7, 2004 To whom it may concern The Promenade in Temecula is pleased to be able to work with the City of Temecula and Police Department by making available a location in the new expansion for a term of five years. This space would normally be considered a valuable gross leasable space, but in the efforts of our on going dedication to the community we want to provide space 1970 for the new sub station. Due to the restrictions and regulations by our Finance Institution, we are regulated to maintain the value of the space which is currently $17,500. In order to meet our obligations with our Financial Institution and meet the terms and regulations we agreed to for the financing of the Promenade, we must maintain the value set for the space and bill at that rate. Terms and conditions have been met by Mike Doblado, General Manager with Forest City and with the spokesperson for the city in order to make sure the city is reimbursed through additional security which will offset this cost. If you have any questions, please feel free to call me @ 909-296-0975. Sincerely, Mi Doblado Ge ral Manager Forest City Ik 40820 Wmchester Road, Suite I700 Temecula, C-4 92591 909-296-0979 • Fax. 909-296.0973 • www.promenadeiniewcula.com AMENDED AND RESTATED AGREEMENT FOR PARTIAL FUNDING OF POLICE SERVICES BY AND BETWEEN THE CITY OF TEMECULA AND TOWNE CENTER ASSOCIATES, L.P. THIS AMENDED AND RESTATED AGREEMENT is made and effective as of September 28, 2004, between the City of Temecula, a municipal corporation ("City") and Temecula Towne Center Associates, L.P., a California corporation ("Manager"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Agreement is made with respect the following facts and purposes which each party acknowledges to be true and correct: a. Manager is the owner of certain real property in the City of Temecula generally located at 40820 Winchester Road and known as the "Promenade." The Promenade occupies approximately 120 acres of regional retail shopping in a mall. There are four major department stores anchoring the mall and a capacity of approximately 1,250,000 square feet of retail and specialty shops, with a 15-screen movie theater. b. The Promenade will attract many people for shopping, dining and entertainment. c. The Promenade employs a large private security force to patrol the mall and assist visitors to the mall. Due to the large volume of visitors and the retail nature of the establishment, calls for police service will increase in the area of the Promenade a nd an increased police presence in the area of the Promenade will be required. The City of Temecula will also be maintaining a police substation in the Mall in order to meet the needs of police services in the Mall and surrounding area. d. In order to mitigate the impact of the increased calls for police services and the need for a greater police presence in the area, Manager has agreed to assist with funding additional police services for the City of Temecula for a period of tNO years. Manager understands and acknowledges that police services for the City of Temecula are provided through a contract between the City of Temecula and the County of Riverside whereby members of the Riverside County Sheriffs Department provide police services within the City. e. The parties hereto acknowledge the sufficiency of the consideration for this Agreement. 2. Manager agrees to pay to the City of Temecula the sum of one hundred two thousand four hundred ninety nine dollars ($102,500.00) per year for the purpose of assisting the City in paying for additional police services for the City. This sum shall be 793066.2 9/20/04 paid in twelve (12) monthly installments of eight thousand five hundred forty-one dollars and sixty-seven cents ($8,541.67), due within twenty (20) days due on the first day of each calendar month. This cost sharing program provides two (2) sworn deputy sheriffs working forty (40) hours each at the mall for a total of eighty (80) hours coverage per week, for a period of two years. 3. City shall use the funds for police services in addition to those provided for the City as of September 1, 2003. Both parties acknowledge and agree that the Sheriff of Riverside County, through his authorized deputies, shall retain sole discretion as to the deployment of law enforcement personnel and the establishment and execution of law enforcement priorities within the City, unless otherwise provided by the agreement between the City and the County of Riverside for police services. 4. The term of this Agreement shall be two years from the date first written above, unless terminated as herein provided. City may terminate this agreement on five (5) days notice to Manager in the event that the Lease between the City and Manager for the Police Substation within the Mall is terminated for any reason or Managerfails to make the monthly payment on the date due. In the event the Manager fails to make the payment on the date due and City incurs any penalties or late charges on the Lease for the Police Substation, then Manager shall pay to the City the amount of any such penalties or late charges. 5. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: City Manager To Manager: The Promenade in Temecula 40820 Winchester Road Temecula, CA 92591 Attention: Mike Doblado, General Manager 6. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written relating to these obligations are merged into this Agreement and shall be of no 793066.2 9/20/04 further force or effect, provided however, that nothing herein is intended nor shall it be construed to modify that certain "Development Agreement By and Between the City of Temecula, Temecula Towne Center Associates, L.P., a California Corporation, and LGA 7, an Illinois corporation," dated as of December 17, 1996 nor the Lease for the Police Substation between the City and Temecula Towne Center Associates, L. P., dated as of September 28, 2004. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. Manager warrants and represents to City that the person signing this Agreement on behalf of the Manager is fully authorized to do so and that all corporate approvals for this Agreement have bee duly given. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson City Manager Attest: Susan W. Jones, CIVIC City Clerk Approved As to Form: Peter M. Thorson City Attorney Towne Center Associates, L.P. By: _ Name: Title: By: _ Name: Title: D1;AFT Date Prepared: June 23, 2004 LICENSE AGREEMENT New NO. PIT-2004-73 LICENSEE ("Licensee") LICENSOR (Property Owner or Agent) ("Licensor") Name: City of Temecula Name: Forest City Commercial Management, Inc., acting as authorized agent for ."Owner' Street Address: 43200 Business Park Drive Street Address: 40820 Winchester Rd. City, State, Zip Code: Temecula, CA 92589 City, State, Zip Code: Temecula, CA 92591 Trade Name: City of Temecula Police Department (Sub Station) Location: Temecula, CA Shopping Center Trade Name ("Center'): The Promenade in Temecula Telephone No.: 909-694-6444 Telephone No.: 909-506-3981 License Commencement Date: June 24, 2004 License Expiration Date (unless ead ler terminate +ay�7� 2009 FIXED LICENSE FEES Total for Pay Period Total for Term of License Payment Due Date MINIMUM LICENSE FEE: $1.00/annually (June 2004-June 2009) $1.00/annually (June 2004- June 2009) Due 1"of the year MARKETING FEE: N/A OTHER FEES: N/A TOTAL FIXED LICENSE FEES: $5.00/Term (June 2004-June 2009) 1 $5.00/Term (June 2004-June 2009) Due 1" of the year Pay Period for Fixed License Fees (payable to :The Promenade in Temecula" by pre -approved company check, certified check or ey order Daily oWeekly Monthly x Annually Other This License: "includes a Percentage Fee of _% of all Licensee's net sales and revenues in excess of a break point of . Percentage Fee for a given month is due an paya eon e h day of the following month. 1 licensees Licensee License s Licensee Xdoes not include a Percentage Fee Sole purpose for which Licensed Area can be used by Licensee: Licensee will take ossession of s ace 1870 for the use of a Police u Cation an or no of er Dumose w atsoever Based on the terms and information stated above which is an integral part of this License and hereby, grants to Licensee a NON -TRANSFERABLE REVOCABLE LICENSE for the temporary use Ie Area') consisting of approximately 1748- S ace 1870 square feet in the retail facility known as sated at 40820 Winchester Rd.. TemecuTL�doul. s Fee is $ N/A . If Licensee utilizes an amount of electricity greater than the average of other nsor may rom tme o ime bill Licensee for the reasonable cost to Licensor of such extra electricity. Is to transfer utilities and pay directly to utility company as available and approved by Licensor icensee further agrees that it shall, at its sole cost and expense: At all times maintain the License Area in good, clean and safe c return the License Area to Licensor in broom clean condition and resl possession. No work shall be performed in or to the License Area wit At all times observe and comply with all laws, ordinances, rules, magement and Licensor, as well as secure all permits and licenses and in accordance with Licensors specifications, and dress in a Dro in rom pernlmng or conauctmg any illegal or imr or customers. Licensor shall be the sole judge as on the expiration date of the Term of this st as good a condition as it Hras in before s prior written approval.. ind code requirements, Including those of iw. At all times conduct its activities in a ge and in a manner that will complement priate attire at all times while in the Center In accordance with the standards of good id shall not cause a nuisance to Licensor, nmoral or nuisance activities. (C) Licensee covenants and agrees that from and after the date of delivery of the License from Licensor to Licensee, and during the I em1 of this License or any renewal thereof, Licensee will carry and maintain, at its sole cost and expense, the following types of insurance, naming both Licensee, owner, and Licensor as insureds, commercial general liability insurance issued by an Insurance comoanv authorized to do business in the etntn in which tha I fceucn A.ce i� kl. fo.l —A ..,.°a A niu ,...._..__ :_ .�_ ___. _.._.._. _ 10. Default Licensor may exercise any remedyavailable to it at law or in eeqquity upon Licensee's breach or default of this License. An breach or default by the Licensee under this License shall constitute a defau8 under any other Agreement or Lease between Licensor and Licensee. Any breach or default under any other Agreement or Lease between Licensor and Licensee shall constitute a default under this License. Licensee will reimburse Licensor for any and all costs and expense including reasonable attorneys' fees which Licensor incurs in connection with the enforcement of this License. Licensee hereby agrees that Licensor shall have no duty to seek a court order or provide due process before evicting Licensee from the License Area and removing Licensee's property frorn the Center. Licensee herebyY waives any right to a fury trial in any lawsuit commenced in connection with this License. 11. Limitation of Right of Recovery Against Licensor. There shall be no personal liabil'dy of Licensor or Owner (nor any of their partners, beneficiaries, officers directors, venturers, shareholders or affiliated entities) in respectfo any of the terms of this License. In the event of any breach or default by Licensor under this License, Licensee shall look solely to the equity of Owner in the Center for the satisfaction of Licensee's remedies. 12. This License may be modified only in a writing signed by Licensor and Licensee. 13. Notices. All notices or payments made pursuanfto this License Will be to the address above stated. 14. Rules. Licensee shall comply with all Rules which may be made effective by Licensor from time to time. Failure to comply With any such Rules shall constitute a default in this License. 15. License Area Maintenance. Byy taking possession of the License Area, Licensee shall be deemed to have: i) inspected the License Area ii) accepted the License Area "AS IS" vnth no representation or warranty by Licensor as to the condition of the Licensor Area, its suitability for Licensee's proposed operation or the improvements therein; and iii) agreed atthe Licensor has no obligation to improve or repair the License Area. Any improvements must be approved in advance by Licensor. 16. Repairs and Maintenance by Licensee. Licensee shall, at all times during the Tern of this License, maintEiin at its sole cost and expense, the License Area in good and tenantable condition and make all necessary replacements and repairs Gt the License as: maintain the License Area as set torah herein; or it) Licensor, in the exercise of its sole discretion, determines that emergency repairs are necessary; or iii) repairs or replacement of any portion of the License Area or the Center are made necessary by any ad, omission or negligence of Licensee or its agents, employees or assignees, then in any such event, Licensor may make such repairs without liability to Licensee for any loss or damage that may accrue to Licensee, its merchandise, fixtures or other property or to Licensee's business by reason of such repair. Further, upon completion of any such repair, Licensee shall pay upon demand, as additional Fixed Fee, Licensors cost for making such repairs together with Licensors administrative costs related thereto, which administrative costs shall equal 1.20 times the total cost oT such repair. 17. Waiver of Responsibility. Neither Licensor nor Owner, nor their principals, agents and employees shall be liable for, and Licensee waives, all claims for loss or damage economic or otherwise, to Licensee's business or damage to person or prope sustained by Licensee or any person claiming by, through or under Licensee resulting from any accident or occurence in, on or about the License Area or any part o the Center, including, with limitation, Gains for loss, theft or damagge resulting from: i) any equipment or appurtenances becoming out of repair, ii) in)ury done or oCx tl iiel d by wind or weather, iii) any detect in or failure to operate, for whatever reason, any sprinkler, heating or air conditioning equipment, electric wrong or the installation thereof, gas, water or steam pipes, stairs, porches, railings. or walks; iv)_ broken glass; v) the backing up of any sewer pipe or downspout; vi) the bursting, leaking or ninnino of anv rang, mp wasnstanu, water cioset waste pipe, arain or omer pipe- vii) me escape or steam or water; viii) water, snow or ice being upon dr coming through the roof, skylight, trap door, stairs, doorways, winnows, walks or any other place upon or near the Center; ix i the falling of any fixture, p aster, tile, stucco or other materials x) any act, omission or negligence of other licensees or any other persons or occupants of the Center or of adjoining or contiguous, buildings, of owners of ad'acent or contiguous property or the public, or by operation in the construction of any private, public orquasi-public work; A) any lack of or impeded access to the Center; xii) failure of Licensor or Owner to advertise or market; xiii) the failure of Licensor or Owner to light or otherwise maintain the parking or other common areas; ordv) any other cause of any nature. o the maximum extent permitted by law Licensee agrees to use and occupy the License Area, anti to use such other portions of the Center as Licensee is herein given the right to use, at Licensee's own risk. 18. Waiver of Right of Recovery. Licensee hereby releases and waives all right of recovery which it might otherwise have against Licensor, owner, the other tenants of the Center, and their respective agents and employees by reason of any loss or damage resulting from any recovery claim, action or cause of action against Licensor or Owner, damage or injury or other occurence no matter how caused, to the extenf that the same is Covered by the Licensee's insurance (assuming no deductible) or which would have been covered had Licensee complied with the requirements of Section 6(C) of this License. 19. Signage. The Licensee is responsible for all store signage, includingg interior and exterior signs. All signage must be professionally constructed and pre -approved by Licensor before installation. Hand-writfens igns arenot permitted. 20. Visual Merchandising. The Licensee shall comply with the visual merchandising standards adopted by or promulgated by Licensor and is required to submit a visual merchandising plan for approval. The Licensee understands and agrees to implement visual merchandising recommendations of the Licensor and change visual merchandising presentation as requested by the Licensor. 21. security. Licensee shall be responsible for ifs own security during daytime and nighttime hours. Licensor shall not be liable for the security of tenant's displays, fixtures and/or merchandise in the License Area. notice. 22. Access, Licensor shall have the right to access the License Area and Licensee's place of business at all timer without prior 23. Trash and Refuse Removal. Licensee shall remove, at its sole cost and expense, all trash and refuse in an Expedient and orderly manner. All such trash and refuse shall be kept completely within the License Area and out of the public view until so removed. If trash service is provided by Licensor, the Licensee will be responsible to pay the appropriate fee for this service, as determined by the Licensor. 24. Confidentiality. WA 25. Informational Use. Any informational material which is or has been provided to Licensee is for reference only and no representations or warranties are made concerningg anyy item contained therein including, without limitation, applicability of the material to any particular business or location. Use of this materialis solely at the user's risk and discretion. 26. Representations. Licensee acknowledges that Licensor has made no representations concerning the possibility of any extension or continuance of this License, other than as specifically stated in this License. 27. Personal Guaranty. N/A 28. Additional Terns. Licensee agrees to imorove space at Licensee's expense and must conform to Forest Citv s specification aggroved by Tenant CoorUinafion. LICENSEE: LICENSOR: FOREST CITY COMMERCIAL MANAGEMENT, INC. y By: acting as authorized agent Its By: Its GUARANTOR: , ------- 7rw- (this u a peiwnel alpr,eWn aiE taeeroa personal VoHity) Date Signed: ITEM 14 APPROVAL i CITY ATTORNEY DIRECTOR OF FINANCtn_ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Planning Director DATE: September 28, 2004 SUBJECT: Rancho California Road Widening from 1-15 to Jefferson Avenue/Old Town Front Street PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council adopt a Negative Declaration for EA 04-113 and direct staff to file the Notice of Determination. BACKGROUND: To further improve traffic circulation within the City, the City Council approved the Fiscal Year 2003-2004 Capital Improvement Program, authorizing the widening of Rancho California Road. The proposed improvement consists of widening Rancho California Road (RCR) from 1-15 to Jefferson Avenue/Old Town Front Street (Front). The project specifically includes the addition of a second left turn lane from westbound RCR to southbound Front Street, adding a right turn lane (widening) along eastbound RCR and the reconstruction of the raised center median. The project also entails property acquisition, utility relocation, infrastructure relocation or modification, construction of new pavement and parkway, an engineered 2:1 slope, a retaining wall and the re -landscaping of disturbed areas. The City Planning Department prepared an Initial Environmental Study on the proposed Rancho California Road Widening project to identify any potential impacts on the environment. The Notice of Proposed Negative Declaration and comment period began on August 17, 2004 and continued through September 17, 2004. To date, we have received one letter from the Native American Heritage Commission (NAHC) requesting additional documentation to identify and mitigate project related impacts on cultural resources. Staff believes that it is not necessanr to conduct the additional cultural resource analysis requested by the NAHC because the roadway ramp that is being modified was artificially created by the original construction of Interstate 15. The manufactured nature of the road/freeway ramp area and the surrounding development eliminates the possibility of impacting cultural resources. As a result, staff recommends that the Cultural Resource discussion in the Initial Environmental Study be modified to read as follows: "The roadway and shoulder areas represent a previously manufactured earthen embankment that was installed as part of the original freeway construction. Undisturbed portions of the original ground surface that might contain cultural resources will not be affected by these improvements. In addition, the adjacent properties have been extensively graded and developed further reducing the potential for impacts to cultural resources. As a result, no impacts are anticipated." RAE Al 113 Rancho Calif Rd Widening at 1-15SCC Staff RepAcm Because of this clarified information, staff believes that the project will have no potential to impact cultural resources. Staff recommends that the City Council approve the Negative Declaration for the Rancho California Road Widening between 1-15 to Jefferson Avenue/Old Town Front Street. FISCAL IMPACT: Funding for the widening project has been obtained and identified in the FY 2003/2004 Capital Improvement Program (Account No. 210.165.624). ATTACHMENTS: 1. Initial Environmental Study 2. Letters Received 3. CIP Project Description RAE AREA 113 Rancho Calif Rd Widening at 1-15SCC Staff Regmldcc City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Rancho California Road Widening Environmental Assessment No. 113 Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Dale West 909 694-6400 Project Location Southside of Rancho California Road from 1-15 to Jefferson Avenue/Old Town Front Street, in the City of Temecula Project Sponsor's Name and Address City of Temecula 43200 Business Park Drive Temecula, Ca 92590 General Plan Designation Highway Tourist Commercial HTC Zoning Hicihwav Tourist Commercial (HT), Specific Plan SP-5 Old Town Description of Project Widening Rancho California Road (RCR) from 1-15 to Jefferson Avenue/Old Town Front Street (Front). The project specifically includes the addition of a second left turn lane from westbound RCR to southbound Front Street, adding a right turn lane (widening) along eastbound RCR and the reconstruction of the raised center median. The project also entails property acquisition, utility relocation, infrastructure relocation or modification, construction of new pavement and parkway, a retaining wall, an engineered 2:1 slope and re -landscaping disturbed areas. Surrounding Land Uses and Setting Site: Existing urbanized area North: Existing commercial East: Interstate 15 South: Existing Commercial West: Open Space across Old Town Front Street and Jefferson Street Other public agencies whose approval Caltrans is required RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. Land Use Planning Hazards Po ulation and Housing Noise Geologic Problems Public Services Water Utilities and Service Systems Air Quality Aesthetics Transportation/Circulation Cultural Resources Biological Resources I Recreation Energy and Mineral Resources Mandatory Findings of Significance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the Droject proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a `potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a'potentially significant impact' or "potentially significant unless mitigated. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Dale West. Printed name Date Associate Planner RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 2 1. Land Use and Planning. Would the project: Potentially Potentially Significant Unless Less Thai Significant Mitigation Significart No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Physically divide an established community? b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation Ian? Comments: The project consists of widening approximately 600 feet of Rancho California Road (RCR) in a developed commercial area. The proposed road improvements would not further divide the community. The proposed improvements to RCR would make this segment of RCR an eight (8) lane Urban Arterial, which is consistent with the proposed Circulation Element of the General Plan currently being prepared. While the proposed improvements include the acquisition of land, this acquisition does not include any land in designated open space areas. As a result, no significant impacts are anticipated. RAE AEA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 3 2. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Thai Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Comments: The project consists of widening approximately 600 feet of RCR in a developed commercial area. The proposed widening will not affect any housing units or displace any residents. As a result, no significant impacts are anticipated. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 4 3. GEOLOGY AND SOILS. Would the project? Potentially Potentially Significant Unless Less Than Significant Mitigation Significart No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b. Result in substantial soil erosion or the loss of topsoil? C. Be located on a geologic unit or soil that is unstable, or �I that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Comments: The project site is not located within an Alquist-Priolo Special Study Zone. However, it is located in an area between two Alquist-Priolo Special Study Zones (the Willard and Wildomar Faults) and within the delineated liquefaction/subsidence hazard area. A seismic event could cause potential damage to the roadway or retaining wall that would render it unsafe for public use. To mitigate any potential impacts, standard design and construction techniques will be used to ensure that the improvements should remain intact following a seismic event, as a result, no significant impacts are expected to occur. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 5 4. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially Significant Unless Less Thai Significant Mitigation Significant No Issues and Supporting Information Sources impact Incoroorated Impact Impact a. Violate any water quality standards or waste discharge re uirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of the site �1 or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? �I h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? Comments: The widening of RCR could result in some on -site construction related water quality impacts related to sedimentation/erosion and the potential for impacts from oil and grease from heavy equipment used during construction. These impacts can be mitigated through Best Management Practices to minimize construction related point source discharges into the storm drain channels. The project may also result in a small incremental increase in runoff volumes because of the increased paved surface. The proposed road widening is expected to have no significant effect on hydrology or water quality standards beyond Current characteristics of local roadway runoff. As a result, no significant impacts are expected to occur. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 5. AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the Ifollowing determinations. Would the project: Potentially Potentially Significant Unless Less Thai Significant Mitigation Significant No Issues and Supporting Intonation Sources Impact Incorporated Impact Impact a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially 4 to an existing or projected air quality violation? C. Result in a cumulatively considerable net increase of any 4 criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors? d. Expose sensitive receptors to substantial pollutant 4 concentrations? e. Create objectionable odors affecting a substantial number 4 of people? Comments: The project will result in some short term localized air quality impacts related to the construction of the project. These impacts are expected to be of short duration and non -significant. The project is Expected to reduce congestion and delay at the intersections of RCR and Old Town Front Street and at the 1-15 southbound onramp. This reduction is expected to result in an incremental improvement in local air quality. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 7 6. TRANSPORTATION/TRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs �1 supporting alternative transportation (e.g., bus turnouts, bicycle racks? Comments: The widening of RCR will have a positive benefit to the area's vehicular circulation. Thel addition of a second left turn lane from RCR to Old Town Front Street (Front) will enable better stacking of vehicles at the signalized intersection. The additional left turn lane will better separate vehicles intending to turd left from RCR onto Front from vehicles intending to continue westbound on RCR. The addition of a right turn lane on eastbound RCR from Front to the southbound 1-15 on ramp will also allow for separation of vehicles intending to travel eastbound on RCR. The proposed improvement will enable additional vehicles to pass through the intersection of RCR and Front and the RCR/1-15 Interchange. As a result this project is expected to have an incremental improvement to local vehicular circulation. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 8 7. BIOLOGICAL RESOURCES: Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? C. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? Comments: The project is located in a highly urbanized area and lacks the physical or plant characteristics suitable to support any endangered animal or plant species and therefore will not significantly affect biological resources. The area is located within the Stephen's Kangaroo Rat Habitat Fee Area and the Multi Species Habitat Conservation Plan Area but as a public project, the project is exempt from payment of the regional impact mitigation fees. As a result, no significant impacts are expected to occur. RAE A\EA 113 Rancho Calif Rd Widening at 1.15\Initial Study - EA 113.doc 9 8. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact incorporated Impact Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use Ian? Comments: The proposed project will require the use of commonly used construction materials. The project will not impact regional or locally important resources, or mineral resources that have a value to the region and the residents of the state. As a result, no significant impacts are expected to occur. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 10 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact Create a significant hazard to the public or the environment through the routine transportation, use, or dis osal of hazardous materials? Fb.a. Crate a significant hazard to the public or the 4 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or 4 acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of 4 hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, 4 where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation Ian? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: The construction of this project will not expose area residents to any new hazardous materials not already transported through this area or found in adjacent areas. As a result, no significant impacts are expected to occur. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 11 10. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Thai Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive �l roundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ro.ect? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the ro'ect area to excessive noise levels? Comments: The existing land uses in the proposed project area are largely commercial with some open space to the west of Old Town Front Street. The construction of the proposed project will result in construction - related noise and vibration however, these impacts will be of relatively short duration and will not significantly impact surrounding land uses. No new noise impacts are expected to occur as a result of this project. As a result, no significant impacts are expected to occur. RAE A\EA 113 Rancho Calif Rd Widening at 1.15\Initial Study - EA 113.doc 12 11. PUBLIC SERVICES: Would the proposal have a substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Potentially Significant Unless Less Thai Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Fire protection? b. Police protection? c Schools? d. Parks? e Other public facilities? Comments: The proposed construction project will not adversely affect the demand or the need for public services however, the proposed project may result in an incremental increase in road and landscape maintenance costs. The proposed roadway widening project is expected to enhance vehicular traffic: flow, thus potentially improve the response time for police, fire and ambulance services. Overall, no significant impacts are expected from this project. RAE A\EA 113 Rancho Calif Rd Widening at I-15\Initial Study - EA 113.doc 13 12. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significart No Issues and Supporting Information Sources Impact Incorporated Impact Impact 4 a. Exceed wastewater treatment requirements of the a licable Regional Water Q inlihi Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the 4 project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment 4 provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the roject's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations related to solid waste? Comments: The proposed project will involve the modification of an existing storm drain to accommodate the proposed widening of RCR; however, the project is not expected to have an effect on existing public utilities or service systems. As a result, no significant impacts are expected to occur. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 14 13. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Thai Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Have a substantial adverse effect on a scenic vista? 4 b. Substantially damage scenic resources, including, but not 4 limited to, trees, rock outcropping, and historic building within a state scenic highway? C. Substantially degrade the existing visual character or 4 aualitv of the site and its swroundin s? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Comments: There are no scenic vistas or scenic resources within the proposed project area. The construction of road improvements will have a temporary affect on views in the immediate area. Some mature landscaping will be removed during construction. After construction the landscaping will be replaced with appropriately sized landscape varieties. As a result, no significant impacts are expected to occur. RAE AEA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 15 14. CULTURAL RESOURCES. Would the project: Potentially Potentially. Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Cause a substantial adverse change in the significance of �I a historical resource as defined in Section 1506.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5? C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Clarified text approved by the City Council: "The roadway and shoulder areas represent a previously manufactured earthen embankment that was installed as part of the original freeway construction. Undisturbed portions of the original ground surface that might contain cultural resources will not be effected by these improvements. In addition, the adjacent properties have been extensively graded and developed further reducing the potential for impacts to cultural resources.. As a result, no impacts are anticipated." RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 16 15. RECREATION. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significart No Issues and Supporting Information Sources Impact Incorporated impact Impact a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: The proposed project will not affect the demand for or adversely affect recreational facilities. As a result, no impacts are expected from this project. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 17 16. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Potentially Significant Unless Less Thai Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The proposed widening of RCR is in an existing commercial area of the City and does not have the potential to degrade the quality of the environment, have a cumulative impact of the environment, or eliminate important examples of the major periods of California history or prehistory. As a result no :significant impacts are anticipated. RAE A\EA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 18 17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, proglram EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-s ecific conditions for the project. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. RAE A\FA 113 Rancho Calif Rd Widening at 1-15\Initial Study - EA 113.doc 19 City of Temecula Planning Department Notice of Proposed Negative Declaration PROJECT: Rancho California Road Widening —Environmental Assessment No. 113 APPLICANT: City of Temecula LOCATION: Rancho California Road west of 1-15 and east of Old Town Front Street in the City of Temecula, Riverside County, California (see attached map). The widening of Rancho California Road will affect properties with the following AP Ns: 921-060-024&025, 921-740-001, 921-280-013, 921-070-030, 921-070-002, 921-070-017&018. DESCRIPTION: The widening of Rancho California Road from 1-15 to Jefferson Avenue/Old Town Front Street to provide second left turn lane from westbound Rancho California Road to southbound Jefferson/Old Town Front Street and adding a right turn lane to eastbound Rancho California Road to 1-15 to facilitate turning movements without impeding through -traffic. This project will also replace the raised median island in Rancho California Road. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. There are no mitigation measures required to reduce or mitigate the impacts of this project on the environment. The Comment Period for this proposed Negative Declaration is August 17, 2004 to September 17, 2004. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Negative Declaration is provided through: X The Local Newspaper. Posting the Site. X Notice to Adjacent Property Owners. If you need additional information or have any questions concerning this project, please contact Dale West, Associate Planner at (951) 694-6400. Prepared by: Dale West, Associate Planner (Signature) (Name and Title) RAE AREA 113 Rancho Calif Rd Widening at 1-I5SNOTICE OF PROPOSED NEGATIVE DECLARATIONAm 1 . �Ir 09/14/2004 11:15 FA3 916 657 53 NAHC [a 001/001 am OF CALI A I& A Id 6ehwarzermn,�2[af_ if NATIVE AMERICAN HERITAGE COMMISSION 915 CAPfTOL MALL. ROOM 364 SACRAMENTO. CA 95814 (916) 653-4089 (916) 667-5390 - Fax September 13, 2004 Mr. Dale West City of Temecula 43200 Business Park Drive Temecula, CA 92590 Re: Negative Declaratlon; Rancho California Road Widening (E404.113) SCH# 2004081098 Dear Mr. West: Thank you for the opportunity to comment on the above -referenced document The CEQA checklist in this document offers no supporting evidence, in accordance with the CEQA Guidelines (15063 (d) (3), regarding the conclusion that the project will cause no Identifiable impacts to cultural resources. In order to adequately identify and mltigate project -related Impacts on cultural resources, the Commission recommends that all of the following actions be taken: ➢ Contact the appropriate California Historic Resources Information Center for a record search. The record search will determine: • If a pan or all of the area of project effect (APE) has been previously surveyed for cultural resources. • If any (mown cultural resources have already been recorded on or adjacent to the APE. • If the probability is low, moderate, or high that cultural resources are located In the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present ➢ It an archaeological inventory survey is required, the final stage Is the preparation of a professional report detailing the findings anW recommendations of the records search and field survey. • The final report containing $Re forms, sfte significance, and mitigation measurers should be submitted Immediately to the planning department. All Information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and rat be made available for publo disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. ➢ Contact the Native American Heritage Commission (NAHC) for a Sacred Lards File search of the project area and Information on tribal contacts in the project vicinity who may have additional cultural resource Information. • Please provide U.S.G.S. location Information for the project site, including Quadrangle, Township, Section, and Range. • We recommend that you contact all tribes listed on the contact fist to avoid the unamicipmed discovery of sensitive Native American resources after the project has begun ➢ Lack of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the Identification and evaluation of accidentally discovered archeological resources, per California Environmental Quality Act (CEQA) §15064.5 (f). In areas of Identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge In cultural resources, should monitor all ground -disturbing activities. • Lead agencies should include In their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. ➢ Lead agencies should Include provisions for discovery of Native American human remains or cemeteries in their m8fga5cin plans. Health and Safety Code §7050.5 and Public Resources Code §15064.5 (a) and §5097.98 mandate procedures to be followed in the event of an accidental discovery of any human remains In a location other than a dedicated cemetery. Please feel free to contact me If you have any questions. Sincerely, Carol Gaubatz Program Argryst (916)663.6251 CC; State Clearinghouse F O_ A 9 C O d o 0 0 0 0 0 0 0 F o �n o0 0 0 0 o m O t+i N� •--� O N y��� u 0 y U vi va va v� vj 6s 69 6A n U w y N 'o 0 o " 0 , o V N O x� 0 L U N abi O � �b opo o 72 o 3 o o 0 O ,� 7 N �F � V o o 0 v, 0 o0 0 0 0 o 0 D 0 CDm m 3 c tl b G o�o rn v m m m0� O N U 69 69 69 69 69 U9 69 69 'C O N Ste.' N N i gi '05 om o sv 00 u a d •4 Cp O U U � W y « � W F Q U U m W a` Fo tss ma C ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Jim Domenoe, Police Chief DATE: September 28, 2004 SUBJECT: California Department of Justice — Drug & Alcohol Analysis/ Fingerprinting PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council approve an annual expenditure of $45,000 with the California Department of Justice for Drug & Alcohol analysis and Fingerprinting services. BACKGROUND: In July of 2001, the City of Temecula entered into an open agreement for all drug and alcohol testing and fingerprinting services with the California Department of Justice. The drug and alcohol testing services are provided by the laboratories of the Bureau of Forensic Services and include analysis of blood and urine samples, breath alcohol testing utilizing the intoxilyzer breath instrument, administrative and logistical support of field breath alcohol tests. Also, this agreement provides staff training of certified breath test operators and consultation and expert testimony on the technical aspects of all analysis. Any test to determine levels of intoxication from drugs or alcohol that is conducted by a law enforcement agency within Temecula City limits is bil.ed to the City by the California Department of Justice. Law enforcement agencies that may conduct these tests may include the Temecula Police Department, Murrieta Police Department, California Highway Patrol, and Riverside County Sheriffs Department. In addition, all fingerprinting services are provided by the California Department of Justice. These services include paper and live scan fingerprinting and are utilized by both the Temecula Police Department and Human Resources Department. Each year Riverside County District Attorney's office reimburses the City approximately 100%for all blood alcohol testing services which was approximately $20,000 last calendar year. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2004-05 Operating Budget. ATTACHMENT: DOJ Agreement for Services R:\ASHLEYSkSuffRc m9D01-B"Amlysis-Da ,dm PPR D AGREEMENT _ TTTTORNEEYYGENEERAL 01-210012-01 — arN� m woise�rr, made.ad mtaed moo fhis�,¢j dy of ,�. �, he Shoe of Califomis, by ead bet% m K* of Califomis, &NO its duly eladed or appointed, Valified aad so* ITORNEY GENERAL _ I CITY OF TEMECULA .haestbWQuad &aCity, mad :rAK a men t yr ova t eve: hercatfsr abed da Commda lbet 9m CmIradw for mad in eon"tatim of die ooveomb, coadifims, apeements, mad dipuLfime baeioe8a expfae4 does mby apeeto fbmieh to City eavices mad mmtaials ors follows: t8rfjorth savice to be ordered byConf ew, ambma to be paid Conftdor, rime jor rb mum orovoWkNomadamuhphouand Vs*%wdoru,tj W) This Agreement is hereby entered into by and between the State of 'California, Department of Justice, hereinafter referred to as 'DOJ' or Contractor, and the City of Temecula, a political subdivision of the State of California, hereinafter referred to as 'City', for the purpose of DOJ to provide alcohol analysis services for the City. Responsibilities of DOJ. Services shall be provided by the laboratories of the Bureau of Forensic Services, California Department of Justice, and shall be in accordance with E)tdbit A, which by this reference, is hereby incorporated into this Agreement. TemTs'of Agreement and Amendment Clause. The term of this Agreement shall be from July 1, 2001, and will continue until (1) written notice is received stating this agreement is cancelled; and (2) the agency discontinues requesting the services. This agreement may be amended in writing and not otherwise by mutual agreement of the parties hereto. INTNNED ON i SHEETS, EACH BEARING NAOF CONTRACTOR AND CONTRACT NUMBER PLUS EX 81TS A AND 8. _ ME N 1 CITY CONTRACTOR ITY OF ECULA DEPARTMENT OF JUSTICE - 7-W D seetilt D• as6soa AND OF PERSON SW DEBORAH MERRILL q .NANA= AOORess P. 0. Box 944255 CA 94244-2550 XWENGWISEPEDSacramento aNlerr erTN�s PRooRAvAmw +oRrtocoEArmrm� oapmrGatofaamralaWVf "e use omy . tooNrRAi,K 8r e AM TnM Aor�s nryoatlpsfaondWload efh avaT pedod andpmpose of the axpen dshd above. . CONTRAC N u srATEAGEWY U owr.oFoeLsm. ' U COMRwa ❑ CITY OF TEMECULA Standard Agreement 01-210014-01 Page Two Involcina. DOJ shall send monthly invoices to the City noting number of tests conducted, monttVyear tests were reviewed and total amount -due to: Payments shall be submitted to: Accounts Payable City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Department of Justice Accounting Services P. 0. Box 944255 Sacramento, CA 94244-2550 Examination and Audit. The Contractor parties of this Agreement shall be subject to the examination and audit of the State of California, Bureau of State Audits and the. Department bf Justice, Internal Control and Audits Program for a period of three (3) years after final payment under the terms and conditions to those matters connected with the performance of this Agreement, 'including, but not limited to, the costs of administering this Agreement. Termination. Either party may terminate this Agreement by giving the other party thirty (30) days written notice to the effective date of such termination. DOJ may terminate the performance'of services under this Agreement in accordance with this clause in whole on thirty (30) days written notice to the .City. Whenever payment has not been received for services rendered within 90 days of Invoice date, DOJ shall no longer perform services referenced on Exhibit A until all outstanding invoices have been paid In full. After such receipt of a notice of termination and except as otherwise directed by the DOJ, services provided under this Agreement shall stop on the date and to the.woent specified in the notice of termination. .In the event this Agreement is terminated by the City, DOJ shall be compensated .for services completed to the date of termination based upon the compensation rates, together with such additional service's performed after termination which are authorized by the City to complete the work performed to date of termination. The DOJ Contract Administrator shall be: The City Contact Person shall be: CITY OF TEMECULA Standard Agreement 01-210014-01 Page Three . Mary Hoffman Mission Support Branch 4949 Broadway, Room B-228 Sacramento, CA 95820 (916) 227-6432 City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589.9033 (909) 694 W Goveminn Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Conflict with Existina Law. The Contractor and the City agree that if any provision of this Agreement is found to be illegal or unenforceable, such term or provision shall ber deemed stricken and the remainder of this Agreement shall remain in full force and effect. Either party having knowledge of such terns or provision shall promptly informs the other of the presumed nonapplicability of such provision. Should the offending provision go to the heart of this Agreement, this Agreementshall be .terminated in ai manner commensurate with the interest. of both parties, to the maximum extent: reasonable. Validity. 'The invalidity in whole or in part of any' provision of this Agreement. shall nott void or effect the validity of any other provision of this Agreement. CITY OF TEMECULA Standard Agreement 01-210014-01 EXHIBIT A DOJ agrees to provide and the City of Temecula agrees to pay for the following services: Laboratory analysis of blood and urine samples for alcohol. The cost of drug analysis in addition to alcohol when available, will be included as part of this uniform fee of $35 charged per subject tested; Provision of a breath alcohol testing program utilizing the Intoxilyzer breath instrument; • Upon request, blood and urine sample containers, envelopes and mailers as normally provided by DOJ; • Administrative and logistical support of field breath ' alcohol tests utilizing the Intoxilyzer breath instrument including all associated accessories and supplies; • Provide and maintain Intoxilyzer breath test instruments at established location; and new locations as caseload warrants. This service includes complete instrument repair services as required for all DOJ Intoxilyzers; • Consultation and expert testimony on the technical aspects of all analyshi performed including the interpretation of the results relative to driving impairment on cases analyzed by DOJ; and • Training and retraining of certified breath test (Intoxilyzer) operators to establish and maintain their proficiency as required by Title 17, California Code of Regulations. ITEM 16 APPROVAL CITY ATTORNEY CITY MANAGER INANCE CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services DATE: September 28, 2004 SUBJECT: Upgrade to Schedule of Authorized Positions PREPARED BY:-W__�Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve a position upgrade from Recreation Services Manager to Cultural Arts Administrator in the Community Services Department. DISCUSSION: The Temecula Community Services Department (TCSD) currently has a vacant Recreation Services Manager position. This vacancy provided the opportunity for staff to review overall TCSD needs. Based upon this review, staff recommends upgrading the Recreation Services Manager position to a Cultural Arts Administrator which will position the TCSD to focus on meeting the growing cultural arts needs of the community. It is envisioned that a Cultural Arts Administrator will supervise activities at the Community Theater currently under construction, the Temecula Valley Museum and the Imagination Workshop, the Temecula Children's Museum. The Administrator would also take the lead role in the Arts in Public Places program and work closely with The Arts Council in the implementation of the Cultural Arts Master Plan. FISCAL IMPACT: The Cultural Arts Administrator would be a Division Head level position. The salary range for the Recreation Services Manager is $4,671-$5,978 monthly. The recommended salary range for the Cultural Arts Administrator is $5,494-$7,034 monthly. The increase in salary is $12,672 annually at the top step of the ranges. Because the Recreation Services Manager position has been vacant this entire fiscal year, sufficient funds are available and an appropriation increase is not necessary to upgraded position at this time. ATTACHMENT: Schedule of Authorized Positions RARUSERAGENDAStauthorized position upgrade -cc 9-28-04.doc City of Temecula SCHEDULE OF AUTHORIZED POSITIONS FY 04/05 Builflins & Safety ADMINISTRATIVE ASSISTANT BUILDING INSPECTOR II BUILDING INSPECTOR III COMMUNITY DEVELOPMENT TECH DEPUTY BUILDING OFFICIAL DIRECTOR, BUILDING & SAFETY OFFICE ASSISTANT OFFICE SPECIALIST PLAN CHECKERBLDG INSPECTOR SENIOR BUILDING INSPECTOR Building & Safety City Clerk ADMINISTRATIVE ASSISTANT CENTRAL SERVICES COORDINATOR CITY CLERK/DIR OF SUPPORT SERV DEPUTY DIR OF SUPPORT SERVICES MINUTE CLERK OFFICE ASSISTANT OFFICE SPECIALIST SR. RECORDS COORDINATOR Authorized Exempt/ Count Minimum Maximum NonExempt 1.00 7.00 1.00 4.00 1.00 1.00 2,00 1.00 1.00 1.00 Subtotals: 20.00 City Clerk Subtotals: 1.00 1.00 1.00 1,00 1.00 0.50 2.00 1.00 8.50 City Council COUNCILMEMBER 5.00 City Council Subtotals: 5.00 City Manaaer\Human Resources ADMINISTRATIVE ASSISTANT ASSISTANT CITY MANAGER ASST TO CITY MNGR/HR DIRECTOR CITY MANAGER EXECUTIVE ASSISTANT HUMAN RESOURCES ANALYST HUMAN RESOURCES SPECIALIST MARKETING COORDINATOR SENIOR MANAGEMENT ANALYST City Manager\Human Resources Subtotals: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 9.00 $ 2,888 $ 3,697 NE $ 3,641 $ 4,661 NE $ 3,941 $ 5,045 NE $ 3,010 $ 3,854 NE $ 5,475 $ 7,009 E $ 6,845 $ 8,761 E $ 2,020 $ 2,585 NE $ 2,178 $ 2,788 NE $ 3,941 $ 5,045 NE $ 4,344 $ 5,559 E $ 2,888 $ 3,697 NE $ 2,478 $ 3,171 NE $ 6,845 $ 8,761 E $ 5,263 $ 6,739 E $ 2,888 $ 3,697 NE $ 2,020 $ 2,585 NE $ 2,178 $ 2,788 NE $ 3,047 $ 3,900 NE $ 0 $ 860 NE $ 2,888 $ 3,697 NE $ 9,260 $ 11,853 E $ 6,845 $ 8,761 E $ 0 $ 13,203 E $ 3,816 $ 4,885 E $ 4,199 $ 5,375 E $ 3,414 $ 4,370 E $ 4,619 $ 5,913 E $ 5,102 $ 6,531 E Page 1 of 09/22/2004 4Updated on: City of Temecula SCHEDULE OF AUTHORIZED POSITIONS FY 04/05 Authorized Exempl/ Count Minimum Maximum NonExempt Community Services ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE AQUATICS SUPERVISOR 1.00 $ 3,579 $ 4,581 NE CULTURAL ARTS ADMINISTRATOR 1.00 $ 5,494 $ 7,034 E CUSTODIAN 2.00 $ 2,162 $ 2,768 NE DEPUTY DIR. OF COMMUNITY SVCS 1.00 $ 6,549 $ 8,382 E DEVELOPMENT SVCS ADMINISTRATOR 1.00 $ 5,509 $ 7,052 E DIRECTOR OF COMMUNITY SERVICES 1.00 $ 8,174 $ 10,463 E FACILITY MAINTENANCE COORD. 1.00 $ 2,984 $ 3,818 NE LANDSCAPE INSPECTOR 2.00 $ 3,067 $ 3,924 NE LEAD MAINTENANCE WORKER 2.00 $ 3,027 $ 3,873 NE MAINTENANCE SUPERVISOR 1.00 $ 4,237 $ 5,423 E MAINTENANCE SUPT. - TCSD 1.00 $ 5,206 $ 6,663 E MAINTENANCE WORKER 3.00 $ 2,571 $ 3,291 NE MANAGEMENT ANALYST 1.00 $ 4,619 $ 5,913 E MUSEUM SERVICES MANAGER 2.00 $ 3,679 $ 4,711 NE OFFICE SPECIALIST 3.00 $ 2,178 $ 2,788 NE PARK/LANDSCAPE MAINT SUPV 1.00 $ 4,237 $ 5,423 E RECREATION COORDINATOR 1.00 $ 2,923 $ 3,741 NE RECREATION SUPERINTENDENT 1.00 $ 5,494 $ 7,034 E RECREATION SUPERVISOR 3.00 $ 3,579 $ 4,581 NE SENIOR LANDSCAPE INSPECTOR 1.00 $ 3,525 $ 4,512 NE SENIOR RECREATION COORDINATOR 1.00 $ 3,216 $ 4,115 NE THEATRE MANAGER 1.00 $ 4,437 $ 5,680 E Community Services Subtotals: 33.00 Finance ACCOUNTANT 1.00 $ 3,717 $ 4,759 NE ACCOUNTING ASSISTANT 2.00 $ 2,404 $ 3,077 NE ACCOUNTING SPECIALIST 2.00 $ 2,781 $ 3,558 NE ACCOUNTING SPECIALIST -PAYROLL 1.00 $ 2,781 $ 3,558 NE ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE ASSISTANT DIRECTOR OF FINANCE 1.00 $ 6,490 $ 8,309 E BUSINESS LICENSE SPEC/CASHIER 1.00 $ 2,485 $ 3,182 NE DIRECTOR OF FINANCE 1.00 $ 8,174 $ 10,463 E FISCAL SERVICES MANAGER 1.00 $ 5,699 $ 7,295 E PURCHASING COORDINATOR 1.00 $ 2,781 $ 3,558 NE REVENUE MANAGER 1.00 $ 5,102 $ 6,531 E SENIOR ACCOUNTANT 1.00 $ 4,745 $ 6,074 E SENIOR DEBT ANALYST 0.50 $ 5,102 $ 6,531 E Finance Subtotals: 14.50 Fire ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE OFFICE SPECIALIST 1.00 $ 2,178 $ 2,788 NE Fire Subtotals: 2.00 Page 2 of 09/22/2004 4Updated on: City of Temecula SCHEDULE OF AUTHORIZED POSITIONS FY 04I05 Authorized Exempt/ Count Minimum Maximum NonExempt Information Svstems ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE DIRECTOR OF INFORMATION SYSTEM 1.00 $ 6,845 $ 8,761 E GIS ADMINISTRATOR 1.00 $ 4,717 $ 6,037 E GIS ANALYST 1.00 $ 3,592 $ 4,598 NE I.S. ADMINISTRATOR 2.00 $ 4,717 $ 6,037 E INFORMATION SYSTEMS SPECIALIST 1.00 $ 3,864 $ 4,946 E SR. I.S. SPECIALIST 1.00 $ 4,237 $ 5,423 E WEBMASTER 1.00 $ 3,592 $ 4,598 NE Information Systems Subtotals: 9.00 Plannin¢ ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE ASSISTANT PLANNER 1.00 $ 3,737 $ 4,784 NE ASSOCIATE PLANNER 6.00 $ 4,238 $ 5,424 NE CODE ENFORCEMENT OFFICER 2.00 $ 3,489 $ 4,466 NE CODE ENFORCEMENT OFFICER II 1.00 $ 3,839 $ 4,913 NE DEPUTY CITY MANAGER 1.00 $ 9,163 $ 11,729 E DEVELOPMENT PROC. COORDINATOR 1.00 $ 3,840 $ 4,915 NE DIRECTOR OF PLANNING 1.00 $ 7,581 $ 9,704 E OFFICE ASSISTANT 2.00 $ 2,020 $ 2,585 NE OFFICE SPECIALIST 2.00 $ 2,178 $ 2,788 NE PRINCIPAL PLANNER 3.00 $ 6,154 $ 7,878 E SENIOR PLANNER 1.00 $ 5,353 $ 6,852 E Panning Subtotals: 22.00 Police MANAGEMENT ANALYST 1.00 $ 4,619 $ 5,913 E Police Subtotals: 1.00 Page 3 of 09/22/2004 4Updated on: City of Temecula SCHEDULE OF AUTHORIZED POSITIONS FY 04105 Authorized Exempt/ Count Minimum Mazimum NonEaempt Public Works ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE ASSISTANT ENGINEER 7.00 $ 4,177 $ 5,349 NE ASSOCIATE ENGINEER 8.00 $ 4,912 $ 6,287 E CIP SPECIALIST 0.75 $ 3,317 $ 4,246 NE CONSTRUCTION MANAGER 1.00 $ 4,999 $ 6,616 E DEPUTY DIRECTOR PUBLIC WORKS 1.00 $ 7,329 $ 9,381 E DIR OF PUB WORKS/CITY ENG 1.00 $ 9,163 $ 11,729 E ENGINEERING TECHNICIAN 1.00 $ 2,822 $ 3,613 NE JUNIOR ENGINEER 1.00 $ 3,247 $ 4,156 NE LEAD MAINTENANCE WORKER 4.00 $ 3,027 $ 3,873 NE MAINTENANCE SUPERVISOR 1.00 $ 4,237 $ 5,423 E MAINTENANCE SUPT. - P/W 1.00 $ 5,206 $ 6,663 E MAINTENANCE WORKER 5.00 $ 2,571 $ 3,291 NE MANAGEMENT ANALYST 1.00 $ 4,619 $ 5,913 E OFFICE ASSISTANT 3.00 $ 2,020 $ 2,585 NE OFFICE SPECIALIST 3.00 $ 2,178 $ 2,788 NE PRINCIPAL ENGINEER 3.00 $ 6,597 $ 8,444 E PROPERTY AGENT 1.00 $ 4,912 $ 6,287 E PUBLIC WORKS INSPECTOR 2.00 $ 3,671 $ 4,699 NE SENIOR ENGINEER 2.00 $ 5,792 $ 7,414 E SENIOR PUBLIC WORKS INSPECTOR 4.00 $ 4,221 $ 5,403 NE SENIOR SIGNAL TECHNICIAN 1.00 $ 4,237 $ 5,423 NE SPECIAL PROJECTS ENGINEER 1.00 $ 4,912 $ 6,287 E Public Works Subtotals: 53.75 Redevelopment ADMINISTRATIVE ASSISTANT 1.00 $ 2,888 $ 3,697 NE DIR OF HOUSING & REDEVELOPMENT 1.00 $ 7,581 $ 9,704 E MANAGEMENT ANALYST 1.00 $ 4,619 $ 5,913 E Redevelopment Subtotals: 3.00 Totals: Building & Safety 20.00 City Clerk 8.50 City Council 5.00 City Manager 9.00 Community Services 33.00 Finance 14.50 Fire 2.00 Information Systems 9.00 Planning 22.00 Police 1.00 Public Works 53.75 Redevelopment 3.00 Total of Authorized Positions: 180.75 Page 4 of 09/22/2004 4Updated on: TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 14, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:33 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Roberts, Stone, and Washington ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 24, 2004. 2 Financial Statements for the Fiscal Year ended June 30. 2004 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2004. MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Director Stone and electronic vote reflected unanimous approval. PUBLIC HEARING 3 RECOMMENDATION: 3.1 Adopt a resolution entitled: RAMinutes.csd\091404 1 RESOLUTION NO. CSD 04-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING, AND GIVING NOTICE OF AN ELECTION TO BE HELD ON NOVEMBER 3, 2004, REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT MAP NOS. 26828-1, -2, AND FINAL IN ORDER TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2005-2006 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION 3.2 Approve the Election Notice, Ballot, and Procedures for the completion, return, and tabulation of the ballots. 3.2 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. Community Services Director Parker reviewed the staff report (as per written material). There being no public input, the public hearing was closed. MOTION: Director Naggar moved to approve staff recommendation including the adoption of Resolution No. CSD 04-11. The motion was seconded by Director Comerchero and electronic vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT No comments. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. RAM in utes. csd\091404 ADJOURNMENT At 7:37 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 28, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] RMAin utes.csd\091404 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER 7�- CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: September 28, 2004 SUBJECT: Japanese Garden Construction Contract PREPARED BY: '' Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors: 1) Award a contract to John Werber Construction Landscape, Inc., authorize the expenditure of $133,066.00 for the construction of the Japanese Garden atthe Temecula Duck Pond and approve a 10% contingency in the amount of $13,307.00. 2) Approve the appropriation of funds in the amount of $60,000.00 for the additional construction costs from General Fund Unsecured Fund Balance. DISCUSSION: The Community Services Department (TCSD) requested informal proposals from five contractors to construct the Japanese Garden. The TCSD received only one (1) proposal from John Werber Construction Landscape, Inc., a very competent contractor. However, the quote came in higher than anticipated. Staff felt that due to the short timeline to complete the project and the escalating cost of construction materials the price was still within current industry standards. The Japanese Garden is proposed for installation at the Temecula Duck Pond. The garden has been planned in honor of the 10t" anniversary of our Sister City relationship with Nakayama, Japan. Staff has worked closelywith Councilman Roberts and representatives from Nakayama to select the appropriate location and to develop construction plans for the Japanese Garden. The Temecula Duck Pond was chosen as the location due to the mature trees, the pond and water feature and the central location. It was important to our Japanese friends to incorporate the element of water into the design to represent our connection with the Pacific Ocean and to add interest to the garden. It was also very important to our Nakayama representatives to create a garden that was inviting and tranquil yet simple and sustainable. The garden will be located on the southwest side of the pond and will encompass approximately half an acre. The construction plan incorporates the use of stones and boulders, a stone water feature, seating areas, additional flowering trees and shrubs and a memorial plaque. R:\HARRINGK\AGENDA.RPTCC Japanese Garden Construction 9-2004.doc FISCAL IMPACT: The cost of the Japanese Garden construction contract is $133,066.00, plus an additional 10% contingency of $13,307.00. Funds in the amount of $87,195 have: been included in the City's Capital Improvement Program for Fiscal Year 2004-05. An additional appropriation of $60,000.00 will be necessary to fund the project from General Fund Unsecured Fund Balance. Attachment: Contract Conceptual Plan R:UHARRINGKWGENDA.RFI\CC Japanese Garden Constructlon 9-2004.dm | ` 2 � O E . U � 4 /I § § w§ _ W �� t eo .. . e CO z . d z �./. : � ~ � CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES (Minor Projects) THIS CONSTRUCTION CONTRACT, made and entered into as of Seoterriber 28, 2004 by and between the Temecula Community Services District ("City'), and John Weber Construction Landscape, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor shall construct and install all of the Mfork described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Wcrk") 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. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 2. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of One Hundred Thirty Three Thousand Sixty Six and 00/100 dollars ($133,066.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 5. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement, but in no event shall the total sum of the Agreement (basic contract amount and change order(s)) exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the City Council. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., 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 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. WEBER CONSTRUCTION LANDSCAPE CONTRACT 2004.DOC 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the 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 District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractcr at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against ;any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of R:WARRMGK\FORMSVOHN WEBER CONSTRUCTION LANDSCAPE CONTRACT 2007.DOC 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. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. than: 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. 1187) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State; of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less (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 projectllocation 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 injunt or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall CONSTRUCTION LANDSCAPE CONTRACT 2004.DOC contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance: or self -insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. PERFORMANCE AND LABOR MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the City. 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. R:WARRINGK\£ORMSUGHN WEBER CONSTRUCTION LANDSCAPE CONTRACT 2004.DOC 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 City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that It or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind 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, 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. 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 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. 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. 19. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. 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 CONSTRUCTION LANDSCAPE CONTRACT 2004.DOC 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. 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, 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: Temecula Community Services District 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: John Weber Construction Landscape, Inc. 334 Mulberry Drive San Marcos, CA 92069 (760)744-2001 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 small have in full force and effect, all licenses required of it by law for the performance of the serviims 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 Temecula Community Services District. 27. PROHIBITED INTEREST. No officer, or employee of the Temecula Community Services District 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 warrants and represents to the City that no officer or employee of the Temecula Community Services District 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 WEBER CONSTRUCTION LANDSCAPE CON'RACT 2004.130C interest is prohibited by law or this Agreement. 28. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. 29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R:\HARRINGK\FORMSUGHN WEBER CONSTRUCTION LANDSCAPE CONTRACT 2004.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: Chuck Washington President Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney CONTRACTOR John Weber Construction Landscape, Inc. By: Name: Title: By: _ Name: Title: (Two signatures of corporate officers required) CONSTRUCTION LANDSCAPE CONS RACT 2004.DOC EXHIBIT A SCOPE OF WORK Complete construction pursuant to the Construction Plans and Specifications. Project shall be completed by November 15, 2004. R:\HARRINGK\FORMSUGHN WEBER CONSTRUCTION LANDSCAPE COMRACT 2004.DOC EXHIBIT B. SCHEDULE OF PAYMENT Pursuant to the attached schedule of prices. R:\HARRINGK\FORMSVOHN WEBER CONSTRUCTION LANDSCAPE CONMACT 2004.DOC Fax:760-744-4182 Sep_ 20 '04 12:22 P.02 NAKAYAMA GARDEN AT TEMBCl/6A G UCK POND PROJECT NO. TCSD 0/-0001 "Ote 1 Each 3,p00 NE 3,000 Japanese Gordon Plaque Pedestal 1 Each 31000 31000 3 Site Preparation l.o,o0o S.F. ,65 6,500. 4 ConGreto (cobblestone, boulders, slab S.F. 50,000 501000 _ 6 Planting and Mulch S.F. Z9,l 00 29,500 8 HydroseededTurf 2,850 S.F. 1 ,45 1,140. 7 Irrigation System S.F. 18,000 8 Concrete Benches 3 Each 1.,c 00 3,600 9 Concrete Mow Strip 1.35 L.F. 12 1,620 10 Water Feature System 1 Each 1 500 1,500 11 Performance and Labor and Materials Bonds 2 Each 5 893 11,786 12 Alternate Bid Item: Sodded turf in lace of H droseeded turf 2,850 S.F. 1. 20 (3, 420) Add TOTAL AMOUNT OF PROPOSAL:. One hundred twenty-ni: ie thousand six hundred forty-six DOLLARS AND 00/1 0o CENTS ($129,646 00 ) The undersigned hereby certifies that he/she has an appropriate Ilea rise, issued by the State of California to provide this work; that such license will be In full force and effect throu( hout the duration of construction; and that any and all subcontractors to be employed on this project will be slmllarl f licensed. Dated: 9/2 0/ 0 4 §96749 California Contractor's License No. CON TR DR John Weber Construction Lan c pe� Sig slur � • - aa;ripnt Pr t or Typs Name ant Title AMARRINGMISTSWAKAYAMA GARDEN Bid List.doc ITEM 3 FAPPROVAL DITRYECTOROFFINANC ATTORNEY MANAGER Lr,6L TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services William G. Hughes, Director of Public Works/City Engineer DATE: September 28, 2004 SUBJECT: Award the Construction Contract for the Sports Complex Project No. PW01-17CSD PREPARED BY: mer Attar, Principal Engineer /,IJAA#ard Maxwell, Associate Engineer RECOMMENDATION: That the Board of Directors: Award a construction contract for the Sports Complex, Project No. PW01-17CSD, to Douglas E. Barnhart, Inc. in the amount of $12,150,050.49, which includes the five Additive Bid Items, and authorize the President of the Board of Directors to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,215,005.05, which is equal to10% of the contract amount. 3. Accelerate the appropriation of budgeted funds in FY2005-2006 to FY2004-2005 in the: amount of $3,000,000.00 for the future procurement of synthetic turf soccer fields. BACKGROUND: The Sports Complex project will develop an approximately 43 acre park site at the southwest corner of Pechanga Parkway and Deer Hollow Road. The project will construct four lighted baseball fields, four lighted soccer fields, a concession stand, two restroom structures, a maintenance building, tot lot/playground, picnic areas, barbecues, benches, drinking fountains, lighted walkways and approximately 460 parking spaces. The project Additive Bid items will construct four lighted basketball courts, shade structures at the picnic area adjacent to playground, soccer fields, ball fields, and concession/restrooms, including the installation of perennial ryegrass over -seed in hybrid Bermuda turf -grass at the baseball fields. The awarded contract amount does not include the cost for the purchase and installation of the synthetic turf soccer fields. This contract will be presented to council at a later date. On May 11, 2004, City Council approved the plans and specifications for the project and authorized the Public Works Department to solicit construction bids. The Engineers cost estimate for the project was $ 12,056,410 for the base bid items and $ 592,335 for the additive bid items for a total project cost estimate of $ 12,648,745.00. R \AGENDA REPORTS@004\092804\PW01-17CSD AW D new DOC Three (3) bids for the project were publicly opened on September 16, 2004. The results, including all additive bids are as follows: 1. Douglas E. Barnhart, Inc. $12,150,050.49 2. Tovey/Shultz Construction $12,336,897.00 3. Valley Crest Landscape Development $12,978,968.92 A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found Douglas E. Barnhart, Inc. of San Diego, California to be the lowest responsible bidder for this project. Staff has contacted references and determined that Douglas E. Barnhart, Inc. has satisfactorily performed similar type of work for other agencies. The specifications allow Two Hundred and Eighty (280) working days for completion of the project. Work is expected to begin at the end of October of 2004 and be completed by the middle of December 2005. FISCAL IMPACT: The Sports Complex is a Capital Improvement Project and is funded through Development Impact Fee — Parks & Recreation and Quimby, Certificates of Participation Bond Proceeds, Capital Project Reserves, Proposition 40, and the Wolf Creek Community Facilities District. With the acceleration of the FY2005-2006 programmed funds, sufficient funds are available to cover the construction costs. The total project cost is $13,365,055.54, which includes the contract amount of $12,150,050.49 plus 10% contingency amount of $1,215,005.05. ATTACHMENTS: 1. Project Locations 2. Project Descriptions 3. Contract R?AGENDA REP RTS\2004\092804\PW01-17CSD AWD n".(= s it M m tn O O ClO M ° O O 1, O, — F o o� c a o0 00 . O M M V M U U 69 69 69 69 69 69 I II gz �I Q 00 0 N o 0 o M O N n O a ' a o o ° � zC° 0 N Q b tn O N cOi..iy 'd N ME IN [?' O O Cl 0 M M h O 0 0 00 '+ G O N 7 O\ '. 00 r+ 00 r. 69 69 69 69 69 169 �00 C MINI fA 69 69I69 uqq . E0 o W n V) 0 0 00 \D N N .-y 69 69 6n Go3 69 69 6VA y Q q 0 N N Y p U G $ Al O O'w O O A U U Y YGG aFa YGG a' O P N V F'T'^ eo z � .!� Op uUi�U Cd CIA6�sgA F. 7h N N CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT FOR PROJECT NO. PW01-17CSD WOLF CREEK SPORTS COMPLEX THIS CONTRACT, made and entered into the 281h day of September, 2004, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT', and Douglas E. Barnhart, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PV101- 17CSD, WOLF CREEK SPORTS COMPLEX, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation 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 Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW01-17CSD, WOLF CREEK SPORTS COMPLEX. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim. California 92802 (714)517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PV101- 17CSD, WOLF CREEK SPORTS COMPLEX. 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 complated and in place and that only the best general practice is to be used. U nless otherivise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 r.IciplprojectsIPW01-1rAgreements\Conshvction Contract The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW01-17CSD, WOLF CREEK SPORTS COMPLEX 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. 3. 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. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWELVE MILLION ONE HUNDRED FIFTY THOUSAND FIFTY DOLLARS and FOURTY NINE CENTS ($12,150,050.49), the total amount of the base bid plus additives. CONTRACTOR a grees to complete the work i n a p eriod n of t o e xceed Two Hundred Eighty 280 working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shal the City Manager is hereby authorized by changes or additions to the work in an established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: I be approved by the City Council, except that the City Council to make, by written order, amount not to exceed the contingency as A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate! its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) clays 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 CONTRACT C-2 cleiplprojects1PW01-17%greementslConstrudon Contract 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. C. 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. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The 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. 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. 8. 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 compenseition 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. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.igov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code:. CONTRACT C-3 r:IciplprojectslPWOi-17%greementslConstrucbon Contract Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend 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. 12. 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. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any 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. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating theit all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. CONTRACT C-4 rlciplprojects\PW01-17WgreementslConstrudon Contract 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the 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. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, 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 Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: William G. Hughes William G. Hughes Director of Public Works/City Engineer Director of Public Works/City Engineer City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590 CONTRACT C-5 ciciplprojectslPW07-171Agreements\Construction Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: CONTRACTOR Douglas E. Barnhart, Inc. 10760 Thornmint Rd. San Diego, CA 92127 (858) 385-8200 William R. Sharp, President Print or type NAME Print or type Title (Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President CONTRACT C-6 rlciplpmjects1PW01-171Agreements\Conetmction Contract ITEM 4 CITY ATTORNEY FINANCE DIREC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Servic4ig:;, DATE: September 28, 2004 SUBJECT: Renaming Rancho California Sports Park PREPARED BY: �Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors consider changing the name of the Rancho California Sports Park to Ronald Reagan Sports Park to honor President Ronald Reagan. BACKGROUND: With the passing of President Ronald Reagan on June 5, 2004 some people within the City have expressed a desire to honor our past president. An article appeared in a local newspaper relating that President Reagan purchased 771 acres west of Temecula near the Santa Rosa Plateau in the 1960s with the intention of building a retirement ranch. That plan did not come to fruition and the property was sold some time later. The article goes on to relate that the president never forget Temecula and the American spirit that lives here. In a speech given to the United States Olympic Committee in 1983, President Reagan made the following comments: One of the top priorities of our administration has been to encourage the American people as individuals, as organizations in private and in business life to get more directly involved in getting things done, solving problems and helping each other. Private initiative is our most precious American resource, and it's as alive today as it was when our ancestors used to join in bam-raising parties when it was needed for a neighbor... There are similar stories right here in California; the folks in a rather small town, Temecula. They got together and built themselves a sports park, held fund- raising barbecues and dinners. And those who didn't have money volunteered time and energy. And now the young people of that community have baseball diamonds for Little League and other sports events, just due to what's traditional Americanism... The park the president was speaking of is the Rancho California Sports Park. At the City Council meeting of June 22, 2004, Mayor Mike Naggar asked the Community Services Commission to consider renaming the Rancho California Sports Park as a tribute to RARUSEPWGENDAS\naming RCSP-rename Ronald Reagan SP 9-28-04.doc President Reagan. Pursuant to City policy, the Community Services Commission is responsible for selecting names for City parks and facilities. The Commission considered the renaming of the Rancho California Sports Park at their September 13, 2004. The Commission unanimously approved renaming the park the Ronald Reagan Sports Park in honor of the 40th President of the United States of America. The Community Services Board of Directors has the final responsibility of selecting names for City parks and recreational facilities. The Board may approve the name "Ronald Reagan Sports Park" or may consider and select another name for the facility. Attached is the Resolution establishing the park naming policy and list of proposed park names for the Board's consideration. The Board may consider any of the names on the list or any other name it deems appropriate or may determine to leave the park named as it is currently. Once a name has been chosen, the name will be forwarded to the Board of Directors for final approval. The Board may approve the name selected by the Commission or recommend another name of their choice. FISCAL IMPACT: Renaming the Rancho California Sports Park would require replacement of monumentation at the Rancho Vista Road and Margarita Road, as well as modification of an internal field location sign. These changes will cost approximately $12,000. Funds for new signage are available in the TCSD operating budget. Printed materials, including the Leisure Activities Recreation Brochure, will be changed overtime to reflect the new park name as those items are due to be produced. ATTACHMENTS: Resolution No. CSD 92-08: Naming Parks and Recreation Facilities Park Names List June 6, 2004 Californian Article June 10, 2004 Californian Article July 7, 2004 Californian Article RARUSEPWGENDAS\naming RCSP-rename Ronald Reagan SP 9-28-04.doc CITY OF TEMECULA AGENDA REPORT TO: Community Services Commission �j FROM: Herman Parker, Director of Community Services'U/ DATE: September 13, 2004 SUBJECT: Renaming Rancho California Sports Park PREPARED BY: �Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission consider changing the name of the Rancho California Sports Park to Ronald Reagan Sports Park to honor President Ronald Reagan. BACKGROUND: With the passing of President Ronald Reagan on June 5, 2004 some people within the City have expressed a desire to honor our past president. An article appeared in a local newspaper relating that President Reagan purchased 771 acres west of Temecula near the Santa Rosa Plateau in the 1960s with the intention of building a retirement ranch. That plan did not come to fruition and the property was sold some time later. The article goes on to relate that the president never forget Temecula and the American spirit that lives here. In a speech given to the United States Olympic Committee in 1983, President Reagan made the following comments: One of the top priorities of our administration has been to encourage the American people as individuals, as organizations in private and in business life to get more directly involved in getting things done, solving problems and helping each other. Private initiative is our most precious American resource, and it's as alive today as it was when our ancestors used to join in bam-raising parties when it was needed for a neighbor... There are similar stories right here in California; the folks in a rather small town, Temecula. They got together and built themselves a sports park, held fund- raising barbecues and dinners. And those who didn't have money volunteered time and energy. And now the young people of that community have baseball diamonds for Little League and other sports events, just due to what's traditional Americanism... The park the president was speaking of is the Rancho California Sports Park. At the City Council meeting of June 22, 2004, Mayor Mike Naggar asked the Community Services Commission to consider renaming the Rancho California Sports Park as a tribute to President Reagan. In reviewing the steps necessary to complete this name change, staff discovered that two defied conditions were on the property when Riverside County transferred it to the City. The first condition is that the property be used as a public park for 40 years. The second condition is that the park be RARUSEP\AGENDAS\naming RCSP-rename Ronald Reagan SP 9-13-04.doc named the Rancho California Sports Park for the same 40 year period. The conditions were originally place on the propertywhen its ownership changed from Kaiser Development to Riverside County. While the County is unable to remove the condition from the property since it was placed there prior to their ownership, the Board of Supervisors and County staff support the Citys efforts and will provide appropriate assistance in order to honor our past president by naming the park for him. The City Attorney is working to resolve this issue. Pursuant to City policy, the Community Services Commission is responsible for selecting names for City parks and facilities. Attached is the Resolution establishing the park naming policy and list of proposed park names for the Commission's consideration. The Commission may consider any of the names on the list or any other name it deems appropriate or may determine to leave the park named as it is currently. Once a name has been chosen, the name will be forwarded to the Board of Directors for final approval. The Board may approve the name selected by the Commission or recommend another name of their choice. ATTACHMENTS: Resolution No. CSD 92-08: Naming Parks and Recreation Facilities Park Names List June 6, 2004 Californian Article June 10, 2004 Californian Article July 7, 2004 Californian Article RARUSEPWGENDAS\naming RCSP-rename Ronald Reagan SP 9-13-04.doc RESOLUTION NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WHEREAS, on April 23, 1991, the Board of Directors (the 'Board") adopted a policy for naming parks and recreation facilities; and WHEREAS,the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE. AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald J. Parks, President ATTEST: Ju reek, City Clerk [SEAL] CSD RFSOS 92-08 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted by the Board of Directors of the Temecula Community District at a regular meeting thereof, held on the 8th day of September 1992, by the following vote of the Board of Directors: AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: CSD RHSOS 92-08 Birdsall, Moore, Lindemans, Munoz Parks, None None June S. Greek, City Clerk, Board Secretary Exhibit "A" TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY ACTION Department 1. Acquires a new park or recreation facility. 2. Solicits possible names from community. 3. Forwards suggested names to the Parks and Recreation Commission for consideration. Parks and 4. Receives any additional community input. Recreation Commission 5. Selects a name for the new park or recreation facility. 6. Forwards name to City Council for ratification. Department 7. Installs the appropriate naming sign or plaque. CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT PROPOSED PARK NAMES November 2003 The following is a list of names for various park sites within the City of Temecula. These names were compiled through a community wide park naming campaign, which requested residents of the City of Temecula to submit names for their local park sites to be constructed in the future. The Community Services Commission may select one of these names or another name of their choice, based on the geographical location of the park, a geological feature of the site, or they may name the facility after an individual that has made a significant contribution towards parks, recreation or community services in Temecula, or has played a vital role in the development of this community. Walter Vail Park Palomar Mountain Park Kit Carson Park Immigrant Trail Park Ramona Wolf Park Roripaugh Park Vineyard Park Palomino Park Santa Rosa Park Patricia H. Birdsall Park Ron Parks Park Toddler Park Tony Tobin Park Columbia Memorial Park Tuscany Hills Park Verde Valle Park Kingston Park Wine Country Park Jewel of Crowne Hill Park Kaiser Park Palomar Park Sunset Park Luiseno Park Cattleman Park Erle Stanley Gardner Park Wolf Valley Park Vaqueros Park Eve Craig Park Temecula Creek Park Mountain View Park Ronald Reagan Park City View Park Columbia Park President's Park Good Neighbor Park Fun City Park Pauba Meadows Park Pauba Park Grace Mellman Park RAZIGLERGU.ISTSTark Names.doc Reagan{s once owned land in Temecula TEMECULA —,Former would laterbecome his President Reagan and his ambassador to tie Vati- wife Nancy once considered can. making the hills west of Reagan only, came Temecula and back to visit toe area a . .Murrieta. theirrearemeitthome few times, acc Yding to In,the 1960s, while he residents, and lhfer sold was governor of Califor• *0land choo instead nia, the Reagans bought to build his cement 771 acres near what is ranch l Santa�bara. . now the , Santa Rosa "He was really a city Plateau, according to. Ben• guy, and this place. was a nie Hudsowin the winter.. little too out in the I coim- 1969Issue of "High Corn►- 'try for iiim,' Jack l5msey> . try" .magazine. He had . who worked.for:the area's Wilson, who ilea on a tormannimu1. ranch in the area and=TheCaUbmian r THE CALIFORNIAN 6/6/04 0, ;, 0, al* . e KNEEDEEP beeno61etheAm,e-zri - IN HOOPLA' .. v4iva aid: S orgE .....prvat—e life t more in b�isih,tps, to ge directly i4volve in getting a. b- L vingpro tin jemg�atij t ping each other. INfir ­Wtigive is our most to�,P #6 todt preq�i q ,!pcan resource, 'j, anxjif?j'� - ay, 4s.i 0 " was, �kiMPM.'jAcegt6rs used • t6tom afih- sing Parties te pq � ee r 046 d for a E- -Thero"Ae suid stories right 11&6 jA;California,the i proclamation folks iiiirp',Aer small town. by the Temecula City Coun Teinegai.%lipy got together cil de ay a "Mu- and',Wfthp, j I nselves a sports 1, 11 nicipal parkhel , held-d 9 b A -raism ar- Day of becaes`,'aqidlhmers. And Mourp_,, those writ fin't have money ing d v6hlnteeri� time an energy. fitting54 And now,. the young people of PrOPUA ty that.commuraty have base- way'ball diarriondS for Little honor, Ldaguesandl`&her sports Ronald 3 events, Wtie to what's tia- Reagtm y xrdi ional'A ericardsm the former ' ,64166 �-..has been president bies delitafised,"'.I)Ypebple who un- , , , of the V it.whether or not ,� a, United thti± 1 to.111m "-f-t'ywillbethe States and de6jif plat, ##6y want it 0 g9ov, -oft gif be'de'pen'"' rorma. &on em. Stills­fK.,Temecula's ties The Pa president:re- ' lv� ; ,to ' fAp" ent, maybe fe6d'jSlsdie.Aanchq Call- e b a I more that can be forma Sports Park, which done here too -preserve Rea- wasBW- t-on donated land by dozens of l6ed'volunteers. 6 Later this year, the Lake In 4960s, dim -Gov., M` "JI Unified School DJ.+s- T P Mop Rej"4 Wdiase&771:acres tact will enRonald Rea- -,wett, ecu]awldga qtlaentaxy School. In An ent,ranc.'Way. Tein cd?Or�.ROLMI ­ athereisno ur ,eral 4116 ]an dIJ6 �t the� pip si"I", i ., o8jil'tion of our ,ertymn b40dipb d _ 'WoW, me try Western,, ....... TW Ifly on record as White' s J661d. have A park name a kbfiald Rea9r Mike a' L, $t rave M_ T i M em r.fqr __ I "TAX "Mries ay. e ag M n gant6i d 3 times we've gd 1, last Gorr :-, 9,,Yv, park, rve A& tree 96sted",, ,v"e it aftekTres- cifed nPP_W..k1:AS id dirt ple 6f:a,1Wft'T_6mltY WO e 'onto die toget PorC 660mrno w notre- late pi",. good.` o'd." name .ffi N 0, Park _The'0 are&excerpts Ronald&atf SpoCtS Park, from. ep tes temarks I aske a4 etrtayor at (909) of)�iip6i THE CALIFORNIAN 6/10 04 thrr 40th presi likely objectAlkexmxidler to' fl+FG�itb 310greenback. dm. - gan was a humble man was guided by the princip of our founding fathers. Name Although Hamilton never elected president, he one for considered a key at+Chitect our Constitution and anchored 52 of the Federalist Papers: Hamilton served as the first the Treasury secretary and hfj;, ,, role in our republic and suft Port for capitah'sm is too im. Upper portarito ignore. While many ideas will be bandied about to recognize;,, Ronald Reagan, there is on Recently, our na idea here in Temecula that mourned the passing of " VeTy Promising. Recently t}rt" 40th President, Ronald W " Temecula City Council prroof�" Reagan. posed renaming the RanchdA fectiona California Sports Park aftWI known our40thpresident.ThisideaW the G P. the brainchild of Mayor MW CommiinI„ Nagger Nagger too has creditPI cator, Ptem ed the Great CommunicatoffJ dent R as a source of inspiration £ gams le In 1983, President R {P, is of ush mentioned the people o in Temecula and their newly* d m se built sports park in a speer:94 REISS the Soviet. before the U.S. Olympic Com+ih ICK R ICK Union mittee• The can -do attitude of rescuing - Temecula Valley residents the Amer] ' some 21 * ' ago°f,exe �merica ied� as'" can economy from the ecd" Is `mOn nomic malaise of the 1970s. `m' that shining city upon a hill ' t Reagan's optimism and Temecula still exemplifies;' love of America has been not, Reagan's vision of America.' ed by both ardent supporterjf,� Temecula stands out as a bright and by detractors. Ron example to the nation with its Reagan has been the ' +newly formed Temecula Citizen, lion for many to enter intd' Corps. The Citizen Corps is ill public service. Co trained to respond to wide• ngressmatj , scale emergencies, natural disil Randy "Duke" a asters and terrorist attacks. �. R-San Diego, has cite Re gan as the motivating facto ,I Upon leaving office Presi: for the former Navy ace Pilo dent Reagan spoke the foIlow' to run for his San Diego corff ing words to the nation S gressional seat. "Whatever else history Ronald Reagan melded may say about me when Pm; conservative philosophy wi gone I hope it will record that' a sprinkling of humor an I appealed to your best hopes,' showmanship. Reagan one „ not your worst fears; to your remarked, "Republicans beconfidence rather than your' lieve every day is the Fourth Of doubts. My dream is that you July, but the Democrats bed will travel the mad aheadmith j lieve every day is April IS.",liberty's lamp guiding your'. Such..remarks drove his &e 'I' steps and opportunity's arm tractors crazy, but won thefil steadying your way." hearts of the American public Reagan's hopes" align per Since President R'eagan,0 fectly with Temecula's charac. Passing there have been a vad. `'m ter. Let's name this one for the r et yof proposals to honor his`q Gipper. mereooryry One of the more far=' 4 fetthed ideas is toP]aceRonald � Rick Rely is a ieguler oolu nnistfor I' Reagan on Aft. Rushmore. Yet' F1 the Californian; emall: another pro mo- i2 ddieiss6@netscape net• r menttun ffi ��d der, gan on the $10 bill. TCSD DEPARTMENTAL REPORT REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER 14, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:37 P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS Naggar, Roberts, Stone, Washington, and Comerchero ABSENT: 0 AGENCY MEMBERS: None Also present were Assistant Executive Director O'Grady, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of August 24, 2004. Financial Statements for the Fiscal Year ended June 30, 2004 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the Fiscal Year June 30, 2004; 2.2 Approve an increase of $622,000 for Property Tax increment in the Debt Service Fund; 2.3 Approve an appropriation of $325,550 for Pass -through agreements in the Debt Service Fund; 2.4 Approve an appropriation of $55,200 for Debt Service Interest in the Debt Service Fund. First Amendment to the Disposition and Development Agreement for the Temecula Education Center RECOMMENDATION: 3.1 Adopt a resolution entitled: R: M1nutes.rda\091404 RESOLUTION NO. RDA 04-09 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AMENDING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC., EXTENDING THE INSPECTION DEADLINE FOR THE TEMECULA EDUCATIONAL COMPLEX MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Agency Member Naggar and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 7:38 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 28, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman /1111117:1019 Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:Winutes.rda\091404 2 ITEM 2 APPROVA CITY ATTORNEY _ DIRECTOR OF FINAN E _ CITY MANAGER_ CITY OF TEMECULA AGENDA REPORT TO: Executive Director/Agency Board FROM: John Meyer, Redevelopment Director DATE: September 28, 2004 SUBJECT: Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic and Affordable Housing Consulting Services RECOMMENDATION: That the Agency Board: 1. Approve an agreement with Keyser Marston Associates, Inc. in the amount of $125,900.00 to provide as -needed Real Estate Economic and Affordable Housing Consulting Services. 2. Authorize the Redevelopment Chairperson to execute the agreement. BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment projects, including commercial, institutional, affordable housing and other revitalization initiatives. Keyser Marston Associates, Inc. (KMA) has provided economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects for nearly ten years. The attached one-year agreement is to provide as -needed services for projects through Fiscal Year 2004-05. In order to assist the Agency with these activities, KMA will provide the following menu of consulting services on an as -needed basis: 1. Market Support and Valuation 2. Fiscal and Economic Impact 3. Financial Analysis 4. Identification of Financing Sources 5. Transaction Structuring/Negotiations 6. Preparation of Reuse Analyses and Summary Reports 7. Public Hearings and Presentations KMA will provide all services, as requested, on a time -and materials basis subject to the attached standard hourly billing rate schedule. FISCAL IMPACT: The $100,000 will be funded through 165-199-999-5250 and $25,900 through 280-199-999-5250. Attachment: Annual KMA Agreement KMA Proposal RAKeyserMarston2004Wnnua1 AgreementKMA.doc AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AND KEYSER MARSTON ASSOCITES, INC. ANNUAL AGREEMENT FOR 2004105 THIS AGREEMENT is made and effective as of September 28, 2004, between the City of Temecula Redevelopment Agency Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston Associates, Inc. ("Consultant")). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 28, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by perscns engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The Agency 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 Thousand Dollars and 00/100 ($100,000.00 ) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Direcor. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. The Executive Director may approve additional work up to ten percent (10%) of the amount of dhe Agreement but in no event shall the total sum of the agreement (basic agreement amount and contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the Agency Board. R:UCeyserMarston2004\Consultant.Prof Sms.2004kma.dotUpdaled 8/2003 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the Agency 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. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency 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 Agency 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 Agericy 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 Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith 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, Agency 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 Executive Director 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 Agency 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. B. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this R\KeyserMmton2004\Consultant.Prof Sms.20041ona.dotUpdated 8/2003 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 Agency and may be used, reused or otherwise disposed of by the Agency 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. 9. 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 expart 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 Consultants negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 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 Consultants profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injLry, 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 R:UCeyserMarston2004\Consultant.Prof Srvcs.2004kma.dotUpdaled 8/2003 project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Agency Manager. At the option of the Agency Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. R:\KeyserMarston2004\Consultant.Pmf Sms.2004kma.dotUpdated 82003 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the Agency 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. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency 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 Agency 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 Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of 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 byfailure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the Agency Counsel, 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 Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency 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 R:UKeyserMarston2004\ConsultantProf Srvcs.2004kma.do[Updated 8/2003 there under or with respect to any project or property located within the City. Agency 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 Agency and to provide Agency 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 Agency to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: The City of Temecula Redevelopment Agency Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director To Consultant: Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (619) 718-9508 16. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant'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 Agency Board and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The Agency 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 courtwith geographic jurisdiction over the Agency of Temecula. In the event such litigation is filed by cne party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court'sjudgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula Redevelopment Agency shall have any financial interest, direct or indirect, in this Agreement, Ithe proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her R:\KeyserMarston2004\Consultant.Prof Srvm2004Iana.dotUpdated 8/2003 tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that no officer or employee of the City of Temecula Redevelopment Agency 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 Agency in the event any such interest is discovered whether or not such interest is prohibited by Law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA REDEVELOPME14T AGENCY Jeff Comerchero, RDA Chairperson Attest: Susan W. Jones, CIVIC, Agency Secretary/ - City Clerk Approved As to Form: Peter M. Thorson, Agency Counsel R:\KeyserMamton2004\Consultant.Pmf Srvcs.2004kma.dotUpdated 8/2003 CONSULTANT Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (619) 718-9508) By: _ Name: _ By: _ Name: _ (Two Signatures of Corporate Officers Required For Corporations) R:UCeyserMarston2004\Consultant.Prof Sms.2004kma.dotUpdaled 8/2003 EXHIBIT A PAYMENT RATES AND SCHEDULE TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: R:\KeyserMarston2004\Consultant.Prof Sms.2004kma.dotUpdaled 8/2003 KEYSER MARSTON ASSOCIATES I N C. AD PrSORS 1 N: 1660 HOTEL CIRCLE NORTH, SUITE 716 SAN DIEGO, CALIFORNIA 92108 REAL ESTATE PHONE: 619/718-9500 REDEVELOPMENT FAX: 619/718-9509 AFFORDABLE HOUSING W W W.KEYSERMARSTON.COM ECONOMIC DEVELOPMENT SAN DIEGC' Gerald M. Trimble Paul C. Msrn Los ANGEI ES Calvin E. Hollis, 11 Kathleen IJ. Head James A. Rabe MEMORANDUM Paul C. Anderson Gregory D. Soo-Hoo To: John Meyer, AICP SANFRAN<YsGo A. Jerry Keyser Director of Housing and Redevelopment Timothy c. Kelly Temecula Redevelopment Agency Kate Earle Funk Debbie M. Kern Robert J. 'Wetmore From: KEYSER MARSTON ASSOCIATES, INC. Date: August 30, 2004 Subject: Proposal for Real Estate Economic and Affordable Housing Consulting Services Per your request, Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing objectives. The Agency is currently pursuing a comprehensive range of redevelopment projects, including commercial, institutional, and other revitalization endeavors; and affordable housing initiatives, including rental and for -sale housing. In order to assist the Agency with these activities, KMA will provide the following menu of consulting services on an as -needed basis: Market Support and Valuation - KMA assists our clients with market demand analyses; identification of appropriate development programs; and projection of absorption potential and achievable rents and prices. KMA also works with community stakeholders and planning and design professionals to evaluate the development potential — both commercial and residential — for specific districts or neighborhoods. 2. Fiscal and Economic Impact - KMA prepares assessments of fiscal and economic benefits for proposed developments, including in -fill residential and commercial uses. These assessments consider the potential impacts of a development proposal on the surrounding community; the level of property tax and sales tax generation; and potential benefits in terms of jobs/housing balance. CELEBRATJNG 30 YEARSOFSERPJCE TO OUR CLJEA7S Oa1larWh 999D0.0o0.00 To: John Meyer, AICP August 30, 2004 Subject: Proposal for Real Estate Economic and Affordable Page 2 Housing Consulting Services 3. Financial Analysis - KMA assists our clients in reviewing the financial feasibility of proposed developments. This task serves our clients in several ways: comparison of competing proposals; identification of supportable land value, or, alternatively, need for "gap" financing; and assessment of the overall feasibility of alternative development concepts. Typically, the KMA pro forma analyses are used extensively in the context of negotiations with developers and/or property owners. 4. Identification of Financing Sources - The development process, in particular the development of affordable housing, typically relies on the "layering" of various public and private financing sources — including competitively allocated federal, state, and local funding. KMA has worked extensively with redevelopment and housing agencies to successfully implement affordable and mixed -income housing developments. 5. Transaction Structuring/Negotiations - One of KMA's key roles is to assist public agencies in soliciting and evaluating development proposals from qualified developers and property owners. We assist our public clients in negotiating the terms of land sales and public financial assistance. 6. Preparation of Reuse Analyses and Summary Reports - Section 33433 of the Health and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for purposes of private development. This process requires that an agency prepare a Summary Report comparing the fair market value of the property at highest and best use, the re -use value of the property subject to the covenants and conditions imposed by the agency, and the agency's costs under the proposed development agreement. Public Hearings and Presentations — KMA will participate as needed in public meetings when redevelopment transactions are considered. In order to assist the Agency with these services, KMA recommends that the Agency establish a budget of $125,900. We will provide all services, as requested, on a time -and -materials basis subject to the attached standard hourly billing rate schedule. attachment CELEBRATING 30 YEARSOFSERV/CE m OUR CuEry D4114 h 99900.000.003 SUPPLEMENTAL MATERIAL FOR RDA CONSENT CALENDAR ITEM NO. 2 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AND KEYSER MARSTON ASSOCITES, INC. ANNUAL AGREEMENT FOR 2004/06 THIS AGREEMENT is made and effective as of September 28, 2004 , between the City of Temecula Redevelopment Agency Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston Associates, Inc. ("Consultant")). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 28, 2004 , and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The Agency 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 Twenty Five Thousand Nine Hundred Dollars and 00/100 ( $25,900.00 ) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services. The Executive Director may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement (basic agreement amount and contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional woric in excess of this amount shall be approved by the Agency Board. R:%KeyserMarston2004%Consuftant.Prof Srvcs.2004kma280.d0t C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the Agency 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. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency may at anytime, 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 Agency 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 Agency 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 Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency 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 Executive Director 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 Agency 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this R-.XKoyserMarston2004\Consufant.Prof Sms.2004kma280.dot 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, computerfiles 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 Agency and may be used, reused or otherwise disposed of by the Agency 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. 9. 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 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 R:%KeyserMarston2004tCOnsultant.Prof Srvcs.2004kma280.dot project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Agency Manager. At the option of the Agency Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) _ For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. R:NCeyserMarston20041Consuhant.Prof Snres.2004 =280.dot e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed bit 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 Agency before work commences. As an alternative to the City's forms, the Consultants insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency 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 Agency 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 Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of 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. T he 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. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Citys prior writ:en authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the Agency Counsel, 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 Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency 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 R:%KeyserMarston2004NConsukant.Prof Srvcs.2004kma280.dot there under or with respect to any project or property located within the City. Agency retains tite 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 Agency and to provide Agency 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 Agency to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: The City of Temecula Redevelopment Agency Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director To Consultant: Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (619) 718-9508 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Agency Board and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The Agency and Consultant understand and agree that the laws of the State of California shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Agency 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 Courtsjudgment, shall be entitled to reasonable attorney fees and litigation expenses forlhe relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula Redevelopment Agency 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 hisAher R:ACeyserMarston2004%Consubnt.Prof Srvc5.200Um928040t tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that no officer or employee of the City of Temecula Redevelopment Agency 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 Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has tine authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REDEVELOPME14T AGENCY Jeff Comerchero, RDA Chairperson Attest: Susan W. Jones, CIVIC, Agency Secretary! City Clerk Approved As to Form: Peter M. Thorson, Agency Counsel R:WeyserMarston2004%Consufant.Pmf Srvcs.2004kma280.dot CONSULTANT Attn: Paul Marra Keyser Marston Associates, Inc. 1660 Hotel Circle North, Suite 716 San Diego, CA 92108 (619) 718-9508) By: _ Name: _ By: _ Name: _ (Two Signatures of Corporate Officers Required For Corporations) R:UCeyserMarston2004Consuftant.Prof Srvcs.2004kma280.dot EXHIBIT A PAYMENT RATES AND SCHEDULE TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: R:WeyserMarston2004kConsultant.Prof Srvcs.20041ona280.dot EXHIBIT B PAYMENT RATES AND SCHEDULE R:%KeyserMarston2004�Consultant.Prof Srvcs.20D4kma280.dot KEYSER MARSTON ASSOCIATES INC. 1660 HOTEL CIRCLE NORTH, SUITE 716 SAN DIEOO, CALIFORNIA 9210E PHONE: 619/718.9500 FAX :619/719-9508 W W W.KEYSERMARSTON.COM Aovisoas IN: REAL ESTATE REDEVELOPMENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT SAN D/E0o Gerald M. Trimble Paul C. MITTS LOs ANOS(ss Calvin E. Hollis, 11 Kathleen It. Head James A. Itsbe MEMORANDUM Paul C. Anderson - Gregory D. Soo-Hoo To: John Meyer, AICP y cisco SANerry Keyser A. Jerry Keyser Director of Housing and Redevelopment Timothy C. Kelly ment Agency Temecula Redevelopment 9 � Kate Berle: Fang Debbie M, Kero Robert 1. 'Wetmore From: KEYSER MARSTON ASSOCIATES, INC. Date: August 30, 2004 Subject: Proposal for Real Estate Economic and Affordable Housing Consulting Services Per your request, Keyser Marston Associates, Inc. (KMA) Is pleased to submit this proposal for economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing objectives. The Agency is currently pursuing a comprehensive range of redevelopment projects, including commercial, institutional, and other revitalization endeavors; and affordable housing initiatives, including rental and for -sale housing. In order to assist the Agency with these activities, KMA will provide the following menu of consulting services on an as -needed basis: Market Support and Valuation - KMA assists our clients with market demand analyses; Identification of appropriate development programs; and projection of absorption potential and achievable rents and prices. KMA also works with community stakeholders and planning and design professionals to evaluate the development potential — both commercial and residential — for specific districts or neighborhoods. 2. Fiscal and Economic Impact - KMA prepares assessments of fiscal and economic benefits for proposed developments, including In -fill residential and commercial uses. These assessments consider the potential Impacts of a development proposal on the surrounding community; the level of property tax and sales tax generation; and potential benefits in terms of jobsthousing balance. CJiJ"JUI7N030 WASOFSRRPJCE 70 OUR C11"M Oa11AAM 9W0 am.on To: John Meyer, AICP August 30, 2004 Subject: Proposal for Real Estate Economic and Affordable Page 2 Housing Consulting Services 3. Financial Analysis - KMA assists our clients in reviewing the financial feasibility of proposed developments. This task serves our clients in several ways: comparison of competing proposals; identification of supportable land value, or, alternatively, need for "gap' financing; and assessment of the overall feasibility of alternative development concepts. Typically, the KMA pro forma analyses are used extensively in the context of negotiations with developers and/or property owners. 4. Identification of Financing Sources - The development process, In particular the development of affordable housing, typically relies on the 'layering` of various public and private financing sources — including competitively allocated federal, state, and local funding. KMA has worked extensively with redevelopment and housing agencies to successfully implement affordable and mixed -income housing developments. 5. Transaction Structuring/Negotiations - One of KMXs key roles is to assist public agencies in soliciting and evaluating development proposals from qualified developer and property owners. We assist our public clients in negotiating the terns of land sallas and public financial assistance. 6. Preparation of Reuse Analyses and Summary Reports - Section 33433 of the Health and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for purposes of private development. This process requires that an agency prepare a Summary Report comparing the fair market value of the property at highest and best use, the re -use value of the property subject to the covenants and conditions imposed by the agency, and the agency's costs under the proposed development agreement. 7. Public Hearings and Presentations — KMA will participate as needed In public meetings when redevelopment transactions are considered. In order to assist the Agency with these services, KMA recommends that the Agency establish a budget of $125,900. We will provide all services, as requested, on a time -and -materials basis subject to the attached standard hourly billing rate schedule. attachment CALUM UN0 30 Y&W OJV SUV= TO OUR CULM a+14rA aocooADUN KEYSER MARSTON ASSOCIATES, INC. HOURLY FEE SCHEDULE 2004/2005 A. JERRY KEYSER* $245.00 MANAGING PRINCIPALS $240.00 PRINCIPALS* $230.00 MANAGERS* $185.00 SENIOR ASSOCIATES $165.00 ASSOCIATES $145.00 SENIOR ANALYSTS $130.00 ANALYSTS $110.00 TECHNICAL STAFF $85.00 ADMINISTRATIVE STAFF $70.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro- cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. A charge of 1% per month will be added to all past due accounts. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. CELEBRATING 30 YEARSOFSERYxE TO OUR Cums 04114n& BB800.000.003 RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Director DATE: September 28, 2004 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of September 28, 2004 for the Redevelopment Department. First Time Homebuyers Program Funding in the amount of $100,000 is available for FY 04 —05. Residential Improvement Proarams The program budget for FY 04-05 is $250,000, with $12405 funded on 3 units. Affordable Housina The Cottages of Old Town project consists of fourteen new single-family detached homes and three rehabilitated single-family homes located on Sixth Street. Sixteen of the seventeen Homeowners have moved in with the last remaining one scheduled to move in sometime in September 2004. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity on February 11, 2003 to develop a home -ownership project within the Pujol Neighborhood. The groundbreaking was held on July 26, 2003 The project located on the northwest corner of Pujol and First Streets, will consist of 6 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. Habitat will be submitting final grading plans, street improvements and final map to Public Works for review. RASYERSKN0NTHLLY\Sep04.doc Senior Housing Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden -style apartments and project amenities, which will include a community room and swimming pool. The project is complete and the new residents are in the process of moving in. Old Town Community Theater The bid opening was held on January 14. Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February 10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and should be completed in the Summer of 2005. Baily's Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Kim Baily on March 25, 2003 to develop a restaurant on the property located at Old Town Front and !Id Street. The building will consist of casual and patio dining on the first floor with a fine dining restaurant on the second floor. Construction has begun and should be completed in October 2004. Campus Project The Redevelopment Agency entered into a Disposition and Development Agreement with AGK Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The: facility will consist of mixed -income apartments, retail facilities, parking and participating college universities. The project should be completed in Fall of 2006. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: Hitching Post - Sign Program Penfold Building - Sign Program - Completed Homes Magazine - Sign Program — Completed RASYERSK W 0NTHLLY\Sep04.doc Old Town Promotions/Marketing FRIDAY HOT SUMMER NIGHTS Friday Hot Summer Nights concluded on Friday, August 27 in Old Town Temecula. The evening featured the country blues performers, Aunt Kizzy'z Boyz at the Country Pon:h, the Lost Canyon Rangers, Rocky Zharp & the Blues Crackers, Susie Glaze & 8 Hand String Band. The event also included a midway of carnival games for the kids at the Wild Cactus parking lot. Children participated in pitching ping-pong balls and pennies, tag floating ducks and blow bubbles for prizes. The Froggy 92.9 party jump was also at the Wild Cactus. That unusually dressed and always entertaining clown Dynamite Dave created his balloon sensations every Friday evening from 6 p.m. to 9 p.m. Additional Old Town events will be held to include, the Quilt Festival, Fall Rod Run, Howl-O-ween in Old Town, Erle Stanley Gardner and Christmas in Old Town. R1SYERSKVu10NTHLLYGSep04. doc (QLTJ 'T ()w JIM 5a�uaunday �craber 3Ci � 3l 11 a.m. 3ta 5 p.m. Pet Ca5turne Parade 5aturdar, l p.m. to tf p.m. 5ud$ing at 2 p.m. Produced by Animal Friends of the Valley5 5am Hicks Park C05turne wal% Sunday, 25 p.m. m Judging at 3:30 p.. at The C ocolate PlorjSd a or 'nformai'on VO w.temeculaea!'forn'a.co or call 511 M I ti_ c r lh3?C�itTit7 ~ TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUGUST 24, 2004 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:46 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, and Naggar 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 10, 2004. Formation of Community Facilities District — Rorioaugh Ranch RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH RANCH 03-02 Public Works Director Hughes requested that an Item No. 16 be added to Exhibit A of Resolution No. TPFA 04-08 to be defined as other various public improvements as identified in the Roripaugh Ranch Development Agreement. For Agency Member Comerchero, Mr. Public Works Director Hughes advised that it was always staff's intent to include this additional item to this Exhibit and that the inclusion of this item will definitely benefit the City not necessarily the developer. R: Minutes.tpfa\082404 2.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 04-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) MOTION: Authority Member Stone moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Authority Member Comerchero and electronic vote reflecl:ed unanimous approval with the addition of an Item No. 16 to Exhibit A (Description of Facilities eligible to be funded by the District and prior lien to be eliminated by the District) of Resolution No. TPFA 04-08 as noted above by Public Works Director Public Works Director Hughes. EXECUTIVE DIRECTOR'S REPORT No comments BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:49 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAMinutes.tpfa\082404 2 ITEM 2 Gm.- * I Il CITY ATTORNEY DIRECTOR OF FINANCF, Ji4.. CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Temecula Public Financing Authority FROM: Shawn Nelson, Executive Director DATE: September 28, 2004 SUBJECT: Amendment of Resolutions for Community Facilities District — Roripaugh Ranch RECOMMENDATION: That the Authority adopt the resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AMENDING RESOLUTION NOS. TPFA 04-08 AND TPFA 04-09 TO ALLOW FOR FINANCING OF ADDITIONAL FACILITIES AND TO CHANGE DATE OF PUBLIC HEARING BACKGROUND: Ashby USA, LLC, a California limited liability company (the "Landowner") has requested that the Authority form a community facilities district to (i) assist in the funding of various public improvements necessitated by the construction of the Roripaugh Ranch subdivision or otherwise satisfying obligations arising from the development, and (ii) eliminate an existing County special assessment lien on property in the proposed community facilities district. The City and the Redevelopment Agency created the Authority in 2001, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider the formation of community facilities districts and act as the issuer of any community facilities district bonds. On August 24, 2004 the Authority adopted two resolutions of intention related to the formation of a community facilities district ("CFD"). The two resolutions of intention specified the facilities eligible to be financed by the CFD, set forth a rate and method of apportionment of special taxes for the CFD, and expressed the intention of the Authority to incur bonded indebtedness for the CFD. After the adoption of the resolutions of intention, it was determined that the facilities eligible to be funded by the CFD should have included improvements to SR-79. The Landowner has agreed that the Authority may apply ten percent of any net CFD bond proceeds in excess of $42,000,000 to improvements designated by the Authority, and the City would like any of such funds applied to offset the cost of improvements to SR-79. Applicable law requires that the Authority hold a public hearing on the matters set forth in the resolutions of intention, and the public hearing cannot occur less than 30 days after the date of adoption of the resolutions of intention. Amending the resolutions of intention to include SR-79 improvements requires that the public hearing (originally set for September 28t) be reset for a date at least 30 days after the date of adoption of the amending resolution, and City Staff has selected November 9, 2004 as the new date for the public hearing. SPECIFIC ACTIONS: In order to be able to include SR-79 improvements to the list of facilities eligible to be financed by the CFD, the Authority will consider adoption of a resolution amending the two resolutions of intention relative to the proposed community facilities district. The amending resolution calls for public hearings on November 9, 2004 on the formation of the community facilities district and the issuance of bonds. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed CFO formation and financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bonds issued will be paid by special taxes levied on the properties in i:he community facilities district. The bonds will not be obligations of the City or the Redevelopment Agency, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. ATTACHMENT: Resolution No. TPFA 04- RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AMENDING RESOLUTION NOS. TPFA 04-08 AND TPFA 04-09 TO ALLOW FOR FINANCING OF ADDITIONAL FACILITIES AND TO CHANGE DATE OF PUBLIC HEARING WHEREAS, on August 24, 2004 this Board of Directors of the Temecula Public Financing Authority (the "Authority') adopted Resolution No. TPFA 04-08 and Resolution No. TPFA 04-09 (collectively, the "Resolutions of Intention"), declaring its intention to form a community facilities district to be known as the "Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)" (the "District") under the provisions of the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), and to incur bonded indebtedness of the District to finance various public improvements; and WHEREAS, since the adoption of the Resolutions of Intention it has been determined that the facilities eligible to be financed by the District should have included certain improvements necessary to complete improvements to SR-79 within the City of Temecula City limits; and WHEREAS, as a consequence of any amendment to the Resolutions of Intention to add facilities that may be financed by the District, it will be necessary to change the date of the public hearings called pursuant to the Resolutions of Intention to a date which is at least 30 days after the date of adoption of this Resolution amending the Resolutions of Intention; and WHEREAS, this Board of Directors now desires to amend the Resolutions of Intention to add such acquisitions and construction of SR-79 to the list of improvements that may be financed by the District and to reset the date of the public hearings referred to in the Resolutions of Intention. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, as follows: Section 1. Resolution No. TPFA 04-08 of this Board of Directors is hereby amended as follows: (a) Exhibit A and C to Resolution No. TPFA 04-08 are hereby amended and restated in full to read as set forth in Exhibits A and B, respectively, to this Resolution, and (b) the date of the public hearing in Section 11 of Resolution No. TPFA 04-08 is hereby changed to November 9, 2004. Section 2. Resolution No. TPFA 04-09 of this Board of Directors is hereby amended by changing the date of the public hearing in Section 4 of Resolution No. TPFA 04-09 to November 9, 2004, and by amending and restating Exhibit A to Resolution No. TPFA 04-09 in full to read as set forth in Exhibit C to this Resolution. Section 3. The Secretary is hereby directed to cause the notices of public hearing, in the forms of Exhibits B and C to this Resolution, to be published one time in a newspaper of general circulation circulated within the area of the District, with publication to occur no later than seven (7) days prior to the date set forth herein for the public hearings. Section 4. Except as modified by this Resolution, the provisions of the Resolutions of Intention are hereby affirmed. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 2e day of September, 2004. Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-— was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 28`" day of September, 2004, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary I*'(:fl3W-- TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT FACILITIES The District may finance all or part of the costs of the following Murrieta Hot SDrinas Road Murrieta Hot Springs Road (MHSR) from the Westerly Boundary Line of Tract 29661 (existing end of pavement) to Butterfield Stage Road: Improvements include grading for full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, traffic signal(s) landscaping, irrigation, storm drain, concrete slope protection, sewer and water pipelines, and other appurtenant improvements necessary to complete MHSR. 2. Butterfield Stage Road Butterfield Stage Road (BSR) from the Northerly tract boundary to Rancho California Road: Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, traffic signal(s), signing and striping, landscaping, irrigation, storm drain, concrete slope protection, bridges over Santa Gertrudis Creek, and Long Valley Channel, sewer and water pipelines, and other appurtenant improvements necessary to complete Butterfield Stage Road. 3. Nicolas Road 3a Nicolas Road from BSR to the Easterly Metropolitan Water District (MWD) R/W: Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms, curb and gutter, sidewalk, asphalt path, split rail fence, street lights, landscaping, irrigation, storm drain, underground sewer and water pipelines, and other appurtenant improvements necessary to complete Nicolas Road. 3b Nicolas Road from the Easterly MWD R/W to Liefer Road including construction of Calle Garisol realignment to Nicolas Road: Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes, paving, asphalt berms, curb and gutter, sidewalk, asphalt path, utility relocations, traffic detour, split rail fence, street lights, signing and striping, landscaping, irrigation, sewer, storm drain, bridge over Santa Gertrudis Creek (including channel lining and transition structure to bridge), access road, exit structure and other appurtenant improvements necessary to complete Nicolas Road. A-1 3c Nicolas Road Sewer Pipeline from Liefer Road to Joseph Road: Improvements include installing a 15" main line sewer including street re -pavement, traffic detour and other appurtenant improvements necessary to complete Nicolas Road Sewer pipeline. 3d Nicolas Road and North General Kearny Road intersection signalization: Improvements include signalization of intersection, striping, traffic control and other appurtenant improvements necessary to complete the signalization. 3e Nicolas Road and Winchester Road intersection widening and signal modification: Improvements include modifications to existing traffic signal, storm drain, paving, curb and gutter, median curb, bus turn -out, striping, traffic control and other appurtenant improvements necessary to complete the intersection and signal modifications. 4. Calle Chapos Calle Chapos from BSR to Walcott Lane: Improvements include grading half right-of-way width plus twelve feet with 2:1 slopes, paving, AC dike, storm drain and other appurtenant improvements necessary tc complete Calle Chapos. 5. Long Valley Channel Long Valley Channel from the Westerly R/W of BSR to the Easterly Project Boundary: Improvements include grading of channel, flow -by detention basin, construction of drop structures, trapezoidal channel lining, transition structures to Butterfield Stage Road Bridge, rip -rap, grading and paving of access roads, fencing, and other appurtenant improvements necessary to complete Long Valley Channel. 6. Santa Gertrudis Creek Santa Gertrudis Creek from the Habitat Area to the exit channel at MWD R/W: Improvements include a flow -by detention basin, headwalls, trapezoidal channel lining and transition structures; grading, fencing and paving for access roads; desilting tend detention basins, rip -rap protection, rip -rap dissipaters, berms, grading of exit structure and other appurtenant improvements necessary to complete Santa Gertrudis Creek. 7. Environmental Mitigation Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements: Creation of 8.2 acres of habitat within open space to include grading, access road, electrical service, irrigation, plant and seed installation and other appurtenant A-2 improvements necessary to complete resource agency conditioned environmental mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements. 8. Sports Park Sports Park at the SE corner of the intersection of North Loop Road and Butterfield Stage Road: Construct 20±-acre Sports Park including grading, parking, building, lighting landscaping, irrigation, playing fields, basketball courts, children's play area, equipment with a useful life of five (5) years or more and other appurtenant improvements necessary to complete the Sports Park. 9. Fire Station Site Grading Roripaugh Ranch Fire Station site grading Improvements include site grading and other appurtenant improvements necessary to provide a rough graded fire station site. 10. North Loop Road North Loop Road from BSR to Gate House East of BSR (Public Section only): Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, North Loop Road Bridge and other appurtenant improvements necessary to complete the public segment of the North Loop Road East of BSR. 11. South Loop Road South Loop Road from BSR to Gate House East of BSR (Public Section only): Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete the public segment of the South Loop Road East of BSR. 12. Roripaugh Valley Road ( A Street ) Roripaugh Valley Road Grading and Street Improvements from Murrieta Hot Springs Road to Butterfield Stage Road: Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete Roripaugh Valley Road between Murrieta Hot Springs Road and Butterfield Stage Road. A-3 13. Fiesta Ranch Road ( B Street ) Fiesta Ranch Road Grading and Street Improvements from Roripaugh Valley Road to Nicolas Road: Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete Fiesta Ranch Road between Roripaugh Valley Road and Nicolas Road. 14. Fire Station and Fire Apparatus Fire Station Construction and Fire Truck Purchase: Improvements include the acquisition of land for and construction of a fire station to be located at the Southeast corner of Butterfield Stage Road and the South Loop Road, and to consist of a building of approximately 9,100 square feet. Also, the equipping of the fire station, including furniture and fixtures, and the acquisition of a fire truck and other fire fighting apparatus. 15. Neighborhood Park Neighborhood Park at the SW corner of the intersection of Murrieta Hot Springs Road and Roripaugh Valley Road (A Street): Construct 5.1-acre Neighborhood Park including grading, parking, restroom building, lighting, landscaping, irrigation, open grass area, basketball court, children's play area, equipment with a useful life of five (5) years or more and other appurtenant improvements necessary to complete the Neighborhood Park. 16. SR-79Improvements Improvements include right-of-way acquisition, grading to accommodate road widening, paving, curb and gutter, median curb, sidewalk, street lights, traffic signal(s), signing and striping, landscaping, irrigation, storm drain, and other appurtenant improvements necessary to complete improvements to SR-79 within the City of Temecula City limits. PRIOR LIEN The District may fund amounts necessary to eliminate all or a portion of the lien imposed by the County of Riverside Assessment District No. 161 on the real property within the District. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trusteE� or fiscal agent related to the District and any bonded indebtedness of the District. A-4 3. Reimbursement of costs related to the formation of the District advanced by -the Authority, the City or any related entity, or any landowner or developer within the District, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the District, for facilities, fees or other purposes or costs of the District A-5 I*/CII:31i:3 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) NOTICE OF PUBLIC HEARING Notice is hereby given that on August 24, 2004, the Board of Directors (the `Board"'i of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Therein — Roripaugh Ranch 03-02" (the "Resolution of Intention"), and on September 28, 2004, the Board adopted a resolution amending the Resolution of Intention (the "Amending Resolution"). Pursuant to the Resolution of Intention, as amended by the Amending Resolution, and the Mello -Roos Community Facilities Act of 1982, the Board hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there has been submitted to this Board of Directors Petitions (Including Waivers) of the owners of real property in the Roripaugh Ranch development within the City of Temecula (collectively, the "Petitions"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District'); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and bevy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petitions to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily 1:31 approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The types of public facilities (the "Facilities") proposed to be eligible for funding by the District and pursuant to the Law, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant: to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities" and "Prior Lien," respectively, which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the County of Riverside, the Riverside County Flood Control and Water Conservation District, the Temecula Community Services District, the Eastern Municipal Water District, the California Department of Transportation, and with any other public entity that will own and/or operate any of the Facilities, such agreements to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause one or more series of bonds of the Authority to be issued for the District pursuant to the Law to finance a portion of the costs of the Facilities, and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $55,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section M 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes for the District or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax in the District shall be subject to the approval of the qualified electors at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot among the landowners in the District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the facilities, the elimination of the Prior Lien, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study the proposed Facilities for the District and the Prior Lien and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities eligible to be funded by the District and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities, and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, November 9, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax with the District. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. M Section 13. The firms of Fieldman, Rolapp & Associates, David Taussiq & Associates, Inc., Stone & Youngberg LLC, Stephen G. White, MAI, Quint & Thimmig LLP and McFarlin & Anderson are hereby designated as financial advisor, special tax consultant, underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable solely from deposits by the landowners in the District or the proceeds of the bonds, if any, issued by the Authority for the District. Section 14. On November 26, 2002, the City Council of the City of Temecula approved the Roripaugh Ranch Project and specifically adopted Resolution No. 02-111 making certain findings with respect to the approval and certification of an Environmental Impact Report for the Project ("Roripaugh Ranch EIR"). All of the public improvements which are to be funded by the District were described, evaluated and studied as part of the Roripaugh Ranch EIR and Council Resolution No. 02-111. No significant changes have occurred with respect to the project or the environment which require further study or which render invalid the conclusions and findings of the Roripaugh Ranch EIR. No facts exist upon which any findings pursuant to Sections 15162, 15263 or 15265 of the State CEQA Guidelines could be based to require the preparation of a subsequent EIR, supplemental EIR or addendum to an EIR. Therefore, the Board of Directors hereby determines that the contemplated formation of a community facilities district and the issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b} of the California Environmental Quality Act (CEQA) Guidelines is not a `Project' as defined in Section 15378 off the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, and the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. , Section 15. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance or advances of funds or work -in -kind from one or more landowners in the District or related entities, which advances may be repaid and work -in -kind may be reimbursed to the person or entity which advanced the funds or work -in -kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. This Resolution shall take effect upon its adoption. B. The exhibits to the Amending Resolution and the Resolution of Intention, as applicable, which describe the facilities to be funded, the prior lien to be eliminated, and the rate and method of apportionment of the special taxes for, the district are on file in the office of the Secretary of the Authority. C. The time and place established under the Resolution of Intention, as amended by the Amending Resolution, for the public hearing required under the Law are Tuesday, November 9, 2004, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of the Board of Directors, City Council Chambers, Temecula ("ity Hall, 43200 Business Park Drive, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the funding by the District of the specified types of facilities or the elimination of the prior lien will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax file written protests against the establishment of the District and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to establish the District or levy the special taxes in the District for a period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered voters or the landowners are only against the funding of a type or types of facilities, or the elimination of the prior lien on property in the district, or against levying a specified special tax in the District, those types of facilities, the elimination of the prior lien or the specified special tax will be eliminated from the proceedings to form the District. E. The proposed voting procedure shall be by special mail or hand -delivered ballot to the property owners within the territory proposed to be included in the district. Dated: October _, 2004 /s/ Susan W. Jones. CIVIC _ Secretary, Temecula Public Financing Authority M EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) NOTICE OF PUBLIC HEARING Notice is hereby given that on August 24, 2004, the Board of Directors (the "Board") of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)" (the "Resolution of Intention"), and on September 28, 2004, the Board adopted a resolution amending the Resolution of Intention (the "Amending Resolution"). Pursuant to the Resolution of Intention, as amended by the Amending Resolution, and the Mello -Roos Community Facilities Act of 1982, the Board hereby gives notice as follows: A. The text of said Resolution is as follows WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein — Roripaugh Ranch 03-02," stating its intention to form a community facilities district pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing a portion of the costs of certain public improvements (the "Facilities"), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of the portion of costs of the Facilities and the elimination of the Prior Lien to be funded by the District (as defined below) to be not in excess of $47,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and to eliminate the Prior Lien, it is necessary to incur bonded indebtedness for the District in the amount of not to exceed $55,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 03- 02 (Roripaugh Ranch) (the "District') in the amount of not to exceed $55,000,000 to finance a portion of the costs of the Facilities, and the costs of eliminating the Prior Lien. Section 2. The bonded indebtedness described in Section 1 is proposed tc be incurred for the purpose of financing a portion of the costs of the Facilities, and the C-1 financing of the costs of eliminating the Prior Lien, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of one or more series of the bonds in the maximum aggregate principal amount of $55,000,000, bearing interest payable semi- annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, November 9, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue for the District and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. B. The hearing referred to in the aforesaid Resolution of Intention shall be at the time and place specified in the Resolution of Intention, as amended by the Amending Resolution. C. At that time and place any person interested, including persons owning propert/ in the proposed community facilities district, will be heard upon the proposed debt issues. Dated: October , 2004 /s/ Susan W. Jones, CIVIC Secretary, Temecula Public Financing Authority C-2 ITEM 17 APPROVAL CITY ATTORNEY _ DIRECTOR OF FIN CE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Coun 'I FROM: Debbie Ubnoske, Planning Director DATE: September 28, 2004 SUBJECT: Development Code amendment for additional performance standards for multiple office buildings in the BP and LI zones (PA04-0477) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: Introduce and read by title only, an ordinance entitled: ORDINANCE NO. 047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES. (PLANNING APPLICATION 04-0477) BACKGROUND: The City's Development Code restricts the size and type of office buildings within the Business Park (BP) and Light Industrial (LI) zoning districts. In both the BP and LI zones, the Development Code permits "Offices, administrative or corporate headquarters with greater than 50,000 square feet". In the LI zone, offices of less than 50,000 square feet are not permitted. In the past the City has allowed multiple office buildings in the LI zone that are smaller than the 50,000 square foot requirement, as long as the total cumulative square footage was greater than 50,000. Staff is seeing more development applications of this type as a result of current market pressures responding to a shortage of professional office buildings. The provisions of this Municipal Code amendment would facilitate the creation and establishment of smaller professional offices that frequently pay higher than average salaries. This is expected to enhance both the physical and economic development of the City. The proposed amendment would remove the 50,000 square foot requirement for both categories of office uses (administrative / corporate offices and professional service offices) in both the BP and LI zones, allowing any size office building in either zone. The amendment also proposes supplemental performance standards for future office uses in both the BP and LI R:\Ordinences\Pedomance Stds -Office in BP and LI Zones= Staff Re wn.doc zones. The supplemental performance standards emphasize that larger office buildings are preferred and require connecting courtyards and plazas between buildings when development projects with multiple buildings are proposed. These standards support desirable characteristics of site design by placing emphasis on the orientation of buildings to achieve compatible scale to the surrounding area. The Planning Commission reviewed the proposed Development Code Amendment on August 4, 2004, expressed concerns with the clarity of the proposed performance standards and continued the item to the August 18, 2004 Planning Commission meeting. Based upon the Commission's comments, staff made changes to the proposed Development Code Amendment to specify that larger office buildings are preferred but not required in the BP and LI zones, and revised the performance standards to achieve a more campus -like design when multiple office buildings are being proposed. At the August 18`h PC meeting the Planning Commission reconsidered this item and voted 5-0 to adopt the Resolution recommending that the City Council adopt the proposed amendment to the Development Code with the following changes: 1. To remove language in Section 3 of the Ordinance regarding opportunities for business growth and expansion. 2. To clarify language in Performance Standard # 4 that the landscaping and pedestrian scaled elements refer to the courtyard and building entrance areas. ENVIRONMENTAL DETERMINATION: This amendment to the Temecula Municipal Code represents a minor change to the allowable use in the Light Industrial zoned areas of the City by allowing smaller buildings. Staff has reviewed the proposed amendment to the Development Code and has determined that the project has no potential to result in any negative impacts to the environment. The Planning Commission concurred and is recommending that the Clity Council make a finding that there is no potential to have an impact and that no environmental review is required pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines. FISCAL IMPACT: No fiscal impact is anticipated as a result of this Development Code Amendment. ATTACHMENTS: 1. Proposed Ordinance 2. Planning Commission Resolution NO. 2004-042 3. Planning Commission Staff Report 08/18/04 4. Planning Commission Staff Report 08/04/04 R1OrdinancesNedor nce Stds -Office in BP and U Zones= Staff Re:wO. c ATTACHMENT NO.1 PROPOSED ORDINANCE RAOrdinances\Pertonnance Stas -Office in RP and LI Zones\CC Staff ReWAdw ORDINANCE NO. 04-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES. (PLANNING APPLICATION NO. PA04-0477) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the continuing economic development in the Temecula Valley has created an increased demand for office buildings to house desirable and beneficial businesses and the real estate community has identified a present shortage of necessary and desirable professional office buildings; WHEREAS, the City's currently adopted LI zone development standards restrict the size and type of office buildings that may be developed within the zoning district. However the lands with this zoning designation are of a type and nature that would accommodate the type of development deemed necessary and desirable; WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on September 28, 2004 to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends portions of Table 17.08.030 of the Temecula Municipal Code for "Offices, administrative or corporate headquarters with greater than 50,000 sq. ft." and "Offices, professional services less than 50,000 sq. ft., including but not limited to business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance" to read as follows: Description of Use NC CC HT SC PO BP5 Offices, administrative or corporate headquarters - C C C P P P Offices, professional services including, but not limited P P P P P P P to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance RAOrdinances\Perfonnance Stds -Office in BP and LI Zones\ORDINANCE CC.doc Section 2. The City Council of the City of Temecula hereby amends Table 17.08.030 of the Temecula Municipal Code to add Footnote No. 5 to read as follows: "5. New office buildings in the BP and LI Zones are subject to Performance Standards contained in Section 17.08.070. E." Section 3. The City Council of the City of Temecula hereby amends portions of Section 17.08.070 of the Temecula Municipal Code by adding Subsection "E" to read as follows: "E. Additional Performance Standards for Office Buildings in the Business Park (BP) and Light Industrial (LI) Zones. In order to encourage desirable characteristics of these zones, multiple free standing office buildings must be designed to be compatible with the surrounding scale. Performance standards to achieve this include but are not limited to the following: 1. Larger single and multi -tenant office buildings are preferred. 2. If multiple freestanding office buildings on a single site are proposed, they should be clustered around a courtyard or common area sufficient to retain a pedestrian scale and to prevent long "barrack -like" rows of buildings. 3. The site should be designed with features that reinforce the visual and spatial relationship of each building and courtyard area, such as the use of decorative paving, landscaping, and pedestrian amenities that complement the architectural design of the buildings. 4. The landscaping and pedestrian scaled elements of the courtyard and building entrance areas, such as awnings or trellises, should be integrated into the elevation and the passageways should be safely lit." Section 4. 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 5. Environmental Compliance. The City Council hereby finds that this amendment to the Temecula Municipal Code represents a series of minor changes regulating the implementation of the zoning procedures and requirements that have no potential to individually or cumulatively to impact the environment beyond that which currently exists. As a result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act Guidelines. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. RAOrdinances\Performance Stds -Office in BP and U Zones\ORDINANCE CC.doc Section 8. This Ordinance shall be in full force and effect _ () days after its passage; and within () days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this _ day of _, 2004. Michael S. Nagger, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:\Ordinances\Perlormance Stds -Office in BP and LI Zones\ORDINANCE CC.doc ATTACHMENT NO. 2 PC RESOLUTION NO. 2004-042 R9O,lnances~ornance Stds -Office in BP and Lf Zones\CC Staff RBPon.doc PC RESOLUTION NO.2004-042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION NO. PA04-0477) WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, the Planning Commission considered the proposed amendment on August 4, 2004 and August 18, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an ordinance amending Chapter 17.08 of ¢he Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Compliance. The Planning Commission recommends that the City Council make a determination that the above described ordinances have no potential for an adverse effect on the environment and that pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines no further environmental analysis is required. RAOrdinanceMPerformance Stds -Office in BP and LI ZonesXPC RESOLUTION final.doc Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18`h day of August 2004. John TVeslo, Chairman ATTEST: D . bbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-042 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18`h day of August, 2004, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None '- Debbie Ubnoske, Secretary RAOrdinances\Perfonnance Stds -Office in BP and LI Zones1PC RESOLUTION final.doc ATTACHMENT NO.3 PLANNING COMMISSION STAFF REPORT 08/18/04 R:\OrdinancesNedonnance Stds -Office in BP and U Zones\CC Staff Rei,oMdoc CITY OFTEMECULA ORIGINAL COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: Planning Commission FROM: Dale West, Associate Planner DATE: August 18, 2004 Development Code amendment for additional performance standards for SUBJECT: multiple office buildings in the BP and LI zones (PA04-0477) RECOMMENDATION Adopt a Resolution recommending that the City Council adopt an Ordinance that would amend Chapter 17.08 of the Temecula Municipal Code to provide additional performance standards for multiple office buildings in Business Park (BP) and Light Industrial (LI) zones. BACKGROUND The Planning Commission reviewed the proposed Development Code Amendment on August 4, 2004, provided direction to staff and continued the item to August 18, 2004. At the August 4, 2004 meeting, the Commission expressed concerns with the clarity of the proposed performance standards and indicated that several standards were in conflict with one another. The Commission also expressed concerns with uses occupying space in the LI zone that do not create substantial local employment opportunities. Based upon the Commissions comments, staff has made the following changes to the proposed Development Code Amendment: • Specify that larger office buildings are preferred but not required in the LI and BP zones. Provide additional performance standards to achieve a campus -like design when multiple office buildings are proposed. ATTACHMENTS PC Resolution No. 2004 — Blue Page 2 2. Standard Ordinance No. 04-_ — Blue Page 5 3. August 4, 2004 Planning Commission Staff Report — Blue Page 9 RAOrdinancesTerformance Stds -Office in BP and I -I ZoneslPC memo.doc 1 0 ATTACHMENT NO.1 PC RESOLUTION NO. 2004- RAOrdinancesTerformance Stds -Office in BP and I -I ZonestPC memo.doc 2 X I PC RESOLUTION NO.2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, the Planning Commission considered the proposed amendment on August 4, 2004 and August 18, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an urgency and standards ordinances amending Chapter 17.08 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Compliance. The Planning Commission recommends that the City Council make a determination that the above described ordinances have no potential for an adverse effect on the environment and that pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines no further environmental analysis is required. RAOrdinancesTerformance Stds -Office In BP and LI ZoneskPC memo.doc 3 0 n Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of August 2004. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of August, 2004, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary RAOrdinancesTerformance Stds -Office in BP and LI Zones\PC memo.doc 4 n X ATTACHMENT NO.2 DRAFT STANDARD ORDINANCE NO 047_ R:%Ordinances%Performance Stds -Office in BP and LI Zones\PC memo.doc 5 0 0 ORDINANCE NO. 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR MULTIPLE OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the continuing economic development in the Temecula Valley has created an increased demand for office buildings to house desirable and beneficial businesses and the real estate community has identified a present shortage of necessary and desirable professional office buildings; WHEREAS, the City's currently adopted LI zone development standards restrict the size and type of office buildings that may be developed within the zoning district. However the lands with this zoning designation are of a type and nature that would accommodate the type of development deemed necessary and desirable; WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on _ to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends portions of Table 17.08.030 of the Temecula Municipal Code for "Offices, administrative or corporate headquarters with greater than 50,000 sq. ft." and "Offices, professional services less than 50,000 sq. ft., including but not limited to business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance" to read as follows: Uescrrptionof Use, _. IV'G CC At SC ,P0 ' B�xS LI5 Offices, administrative or corporate headquarters C C C P F' P Offices, professional services including, but not limited P P P P P P P to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, RAOrdinancesXPerformance Stds -Office in BP and LI Zones\PC memo.doc 6 Ddiicriotion of. Use J NC CC HT SC PO BFr5 Lf insurance Section 2. The City Council of the City of Temecula hereby amends Table 17.08.031) of the Temecula Municipal Code to add Footnote No. 5 to read as follows: "5. New office buildings in the BP and LI Zones are subject to Performance Standards contained in Section 17.08.070. E." Section 3. The City Council of the City of Temecula hereby amends portions of Section 17.08.070 of the Temecula Municipal Code by adding Subsection "E" to read as follows: "E. Additional Performance Standards for Office Buildings in the Business Park (BP) land Light Industrial (LI) Zones. In order to encourage desirable characteristics of these zones, multiple free standing office buildings must be designed to be compatible with the surrounding scale and retain future opportunities for business growth and expansion. Performance standards to achieve this include but are not limited to the following: 1. Larger single and multi -tenant office buildings are preferred. 2. If multiple freestanding office buildings on a single site are proposed, they should be clustered around a courtyard or common area sufficient to retain a pedestrian scale and to prevent long "barrack -like" rows of buildings. 3. The site should be designed with features that reinforce the visual and spaitial relationship of each building and courtyard area, such as the use of decorative paving, landscaping, and pedestrian amenities that complement the architectural design of the buildings. 4. Landscaping and pedestrian scaled elements such as awnings or trellises should be integrated into the elevation and the passageways should be safely lit." Section 4. 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 5. Environmental Compliance. The City Council hereby finds that this amendment to the Temecula Municipal Code represents a series of minor changes regulating the implementation of the zoning procedures and requirements that have no potential to individually or cumulatively to impact the environment beyond that which currently exists. As a result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act Guidelines. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. RAOrdinancesWerformance We -Office in BP and I -I Zones\PC memo.doc 7 n Section 8. This Ordinance shall be in full force and effect _ O days after its passage; and within O days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this _ day of _, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk RAOrdinancesTerformance Stds -Office in BP and LI ZonestPC memo.doc 8 n 0 ATTACHMENT NO.3 AUGUST 4, 2004 PLANNING COMMISSION STAFF REPORT R:\Ordinances\Performance Stds -Office in SP and LI Zones\PC memo.doc 9 n STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION August 4, 2004 ORIGINA L Planning Application No. PA04-0477 (Development Code Amendment) Prepared By: Dale West, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission adopt a Resolution entitled: PC RESOLUTION NO.2004-, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) BACKGROUND The Development Code was adopted by the City Council in 1995. Since its adoption, the Code has been periodically amended to modify various provisions as opportunities have been identified and to improve its clarity. The Development Code currently permits "Offices, administrative or corporate headquarters with greater than 50,000 square feet" in the Light Industrial (LI) and Business Park (BP) zones. The Code also permits "Offices, professional services with less than 50,000 square feet" in the BP zone but prohibits them in the LI zone. The City currently has pending applications for projects with multiple small office buildings of less than 50,000 square feet in the LI zone. In the past the City has allowed multiple buildings if the total cumulative square footage was greater than 50,000. However there are circumstances where the site is not large enough to allow 50,000 square feet of building area. Staff believes that these smaller buildings can be allowed if there are design criteria to achieve an appropriate development. Based upon this situation staff is recommending that three changes be made to the Development Code. To permit offices, administrative or corporate headquarters in the BP and LI zones, regardless of square footage. • To permit professional service offices in all zones, regardless of total square footage. • To add performance standards for designing sites with smaller office buildings in the BP and LI zones. RAOrdinances\Performance Side -Office in SP and LI Zones\PC Staff Report.doc 1 ANALYSIS The amendment proposes to remove the 50,000 square foot requirement for both categories of office uses (administrative or corporate headquarter offices and professional service offices) in both the BP and LI zones. This change would allow any size office building in either zone. The amendment also proposes supplemental performance standards for small office uses in both the BP and LI zones. These performance standards would promote consistency with office buildings and encourage enhanced site design. The supplemental performance standards would encourage fewer multi -story buildings when possible and would require connecting courtyards and plazas between buildings when development projects with smaller buildings are proposed. These standards support desirable characteristics of site design by placing emphasis on the orientation of buildings to achieve compatible scale to the surrounding area and to retain future opportunities for business growth and expansion. Performance standards to achieve this include but are not limited to the following: Fewer buildings with multiple -stories are preferred over numerous smaller buildings. This will provide greater opportunities for larger corporate tenants that may desire an entire building or floor. Freestanding multiple office buildings on a single site should be clustered around a courtyard or common area sufficient to retain a pedestrian scale. This creates opportunities for plazas and pedestrian areas while preventing long "barrack -like" rows of buildings. 3. When clustering is impractical, a visual link should be established between buildings. Areas between buildings should be purposely designed shapes not simply left over spaces between buildings. 4. Landscaping and pedestrian scaled elements such as awnings ortrellises should be integrated into the elevation and the passageways should be safely lit. 5. The site should be designed with features that reinforce the visual and spatial relationship of each building, such as the use of decorative paving, landscaping, and pedestrian amenities that complement the architectural design of the buildings." ENVIRONMENTAL DETERMINATION This amendment to the Temecula Municipal Code represents a minor change to the allowable use in the Light Industrial zoned areas of the City, providing clarification for staff's review of project applications. Staff has reviewed the proposed amendment to the Development Code and teas determined that the project has no potential to result in any negative impacts to the environment. As a result, staff is recommending the Commission make a recommendation to the City Council that a no impact finding pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines be made. Attachments 1. PC Resolution No. 2004-_ — Blue Page 3 2. Standard Ordinance No. 04-_ — Blue Page 6 R:\Ordinances\Performance Stds -Office in BP and LI Zones\PC Staff Reporl.doc 2 in n ATTACHMENT NO.1 PC RESOLUTION NO.2004- RAOrdinancesTerformance Stds -Office in BP and LI Zones\PC Staff Report.doc 3 0 PC RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25,1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, the Planning Commission considered the proposed amendment on August 4, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunityto, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an urgency and standards ordinances amending Chapter 17.08 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Compliance. The Planning Commission recommends that the City Council make a determination that the above described ordinances have no potential for an adverse effect on the environment and that pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines no further environmental analysis is required. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 0 day of August 2004. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:\Ordinances\Performance Slide -Office in BP and LI Zones\PC Staff Report.doc 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) as CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4tn day of August, 2004, by the following vote of the Commissioln: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary RAOrdinances\Performance Stds -Office in BP and LI Zones\PC Staff Report.doc 5 0 ATTACHMENT NO.2 DRAFT STANDARD ORDINANCE NO 04- RAOrdinances\Performance Stds -Office in BP and LI Zones\PC Staff Report.doc 6 n ORDINANCE NO.04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04.0477) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the continuing economic development in the Temecula Valley has created an increased demand for office buildings to house desirable and beneficial businesses and the real estate community has identified a present shortage of necessary and desirable professional office buildings; WHEREAS, the City's currently adopted LI zone development standards restrict the size and type of office buildings that may be developed within the zoning district. However the lands with this zoning designation are of a type and nature that would accommodate the type of development deemed necessary and desirable; WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the CityCouncil has held a duly noticed public hearing on to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends portions of Table 17.08.030 of the Temecula Municipal Code for "Offices, administrative or corporate headquarters with greater than 50,000 sq. ft." and "Offices, professional services less than 50,000 sq. ft., including but not limited to business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance" with the following: Offices, administrative or corporate headquarters - C C C P P5 P5 Offices, professional services including, but not limited P P P P P P5 P5 to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance RAOrdinancesTerformance Stds -Office in BP and I -I Zones\PC Staff Report.doc 7 Section 2. The City Council of the City of Temecula hereby amends Table 17.08.030 of the Temecula Municipal Code to add Footnote No. 5 to read as follows: "5. Office uses permitted in the BP and LI Zones are subject to Performance Standards contained in Section 17.08.070. E." Section 3. The City Council of the City of Temecula hereby amends portions of Section 17.08.070 of the Temecula Municipal Code by adding Subsection "E" to read as follows: "E. Additional Performance Standards for Office Buildings in the Business Park (BP) land Light Industrial (LI) Zones. In order to maintain the desirable characteristics of these zones, office buildings must be designed to be compatible with the surrounding scale and retain future opportunities for business growth and expansion. Performance standards to achieve this include but are not limited to the following: 6. Fewer buildings with multiple -stories are preferred over numerous smaller buildings. This will provide greater opportunities for larger corporate tenants that may desire an entire building or floor. 7. Freestanding multiple office buildings on a single site should be clustered around a courtyard or common area sufficient to retain a pedestrian scale. This creates opportunities for plazas and pedestrian areas while preventing long 'barrack -like" rows of buildings. 8. When clustering is impractical, a visual link should be established between buildings. Areas between buildings should be purposely designed shapes not simply left over spaces between buildings. 9. Landscaping and pedestrian scaled elements such as awnings ortrellises should be integrated into the elevation and the passageways should be safely lit. 10. The site should be designed with features that reinforce the visual and spatial relationship of each building, such as the use of decorative paving, landscaping, and pedestrian amenities that complement the architectural design of the buildings." Section 4. Severability. The City Council hereby declares that the provisions of Rhis Ordinance are severable and if for any reason a court of competent jurisdiction shall hold lany 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 5. Environmental Compliance. The City Council hereby finds that this amendment to the Temecula Municipal Code represents a series of minor changes regulating the implementation of the zoning procedures and requirements that have no potential to individually or cumulatively to impact the environment beyond that which currently exists. As a result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act Guidelines. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. RAOrdinances\Perfonnance Stds -Office in BP and LI Zones\PC Staff Reporl.doc 8 x x Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) clays after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 8. This Ordinance shall be in full force and effect _ () days after its passage; and within () days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this ATTEST: Susan W. Jones, CMC City Clerk [SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) day of _, 2004. Michael S. Naggar, Mayor I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:\Ordinances\Performance Stds -Office in BP and LI Zones\PC Staff Report.doc 9 ATTACHMENT NO.4 PLANNING COMMISSION STAFF REPORT 08/04/04 RAOrdinancesTeftnrence Stds Office in BP and LI ZWeS\CC Staff Re,wn.dw STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION August 4, 2004 i 4RIGINA L Planning Application No. PA04-0477 (Development Code Amendment) Prepared By: Dale West, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission adopt a Resolution entitled: PC RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) BACKGROUND The Development Code was adopted bythe City Council in 1995. Since its adoption, the Code has been periodically amended to modify various provisions as opportunities have been identified and to improve its clarity. The Development Code currently permits "Offices, administrative or corporate headquarters with greater than 50,000 square feet' in the Light Industrial (LI) and Business Park (BP) zones. The Code also permits "Offices, professional services with less than 50,000 square feet' in the BP zone but prohibits them in the LI zone. The City currently has pending applications for projects with multiple small office buildings of less than 50,000 square feet in the LI zone. In the past the City has allowed multiple buildings if the total cumulative square footage was greater than 50,000. However there are circumstances where the site is not large enough to allow 50,000 square feet of building area. Staff believes that these smaller buildings can be allowed if there are design criteria to achieve an appropriate development. Based upon this situation staff is recommending that three changes be made to the Development Code. To permit offices, administrative or corporate headquarters in the BP and LI zones, regardless of square footage. • To permitprofessionalservice offices in all zones, regardless of total square footage. • To add performance standards for designing sites with smaller office buildings in the BP and LI zones. RAOrdinancesTerformance Stds -Office In BP and LI Zones\PC Staff Report.doc 1 n ANALYSIS The amendment proposes to remove the 50,000 square foot requirement for both categories of office uses (administrative or corporate headquarter offices and professional service offices) in both the BP and LI zones. This change would allow any size office building in either zone. The amendment also proposes supplemental performance standards for small office uses in both the BP and LI zones. These performance standards would promote consistency with office buildings and encourage enhanced site design. The supplemental performance standards would encourage fewer multi -story buildings when possible and would require connecting courtyards and plazas between buildings when development projects with smaller buildings are proposed. These standards support desirable characteristics of site design by placing emphasis on the orientation of buildings to achieve compatible scale to the surrounding area and to retain future opportunities for business growth and expansion. Performance standards to achieve this include but are not limited to the following: Fewer buildings with multiple -stories are preferred over numerous smaller buildings. This will provide greater opportunities for larger corporate tenants that may desire an entire building or floor. 2. Freestanding multiple office buildings on a single site should be clustered around a courtyard or common area sufficient to retain a pedestrian scale. This creates opportunities for plazas and pedestrian areas while preventing long "barrack -like" rows of buildings. 3. When clustering is impractical, a visual link should be established between buildings. Areas between buildings should be purposely designed shapes not simply left over spaces between buildings. 4. Landscaping and pedestrian scaled elements such as awnings ortrellises should be integrated into the elevation and the passageways should be safely lit. 5. The site should be designed with features that reinforce the visual and spatial relationship of each building, such as the use of decorative paving, landscaping, and pedestrian amenities that complement the architectural design of the buildings." ENVIRONMENTAL DETERMINATION This amendment to the Temecula Municipal Code represents a minor change to the allowable use in the Light Industrial zoned areas of the City, providing clarification for staff's review of project applications. Staff has reviewed the proposed amendment to the Development Code and has determined that the project has no potential to result in any negative impacts to the environment. As a result, staff is recommending the Commission make a recommendation to the City Council that a no impact finding pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines be made. Attachments 1. PC Resolution No. 2004-_ — Blue Page 3 2. Standard Ordinance No. 04-_ — Blue Page 6 RAOrdinances\Performance Side -Office in BP and LI Zones\PC Staff Report.doc 2 ATTACHMENT NO. 1 PC RESOLUTION NO. 2004-. RAOrdinances\Perfonnance Stds -Office in BP and LI Zones\PC Staff Report.doc 3 I PC RESOLUTION NO.2004-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January25,1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, the Planning Commission considered the proposed amendment on August 4, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this malter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an urgency and standards ordinances amending Chapter 17.08 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Compliance. The Planning Commission recommends that the City Council make a determination that the above described ordinances have no potential for an adverse effect on the environment and that pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines no further environmental analysis is required. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of August 2004. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] RAOrdinances\Performance Stds -Office in BP and I -I Zones\PC Staff Report.doc 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of August, 2004, by the following vote of the Commissioln: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary RAOrdinancesTerformance Stds -Office in BP and LI Zones\PC Staff Report.doc 5 0 ATTACHMENT NO.2 DRAFT STANDARD ORDINANCE NO 041 R:\Ordinances\Performance Stds -Office in BP and LI Zones\PC Staff Report.doc 6 I ORDINANCE NO.04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE ADDITIONAL PERFORMANCE STANDARDS FOR OFFICE BUILDINGS IN BUSINESS PARK AND LIGHT INDUSTRIAL ZONES". (PLANNING APPLICATION 04-0477) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the continuing economic development in the Temecula Valley has created an increased demand for office buildings to house desirable and beneficial businesses and the real estate community has identified a present shortage of necessary and desirable professional office buildings; WHEREAS, the City's currently adopted LI zone development standards restrict the size and type of office buildings that may be developed within the zoning district. However the lands with this zoning designation are of a type and nature that would accommodate the type of development deemed necessary and desirable; WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends portions of Table 17.08.030 of the Temecula Municipal Code for "Offices, administrative or corporate headquarters with greater than 50,000 sq. ft." and "Offices, professional services less than 50,000 sq. ft., including but not limited to business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance" with the following: Offices, administrative or corporate headquarters C C C P P5 P5 Offices, professional services including, but not limited P P P P P P5 P5 to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance RAOrdinancesTerformance Stds -Office in SP and I -I Zones\PC Staff Report.doc 7 Section 2. The City Council of the City of Temecula hereby amends Table 17.08.030 of the Temecula Municipal Code to add Footnote No. 5 to read as follows: "5. Office uses permitted in the BP and LI Zones are subject to Performance Standards contained in Section 17.08.070. E." Section 3. The City Council of the City of Temecula hereby amends portions of Section 17.08.070 of the Temecula Municipal Code by adding Subsection "E" to read as follows: "E. Additional Performance Standards for Office Buildings in the Business Park (BP) and Light Industrial (LI) Zones. In order to maintain the desirable characteristics of these zones, office buildings must be designed to be compatible with the surrounding scale and retain future opportunities for business growth and expansion. Performance standards to achieve this include but are not limited to the following: 6. Fewer buildings with multiple -stories are preferred over numerous smaller buildings. This will provide greater opportunities for larger corporate tenants that may desire an entire building or floor. 7. Freestanding multiple office buildings on a single site should be clustered around a courtyard or common area sufficient to retain a pedestrian scale. This creates opportunities for plazas and pedestrian areas while preventing long "barrack -like" rows of buildings. 8. When clustering is impractical, a visual link should be established between buildings. Areas between buildings should be purposely designed shapes not simply left over spaces between buildings. 9. Landscaping and pedestrian scaled elements such as awnings or trellises should be integrated into the elevation and the passageways should be safely lit. 10. The site should be designed with features that reinforce the visual and spatial relationship of each building, such as the use of decorative paving, landscaping, and pedestrian amenities that complement the architectural design of the buildings." Section 4. 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 tiny 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 5. Environmental Compliance. The City Council hereby finds that this amendment to the Temecula Municipal Code represents a series of minor changes regulating the implementation of the zoning procedures and requirements that have no potential to individually/ or cumulatively to impact the environment beyond that which currently exists. Asa result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act Guidelines. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. RAOrdinancesTerformance Stds -Office in BP and U Zones\PC Staff Report.doc 8 Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) clays after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copiers of this Ordinance to be posted in three designated posting places. Section 8. This Ordinance shall be in full force and effect _ () days after its passage; and within () days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this _ day of _, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of , 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk RAOrdinances\Performance Stds -Office in BP and LI Zones\PC Staff Report.doc 9 ITEM 18 APPROVA CITY ATTORNEY DIRECTOR OF FIN = CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Ci C nciI FROM: Debbie Ubnos Director of Planning DATE: September 28, 2004 SUBJECT: Development Code Amendment (Planning Application 04-0297) PREPARED BY: Matthew Harris, Associate Planner RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND TO MAKE OTHER MINOR CHANGES (PLANNING APPLICATION 04- 0297) BACKGROUND: On August 29, 2002, a Conditional Use Permit (CUP) PA02-0478 application was submitted for a private heliport in the Light Industrial zone (42580 Rio Nedo). The CUP was approved by the Planning Director at the October 9, 2003 Director Hearing and subsequently appealed by City Councilman Jeff Stone, citing public safety and land use compatibility issues. Moreover, Councilman Stone was concerned that no specific criteria currently exist within the Development Code to evaluate these types of facilities. Subsequent to the appeal, staff drafted a proposed amendment to the Development Code to include standards specifically for private heliport facilities. The proposed amendment was reviewed and considered by the Planning Commission at the June 16, 2004 Planning Commission hearing. ANALYSIS: This proposed amendment would make the following general changes to the Development Code: Amend Section 17.08.030 to authorize private heliports in the Professional Office zone as a conditional use; Amend Section 17.08.030 to authorize private heliports for hospitals only in the Community Commercial (CC), Highway Tourist Commercial (HTC) and Service Commercial (SC) zones. RADevelopment CodeW4-0297 Amendment\Staff Report Mdoc 1 Amend Section 17.10 (Supplemental Development Standards) to create a new use classification for private heliports, along with development standards findings for approval, and review procedures. The proposed development standards include a requirement that heliports shall not be located within 1,000 feet of an existing or proposed school, park, or an assembly use with 500 or more occupant load. The standards also include a 100 foot setback requirement from residential areas unless the flight pattern does not encroach into the residential areas. The draft ordinance requires that a Conditional Use permit be required for all proposed heliports. • Add the definitions to Section 17.34.010: Helicopter, Private Heliport, Private Heliporl for Hospital and Touchdown Liftoff Area. The proposed development standards include a requirement that heliports shall not be located within 1,000 feet of an existing or proposed school, park, or an assembly use with 500 or more occupant load. The standards also include a 100 foot setback requirement from residential areas unless the flight pattern does not encroach into the residential areas. The draft ordinance requires that a Conditional Use permit be required for all proposed heliports. PLANNING COMMISSION RECOMMENDATIONS Upon hearing the staff recommendation and considering all public testimony the Planning Commission discussed the following issues: Residential Zone Setback The Commission felt that that the 100-foot wide Touchdown Liftoff Area setback from adjacent residentially zoned property should not apply when the helicopter flight pattern associated with a specific heliport facility does not encroach into the adjacent residentially zoned property. Wall Requirement for Rooftop Heliports The Commission felt that the requirement for a four -foot tall fence or wall to deflect horizontal wind velocities should only be applied to ground mounted heliport facilities. The consensus was that roof mounted heliports will already be elevated and therefore will not create signifii;ant horizontal wind velocities on adjacent uses/properties. Hours of Operation Rather than requiring that all private heliports operate during specific hours of the day or on specific days of the week, the Commission felt that it would be more appropriate to determine hours of flight operation on a project specific basis. Enforcement Review Rather than requiring the automatic submittal of a bi-annual report to the Planning Commission to verify operational compliance, the Commission felt that a private heliport operator should only have to submit an operational report to the Commission if a complaint was received from the public. Upon reviewing the report, the Commission would have the authority to modify or revoke the conditional use permit associated with the specific heliport facility. R:\Development Code\04-0297 Amendment\Staff Report CC.doc 2 Definition Revision The Commission felt that the definition "Private Heliport for Hospital' should be broadened to include the picking up and discharging of general, acute care and emergency care passengers. ENVIRONMENTAL DETERMINATION: The proposed amendment to the Municipal Code would create specific development standards and approval criteria for private heliports. However, proposed amendments would not directly allow the construction of the heliport facilities. Therefore, the proposed changes to the Municipal Code will not have an effect on the physical environment. An environmental determination will instead be undertaken in association with a specific private heliport project. Therefore, this amendment of the Municipal Code is exempt from environmental review pursuant to Section 15061(b) (3) of the CEQA Guidelines. FISCAL IMPACT: No direct fiscal impacts are associated with this provision. ATTACHMENTS: Proposed Ordinance — 04 2. PC Resolution No. — 2004- 033 — 3. PC Minutes of June 16, 2004 4. June 16, 2004 Planning Commission Staff Report — RADevelopment Code\04-0297 Amendment\Staff Report CC.doc 3 ATTACHMENT NO. 1 PROPOSED ORDINANCE RADevelopment Code\04-0297 Amendment\Staff Report CC.doc 4 ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND TO MAKE OTHER MINOR CHANGES (PLANNING APPLICATION NO. PA04-0297) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the Planning Commission held a duly noticed public hearing on June 16, 2004, and recommended that the City Council approve the attached amendments to the City Municipal Code; WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; arid, WHEREAS, the City Council has held a duly noticed public hearing on September 28, 2004 to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Table 17.08.030 to add the following uses: Description of Use NC CC HT SC PO BP LI Private Heliport' C C C Private Heliport for Hos ital C C C C C C Section 2. The City Council of the City of Temecula hereby amends Chapter 17.10 adding Subsection P to read as follows: "P: Private Heliports 1. Conditional Use Permit Required. A Conditional Use Permit approved by the planning commission shall be required for all private heliports. All conditional use permits for heliports shall comply with the requirements of Section 17.04.010. 2. Siting and Design Criteria. All private heliports shall comply with the following requirements: R:\Development Code\04-0297 Amendment\Staff Report CC.doc 5 3. a a. Heliports shall not be located within 1,000 feet (measured from structure to structure) of an existing or designated public or private primary, secondary or high school. b. Heliports shall not be located within 1,000 feet of an existing or proposed public park (measured property line to property line). C. Heliports shall not be located within 1,000 feet (measured structure to structure) of an existing or future assembly facility having 500 persons or more seating capacity. Private heliports associated with hospitals shall be exempt from this requirement. d. The Touchdown Liftoff Area shall not be located within any required yard area and in no circumstance shall it be located within ten (10) feet from all property lines. In addition, a one -hundred (100) foot setback shall be achieved from adjacent residentially zoned properties unless the helicopter flight pattern does not encroach into a residential area. e. Ground heliports may be required to be surrounded by a fence or wall at least four feet high and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the rotor blades, providing all FAR Part 77 imaginary surfaces and the surface area remain obstruction free. f. The Touchdown Liftoff Area shall be surfaced with material that will be free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter. g. Any lighting used for nighttime operations shall be directed away from adjacent residences. Requirements for Rooftop Heliports. Rooftop heliport facilities shall also comply with the following standards. a. No roof openings shall be permitted within twenty-five (25) feet of the Touchdown Liftoff Area. b. Rooftop exits shall not be located within twenty-five (25) feet of the Touchdown Liftoff Area. C. Rooftop heliport facilities shall be constructed in accordance with the City Building and Fire Code requirements in addition to applicable State and Federal heliport design standards and regulations. Required Finding: A Conditional Use Permit may be approved only if the following finding is made: a. The heliport is in compliance with the requirements described in Subsections 2 and 3. 5. Operational Requirements. a. Hours of flight operation shall be determined on a project specific basis. b. The Touchdown Liftoff Area shall remain free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter. 6. Enforcement Review. Upon receiving a public complaint regarding heliport operations, an operational monitoring report shall be submitted by the applicant. The monitoring report shall be submitted within forty-five days from the date the complaint was submitted. The report shall include data on the types of helicopters using the facility, RADevelopment Code\04-0297 Amendment\Staff Report CC.doc hours of operation, performance standards, number of monthly flights and any other necessary data. All enforcement reports shall be submitted to the Planning Commission for review. The modification or revocation of the conditional use permit shall comply with the provisions of Section 17.04.010.1. Section 3. The City Council of the City of Temecula hereby amends Section 17.34.010 by adding the following definitions: "Helicopter" means a rotary wing aircraft which depends for its support and motion in the air principally upon the lift generated by one or more power -driven rotors that rotate on a substantially vertical access. "Private Heliport" means a landing area used to take off or land private helicopters for the purpose of picking up and discharging passengers, cargo or medical emergency passengers and do not include fueling or service facilities. The use of the heliport shall be accessory and incidental to the primary use of the property. Private heliports do not include facilities for regularly scheduled commercial operations such as commuter passenger service. "Private Heliport for Hospital" means a landing are used to take off or land helicopters for the purpose of picking up and discharging general, acute care and emergency care passengers. The use of the heliport shall be accessory and incidental to an existing hospital facility. "Touchdown Liftoff Area (TLOF)" means the area of the heliport where the helicopter lands on and takes off from." PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of _ 2004. Michael S. Nagger, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] RADevelopment Code\04-0297 Amendment\Staff Report CC.doc 7 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 the foregoing Ordinance No. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of _, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the _ day of _, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CIVIC City Clerk RADevelopment Code\04-0297 Amendment\Statt Report CC.doc 8 ATTACHMENT NO. 2 PC RESOLUTION NO. 2004- RADevelopment Code\04-0297 Amendment\Staff Report CC.doC 9 0 PC RESOLUTION NO.2004-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND MAKE OTHER MINOR CHANGES" PLANNING APPLICATION NO. PA04-0297 WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25,1995, the City Council of the Cityof Temecula adopted the Citys Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code to address anticipated private heliport facilities and the need for special development standards associated with those uses; and WHEREAS, the Planning Commission, at a regular meeting, considered the amendment on June 16, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recommendation of Approval. That the City of Temecula Planning Commission hereby recommends that the City Council approve the ordinance of the City Council of the City of Temecula amending Title 17 of the Temecula Municipal Code, substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Compliance. The proposed Municipal Code Amendment will not directly allow the construction of heliport facilities. The Planning Commission hereby finds that this amendment to the Temecula Municipal Code will not directly allow the development of heliport facilities and therefore will not have an effect on the physical environment. As a result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act Guidelines given that the project has no potential for causing a significant effect on the environment. RAD P\2002\02.0478 Private Helipad\STAFFRPT PC.doc f 1 PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 ) 16t' day of June, 2004. \ L-�' Jokh Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL, . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-034 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 161" day of June, 2004, by the following vote of the Commission: AYES: NOES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio U ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary RAD P\2002\02-0478 Private Hellpad\STAFFRPT PC.doc 6 n MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JUNE 16, 2004 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, June 16, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Telesio thanked Eve Craig for the prelude music. ALLEGIANCE Commissioner Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Mathewson, Olhasso, and Chairman Telesio. Absent: None. PUBLIC COMMENTS None. CONSENT CALENDAR 1 Agenda RECOMMENDATION: 1.1 Approve the Agenda of June 16, 2004. 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of April 21, 2004. 3 Director's Hearing Case Update recommendation: 3.1 Approve the Director's Hearing Case Update for May 2004. RAMinutesPC\061604 1 MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Olhasso seconded the motion and voice vote reflected unanimous approval. New Items 4 Planning Application No. PA03-0717 an Administrative Development Plan, submitted Jefferson Avenue, Suite 101 and 102, north of Montezuma Senior Planner Papp presented a staff report (of record), relaying the following: • That the Beacon Lounge has applied for an Administrative Development Plan (ADP) to construct a 550 square foot outdoor seating/smoking area in conjunction with the existing lounge; • That the area is being proposed to be fenced with an eight -foot high wall around an existing landscaped area; • That the applicant expressed concern with the Planning Department's Conditions ( of Approval regarding landscaping and that the applicant was informed that more landscaping would be required as replacement for the landscaping to be removed; • That staff suggested that the applicant plant vines or shrubs along the outside base of the fence, to incorporate live plantings in clay pots near the entrance; to the lounge, and to plant a cluster of small trees in the southwest corner of the outdoor area; • That the applicant's revised plan indicated one sago palm in a corner and a total of three clay pots; • That staff made an administrative decision to have this item come before the Planning Commission for review and approval; • That staff is in favor of the application but that staff is of the opinion that the landscaping be upgraded and staff has attached three Conditions of Approval to address the concern of landscaping. At this time, the Public Hearing was opened. (_ Mr. Patrick Meredith, the applicant, relayed the following: E RAMlnutesP0k061604 2 • That he is of the opinion that the landscaping requirements have been met; • That the applicant is open to any type of tree other than sago palm. At this time, the Public Hearing was closed. COMMISSION DISCUSSION Commissioner Guerriero noted that he is in favor of the patio concept but concurs with staff's recommendation in regard to landscaping. Commissioner Mathewson concurs with staff's recommendation of conditioning the fence inward approximately 18 inches from the drive aisle to accommodate landscaping and noted that he is not in favor of the proposed sago palm. MOTION: Commissioner Guerriero moved to approve staff's recommendation and that staff work with the applicant in regard to the tree type. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Chinlaeff who voted No. PC RESOLUTION NO.2004-031 A RESOLUTION OF THE PLANNING COMMISSION OF ( ) THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0717, AN ADMINISTRATIVE DEVELOPMENT PLAN TO CONSTRUCT A 550 SQUARE FOOT FENCED OUTDOOR SMOKING/SEATING AREA IN ASSOCIATION WITH AN EXISTING LOUNGE LOCATED AT 27725 JEFFERSON AVENUE, SUITE 101 AND 102, NORTH OF VIA, ALSO KNOWS AS ASSESSORS PARCEL NUMBER 921-400-031 5 Senior Planner Papp presented a staff report (of record), noting the following: That on December 12, 2001, the Planning Commission approved a Development Plan to allow for the construction of 400 apartment units and 121,000 square feet of commercial office retail space on approximately 32 acres; That at the time of approval, a sign program was not required by the Development Code for this type of building; therefore, the Planning Commission } did not have the opportunity to review signage for the project; RAM1nutesPC\061604 • That therefore, staff brought the sign program to the Planning Commission for review and approval and that the sign program for Temecula Creek Village proposes 10 different types of signs; • That staff reviewed proposed sign program and is of the opinion that most of the signs conform to the design standards found in the Development Code. Sign proposals: • Signs B and C: (see staff report); that staff is of the opinion that there is a need to enhance these signs by adding architectural elements to the top and sides of each sign, per the Development Code; • Sign E: (see staff report); that the Development Code is silent on suspended cabinet signs mounted with the issue of internal illumination; that as a condition of approval, staff recommends the insertion of an opaque backing plate behind the sign face, stamped or cut in such a way, to illuminate only the text and graphic elements of the sign face; • Sign F: (see staff report); that staff has concerns with the issue of internal illumination and recommends Condition of Approval No. 16 to address this issue. j_ CONCLUSION: Staff has determined that the proposed sign program, subject to the proposed Conditions of Approval, for the Temecula Creek Village Development, comply with the purpose and intent of the sign standards of the Development Code; and that staff is of the opinion that the sign program will enhance the development, and staff is recommending approval. For Commissioner Mathewson, Mr. Papp further clarified sign dimensions and fonts. At this time, the public hearing was opened. Mr. Bruce Heinzel, of Motivational Systems Inc., representing A.W. properties relayed the following: • That the primary objection in the signage design would be to create an image and a mood consistent with Temecula's unique atmosphere and to create a continuous theme within the mixed -use development including Temecula Creek Village retail and the gated residential area by utilizing a slight variation of the same logo; R:\MinutesPC\061604 4 That the timeless, up -scale craftsman -style logo mark was rendered with a color - palette change to differentiate the two developments, while still tying them together as a community; and that the residential logo will appear in stained glass while the retail logo will be in dark rust and bronze; That natural materials and earthy colors in the signs will be enhanced by the surrounding terrain and will illustrate the builder's attention to detail and concern for the City's environment; That the signs being proposed will create a sense of arrival and permanence: in the community with striking details and illumination, while still functioning as visible, legible directional signage for both pedestrian and vehicular way finding. The following describes the types of signs being proposed: Main entry identification monument • Sign Type A: would be the main entry identification monument; • Sign Type B: would be a man entry major retail tenant monument; • Sign Type C: would be a secondary major office tenant monument; • Sign Type D: would be freestanding multi -tenant directory; Secondary Identity Signage Sign Type E: retail tenant identification arcade sign; that staff expressed concern with illumination type; Sign Type F: upper floor office tenant identification signage; Sion Type G: major office tenant identification; Way findino • Sign Type H: secondary office tenant directory; • Sign Type I: retail tenant signage; • Sign Type J: building address plaque. At this time, the Public Hearing was closed. COMMISSION DISCUSSION Commissioner Chiniaeff expressed excitement with the overall project. Commissioner Guerriero echoed Commissioner Chiniaeff's comments. Commissioner Olhasso noted her appreciation for the improved monument sign and ( j complemented the logo, but did express concern with the logos on the second story. RAMinutesPC\061604 5 Assistant City Attorney Curley clarified corporate logs noting that the Commission could control the size of logos but not the actual logo itself. Commissioner Olhasso suggested reducing the size of the signs. Director of Planning Ubnoske relayed that she understands the concerns of the Commission in regard to the size of the signs and relayed that if it is the will of the Commission, staff could work with the applicant in reducing the size. For the Commission, Senior Planner Papp relayed that he would be happy to work with the applicant to address the concerns of the sign size. MOTION: Commissioner Mathewson move staff's recommendation; that staff work with the applicant in regard to architectural treatments for Sign Types B&C to include chisel cut caps to all freestanding monument signs and above tenant identification panels; that opaque backing to all store front identification signs be added (see staff report); that the text regarding individual signs be clarified with staff and the applicant; and that the applicant work with staff to achieve an appropriate reduction for Sign Type G. Commissioner Olhasso seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 2004-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0215, TO ADOPT A COMPREHENSIVE SIGN PROGRAM FOR THE "VILLAGE COMMERCIAL" AREA OF TEMECULA CREEK VILLAGE GENERALLY LOCATED ALONG THE SOUTH SIDE OF HIGHWAY 79 SOUTH BETWEEN JEDEDIAH SMITH ROAD AND AVENIDA DE MISSIONES, ALSO KNOWN AS ASSESSORS PARCEL 961-010-025 THROUGH -031, -033 THROUGH -035, AND -037 6 Planning Application No PA04-0297 a City initiated Development Code Amendment to establish requirements for private heliports and to make other minor changes Associate Planner Harris presented a staff report (of record), noting the following: That in October 2003, under a Conditional Use Permit (CUP), a rooftop heliport was approved at 42580 Rio Nedo at the northwest corner of Temecula in an industrial area and will be 400 square feet in size; • That the Planning Director's decision was appealed by Councilman Stone; advising that his concerns were that there was no current criteria that existed l within the Development Code that would apply to heliports; and that due to this, Mr. Stone was of the opinion that further analysis by the City would be warranted; R:\MinutesPC\061604 6 • That based on Councilman Stone's appeal, staff surveyed 16 heliport jurisdictions stating that out of 16 jurisdictions, half did not have any standard regulations for heliports; and that the scope and range of the heliports that did have regulations, varied greatly; • That staff recommends that private heliports also be allowed in the Professional Office (PO) zoning districts as a conditional use to better serve business owners and executives; • That moreover, staff is requesting that private hospital heliports also be allowed as a conditional use in the Community Commercial (CC), Highway Tourist Commercial (HTC), and Service Commercial (SC) zones so as to better accommodate a potential hospital facility in these areas of the City; • That in addition, staff has drafted siting and design criteria which addresses the following: o Prohibiting the siting of private heliport facilities within 1,000 feet of existing or designated schools, public parks, and existing and future assembly facilities having 500 persons or more seating capacity; o Prohibiting the siting of the heliport's touchdown liftoff area within required yards nor within ten (10) of the property line; o That as part of the City's processing of the Conditional Use Permit (CLIP), these facilities proposals will be transmitted to both the State Aeronautics Division, the Airport Land Use Commission, Riverside County, and the FAA as well; o That the amendment will also be requiring a potential wall around ground heliports to reduce horizontal wind velocities; • That since the writing of staff's report the State Aeronautics Division recommended another change to the proposed ordinance that reads: that ground heliports may be required to be surrounded by a fence or wall at least four feet high and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the rotor blades, providing all FAR Part 77 imaginary surfaces and the surface area remain obstruction fee; and that staff is recommending that additional language be modified; • That touchdown liftoff area shall be surfaced with material that will be freEl of dust, loose organic or inorganic material, and particles that may be blown about by the helicopter; RAMInutesPC\061604 7 • That lighting used for nighttime operations shall be directed away from adjacent residences; • That in regard to rooftop heliports no roof openings, windows, or skylights, shall be permitted within twenty-five (25) feet of touchdown landing area; • That staff is proposing that flights operate between 7:00 a.m. and 7:00 p.m. on weekdays only (except for medical emergency flights); however, there would be the ability to have intermittent use flights on Saturdays and Sundays subject: to an acquisition of a temporary use permit; • That in regard to operational hours, the applicant is requesting that the operational hours (prohibiting the weekend use) be applied to heliports over 500 feet of a residential zone; • That biennial monitoring report will come before the Planning Commission every couple of years; that the biennial report shall include data on the types of helicopters using the facility, hours of operation, performance standards, number of monthly flights, and any other necessary data; • That staff determined that the provisions are exempt from CEQA; • That staff recommended that the Planning Commission recommend that the City Council adopt the proposed Development Code amendment for private heliports. COMMISSION DISCUSSION Commissioner Chiniaeff noted that a wall or fence surrounding a ground heliport would cause dust to be blown around and suggested that this requirement be deleted; that hospital heliports be limited to those that serve ER/trauma centers; that staff consider operating hours on an case by case study; and that in regard to the annual report, staff may want to consider asking for a review of the CUP only if there have been complaints due to the heliport. Commissioner Guerriero relayed that he concurs with staff in regard to hours of operation; that someone other than the applicant should be in charge of the periodic review other than the applicant and that Commissioner Guerriero concurs with Commissioner Chiniaeff's comment in that hospital heliports should be only for ER/trauma. RAMinutesPC\061604 8 Fire Marshal McBride noted the following: • That there is a loop hole of Article 24 of the California Fire Code which states that: there must be two conforming exits, stairway and a legitimate door exiting from a helicopter landing area if its on a building; that the loop hole states that if it is smaller than a certain dimension, one conforming exit and that the second could be a quick escape device (ladder); the loop hole portion is that if you have the helicopter landing on the roof, the roof of any commercial building would far exceed the dimensions and there would need to be two conforming exits; that if a 12 inch platform is built on top of a roof, the exiting requirement would only be from the platform to the roof resulting in one exit leaving the roof to get down; That the department has great difficulty with the idea of only having one exit from a rooftop helicopter; That often times general acute care hospitals take in people that turn unstable and need to be flown to more advanced care; Assistant City Attorney Curley clarified zoning ordinances for the Planning Commission. At this time, the Public Hearing was opened. ( Mr. Daniel Roth of Robinson Helicopters noted that the California Fire Code and the California Building Code that when you have a small helicopter landing area the number of people in the helicopter is small, it is not necessary to have two exits from it. Mr. McBride clarified that if the Planning Commission adopts an amendment to the Development Code that Mr. McBride would suggest to include a requirement for two conforming stairway exits from any rooftop heliport. At this time, the Public Hearing was closed. MOTION: Commissioner Chiniaeff moved to recommend that the City Council adopt the proposed ordinance subject to the following: that hospital heliports be limited to those that serve as ER/trauma, that the requirement of a wall or fence be installed around helipads be deleted; that the periodic review be implemented only if there have been complaints to a specific site; that staff consider the hours of operation on a case by case study. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. RAMinutesPC\061604 9 PC RESOLUTION NO. 2004-033 A RESOLUTION OF THE PLANNING COMMISSIN OF THE CITY OF TEMECULA RECOMMENDING THT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES ANDMAKE OTHER MINOR CHANGES" PLANNING APPLICATION NO. PA04-0297 7 Planning Application No. PA02-0478 an Appeal, submitted by Brad Adai- s, Sunstone Systems International, Inc., of the Planning Director's decision to appnwe a Conditional Use Permit and Development Plan for the construction, establishment and operation of a private heliport on an existing industrial building located at 42:580 Rio Nedo Associate Planner Harris presented a staff report (of record), noting the following: • That staff has reviewed the proposed heliport project against the draft supplemental standards and has determined that the project would fully conform to these provisions; • That should the Commission support the proposed Development Code Amendment, staff recommends that the appeal be denied subject to an added project condition stating that: o Conditional Use Permit (CUP) No. 2 approval is contingent on City Council adoption of a Development Code Amendment and that the project conforms to the adopted standards and regulations. For Commissioner Chiniaeff, Fire Marshal McBride noted the following: That there will be a fire extinguisher on the roof adjacent to the landing pad; That there will be one conforming exit from the pad and the second could be a ladder. At this time, the Public Hearing was opened. Mr. Roth representing the applicant, noted that there would be an existing roof hatch with a stair on the building; and that the plan is to put a full set of stairs in going down to the first floor; and is of the opinion that the applicant would not object to putting a ladder that goes over the parapet and down the side of the building to the back of the yard; and that there will be marked signage to call out the exit on the set of stairs. (_ _1 Ms. Nancy Baron of Temecula noted concern with flight plans. RAMinutesPC\061604 10 For Ms. Baron, Chairman Telesio relayed that anything that is approved would be subject to FAA regulations. At this time, the Public Hearing was closed. MOTION: Commissioner Chiniaeff moved to deny the appeal and include a condition in the CUP that requires that the applicant to include an emergency ladder that goes over the parapet and down the side. Commissioner Olhasso seconded the motion and voice vote reflected unanimous approval. N PC RESOLUTION NO. 2004-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF THEPLANNING DIRECTOR'S DECISION TO APPROVE PLANNING APPLICATION NO. PA02-0478 — A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A PRIVATE ROOFTOP HELIPORT ON AN EXISTING INDUSTRIAL BUILDING LOCATED AT 42580 RIO VEDO KNOWN AS ASSESSOR'S PARCEL NO. APN 909-290-029 Principal Planner Principal Planner Hazen presented a staff report (of record), noting the following: • That the proposed project is a request for a three-story mixed use office/retail building. • That the building design conforms to the Old Town Specific Plan, Old Town Western architectural style guidelines; • That feature styling such as vertical cedar siding, corrugated metal roofs, wood trimmed windows, wood picket railings, wood column posts, and decoraiiive building light fixtures will be incorporated; • That the applicant has also incorporated staff's request to add windows and storefronts along the rear facing the creek and to add a storefront entrance and shed roof dormers over the lower windows along the alley to help maintain the pedestrian scale of the alley; RAMinutesPC\061604 11 0 That the proposed project as conditioned is consistent with the current and proposed amended Old Town Specific Plan; that three-story buildings in iihe Tourist Retail Core (TRC) are recommended in the proposed amended Specific Plan (SP), and the project is contingent upon City Council approval of the SP amendment or this particular request (whichever occurs first); and that the Old Town Local Review Board reviewed the application and unanimously recommended Planning Commission Approval. For Commissioner Olhasso, Deputy Director Parks relayed that the walking path for the Murrieta Creek trail will be completed in 2 to 3 years and that the Army Corp. of Engineer will be planning on beginning design work of the facility in October 2004. Commissioner Olhasso expressed excitement with the new investment in Old Town. For Commissioner Chiniaeff, Mr. Hogan relayed that the Specific Plan does not require on -site parking; that the applicant will be providing the absolute minimum on -site parking for their tenant needs; that in addition, the applicant will be construction two parallel parking spaces in the 5th street right-of-way; and that the City is currently exploring locations to establish interim parking facilities as well. At this time, the Public Hearing was opened. Mr. Lon Bike, representing Architectural Team 3, relayed that the applicant concurs with the Conditions of Approval. At this time, the Public Hearing was closed. MOTION: Commissioner Olhasso moved to approved staff's recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO.2004-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0535, A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT AN 18,808 SQUARE FOOT 3-STORY OFFICE/RETAIL BUILDING, LOCATED ON THE SOUTH SIDE OF FIFTH STREET, APPROXIMATELY 120 FEET WEST OF FRONT STREET; KNOWN AS ASSESSOR PARCEL NOS. 922- 035-033,017, AND 019 At this time, the Planning Commission took a five minute break. RAMinutesPCt061604 12 p7 supplemental design standards, modify the Land Use Map, update the Local Review Board's responsibilities, and delete the original implementation program Principal Planner Hogan presented a comprehensive amendment and update to the Old Town Specific Plan (OTSP); relaying that staff has been working with Development Processing Coordinator Noland and the Old Town Local Review Board for the past year on the revision of the Old Town Specific Plan (OTSP), the following are some of the changes to the Land Use Map: • That the Union 76 Service Station at the southeast corner of Rancho California Road and Old Town Front Street into the Highway Tourist Planning Area in the Specific Plan was added; • That moving the boundary, adjustment between the Highway Tourist Commercial and Community Commercial Planning Area to shift two parcels from the highway Tourist to Community Commercial area; and that these two lots are oriented toward the Core of Old Town; • That the Tourist Retail Core (TRC) will be expanding northward to include the shopping center immediately north; • That the Community Commercial Tourist Support District will be deleted at the southern end of Old Town; • That the Old Town Local Review Board recommended merging the Tourist Servicing Residential (TSR) Planning District into the Tourist Retail Core (TRC) Planning District; so staff recommends residences east of Mercedes Street be designated or permitted uses which will allow residences to stay and expand, and in an event of a fire, will allow residences to replace a residence; • That the proposed Specific Plan amendment will locate all the historic preservation and Old Town Local Review Board provision into a single chapter of the plan; • That the permitted use matrix has been updated; • That adjustments have been made to the mixed use provisions; • That staff formalized the elimination of a parking standard in the Specific Plan; That staff is recommending that all the buildings in the Tourist Retail Core be allowed to build up to three -stories; RAMinutesPC\061604 13 • That additional design standards were added such as Public Art, Outdoor Dining and Sidewalk Furniture and Umbrellas, Pocket Parks, and Advertising and sign Design Guidelines; • That Shift Historic structure "O" one lot to the northeast; that this structure was shifted onsite as part of a larger housing project; • That building "B" has been added to the historic preservation list; • That building "M" (Delgado House); that there have been issues raised by the home owners in regards to the year of the Delgado House; and that staff will be sending a building inspector out to determine whether it is 1920s or 1940s. For Commissioner Chiniaeff, Mr. Hogan noted that a new parking structure is currently being explored. For Commissioner Olhasso, Mr. Hogan relayed that the Specific Plan (SP) has specific standards to allow both office and residential over retail or in some cases it could also be allowed behind it; that the original specific plan envisioned above but that the current plan would envision behind as well. For Commissioner Mathewson, Mr. Hogan relayed that there have been discussions about establishing a 3`d parking lot as an interim parking lot, prior to constructing a parking structure near Mercedes Street and Main Street. Director of Planning Ubnoske further clarified that with the Theater opening in the summer of 2005, staff would anticipate that there would be an increased demand for parking; and that currently staff is seeking areas for surface parking. Commissioner Olhasso suggested that a parking study be performed in Old Town. Commissioner Guerriero gave thanks to the Old Town Local Review Board and staff for an outstanding job with the revised Specific Plan. At this time, the Pubic Hearing was opened. Mr. Otto Baron, Temecula resident noted the following concerns: • That Director of Redevelopment Meyer had six (6) buildings in Old Town demolished; • Queried on why Mercedes Stress is considered part of the Tourist Retail Core; noting that he has had a tourist business at 4th and Mercedes and he would desire to see tourist -type businesses near his store but that the City has been discouraging businesses from expanding. RAMinutesPC\061604 14 At this time, the Public Hearing was closed. COMMISSION DISCUSSION Commissioner Chiniaeff gave kudos to the Old Town Local Review Board and staff for a great job with the Specific Plan. MOTION: Commissioner Chiniaeff moved to recommend that the City Council approve the Old Town Specific Plan and addendum to the plan. Commissioner Guerrkro seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO.2004-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THT THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVE A COMPREHENSIVE UPDATE OF THE OLD TOWN SPECIFIC PLAN (PLANNING APPLICATION NO.03-0518) COMMISSIONER'S REPORT Commissioner Guerriero commented on the newspapers racks in front of the post office noting that they are unsightly and requested that Assistant City Attorney Curley explore this issue. Commissioner Mathewson relayed that he has driven through Harveston Community and expressed excitement with the new community. For Commissioner Mathewson, Director of Planning Ubnoske relayed that she is of the opinion that the median on Rancho California Road will be landscaped. Commissioner Chiniaeff noted that he would prefer to have a real location map with staff's report versus what is currently being used. PLANNING DIRECTOR'S REPORT Ms. Ubnoske noted that the Black Angus is having problems with the wiring in their water fountain; that in regard to banner signs on the rear side of Bel Villagio, the dental sign is a valid permit until through June 23, 2004, the Help-U-Sell and Music Time fare both illegal banners, balloons at the EXXON Mobile when checked there were no balloons, a notice violation was issued to the Shell Station in regard to painting, deletion of handicap parking stalls, and graffiti on the gas pumps. R:\MinutesPC\061604 15 Ms. Ubnoske also relayed that at the next meeting she will be bringing forward a report in regard to Code Enforcement; and that the two new planners have started working; and that the Meadow Village redesign plan will be coming forward soon. ADJOURNMENT At 8:40 p.m., Chairman Telesio formally adjourned this meeting to the next regular meeting to be held on Wednesday. July 7, 2004 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Telesio Chairman Debbie Ubnoske Director of Planning RAMinutesPC\061604 16 ATTACHMENT NO.3 PLANNING COMMISSION MINUTES JUNE16,2004 RADevelopment Code\04-0297 Amendment\Staff Report CC.doc 10 ATTACHMENT NO 4 PLANNING COMMISSION STAFF REPORT JUNE 16,2004 RADevelopment Code\04-0297 Amendment\Staff Report CC.doc 11 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION JUNE 16, 2004 ORIGINAL_ Planning Application No. PA04-0297 (Development Code Amendment) Prepared By: Matthew Harris, Associate Planner PC RESOLUTION NO.2004-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND MAKE OTHER MINOR CHANGES" BACKGROUND A Conditional Use Permit (CUP) application was submitted for a private heliport in the Light Industrial zone (42580 Rio Nedo). The CUP was approved by the Planning Director at the October 9, 2003 Directors Hearing and subsequently appealed by Councilman Jeff Stone. The justification for the appeal indicated that the proposed rooftop heliport raises many important land use issues which should be considered by the City Council including public safety and land use compatibility. Councilman Stone was concerned that no criteria currently exists within the Development Code to specifically analyze these types of facilities. In an effort to respond to the appeal and to prepare special standards, staff surveyed sixteen local jurisdictions to determine if they had regulations pertaining to private heliports. Nine of the jurisdictions had regulations (see Attachment No. 4). The regulations varied widely in scope and detail. Based on these regulations and discussions with the State Aeronautics Division, staff has drafted proposed development standards specifically for private heliport facilities which would be incorporated into the Development Code. None of the standards are mandated by the State. 'The proposed Development Code amendment would make the following changes to the Development Code: • Amend Section 17.08.030 to authorize private heliports in the Professional Office zone as a conditional use. • Amend Section 17.08.030 to authorize private heliports for hospitals only in the Community Commercial (CC), Highway Tourist Commercial (HTC) and Service Commercial (SC) zones. • Create siting and design criteria in Section 17.10 applicable to all private heliports. • Create a supplemental approval finding specific to private heliport facilities. RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc Add the following definitions to Section 17.34.010: Helicopter, Private Heliport, Private Heliport for Hospital and Touchdown Liftoff Area. ANALYSIS Development Code Section 17.08.030 allows heliports as a conditional use in the Business Park (BP) and Light Industrial (LI) zones. Moreover, Section 17.12.030 allows heliports as a conditional use in the Public Institutional (PI) zone. Currently, heliports are subject to the general development standards of a particular zoning district and the general conditional use permit and development code findings to be approved. The City's conditional use permit process includes transmittal of a proposed heliport facility to the Riverside County Airport Land Use Commission which evaluates conformance with airport land use plans and land use compatibility. Upon approval of a conditional use permit at the local level, an applicant must obtain an airspace determination from the Federal Aviation Administration which confirms that proposed flight paths will not conflict with existing paths. Finally, the applicant must obtain a permit from the State Aeronautics Division which reviews the design and location of the facility relative to surrounding hazards such as tall buildings. The Aeronautics Division also undertakes a final inspection of the facility to ensure compliance with applicable design standards. Heliports in Expanded Areas of the Citv Staff believes the popularity of and need for private heliports may expand in the future given the ewer increasing constraints on the regional transportation system. Given this potential increase, staff recommends that private heliports also be allowed in the Professional Office (PO) zoning district as a conditional use to better serve business owners and executives. Moreover, staff recommends that private hospital heliports also be allowed as a conditional use in the Community Commercial (CC), Highway Tourist Commercial (HTC) and Service Commercial (SC) zones so as to better accommodate a potential hospital facility in these areas of the City. Specific Development Standards and Approval Findings In addition authorizing private heliports as a conditional use in the Professional Office zone and allowing private heliports for hospitals only in the CC, SC and HTC zoning districts, staff has also drafted siting and design criteria which address the following: • Prohibiting the siting of private heliport facilities within 1,000 feet of existing or designated schools, public parks and existing and future assembly facilities having 500 persons or more seating capacity. (These requirements would serve to prohibit future uses such schools, churches and other large assembly uses on property within 1,000 feet of existing approved heliport facilities). • Prohibiting the siting of the heliport's touchdown liftoff area within required yards nor within ten (10) feet of property lines. • Requiring that the touchdown liftoff area be surfaced with appropriate materials and ensuring that lighting used for nighttime operations does not adversely impact adjacent residen-,es. • Prohibiting the siting of the touchdown liftoff area within twenty-five (25) feet of roof openings and exits. RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc • Requiring that flight operations only occur between the hours of 7:00 am and 7:00 pm weekdays except for emergency medical flights and requiring a Temporary Use Permit to operate on Saturdays and Sundays. Other Changes In order to better interpret the proposed Development Code provisions three definitions should be added to the Development Code including Helicopter, Private Heliport, and Touchdown/LiftoffAre:a. ENVIRONMENTAL DETERMINATION The proposed amendment to the Municipal Code would create specific development standards and approval criteria for private heliports. However, proposed amendments would not directly allow the construction of the heliport facilities. Therefore, the proposed changes to the Municipal Code will not have an effect on the physical environment as described in the questions contained in the Initial Environmental Study. When a specific application for a private heliport is filed with the City, a determination will be made at that time as to the type of environmental review that is required to comply with the provisions of the California Environmental Quality Act. Therefore, this amendment to the Municipal Code is exempt from environmental review pursuant to Section 15061(b) (3) of the CEQA Guidelines given that the project has no potential for causing a significant effect on the environment. ATTACHMENTS 1. PC Resolution 2004-_ — Blue Page 4 2. Draft Ordinance — Blue Page 7 3. Initial Environmental Study — Blue Page 12 4. List of Jurisdictions Surveyed — Blue Page 13 RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc ATTACHMENT NO. 1 PC RESOLUTION NO. 2004 RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc PC RESOLUTION NO.2004-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND MAKE OTHER MINOR CHANGES" PLANNING APPLICATION NO. PA04-0297 WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a address anticipated private heliport facilities associated with those uses; and need to amend the adopted Development Code to and the need for special development standards WHEREAS, the Planning Commission, at a regular meeting, considered the amendment on June 16, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff ,and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recommendation of Approval. That the City of Temecula Planning Commission hereby recommends that the City Council approve the ordinance of the City Council of the City of Temecula amending Title 17 of the Temecula Municipal Code, substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Compliance. The proposed Municipal Code Amendment will not directly allow the construction of heliport facilities. The Planning Commission hereby finds that this amendment to the Temecula Municipal Code will not directly allow the development of heliport facilities and therefore will not have an effect on the physical environment. Asa result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061(b) (3) of the California Environmental Quality Act Guidelines given that the project has no potential for causing a significant effect on the environment. RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 161" day of June, 2004. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16'h day of June, 2004, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc f ATTACHMENT NO.2 DRAFT ORDINANCE R1D P\2002\02-0478 Private Helipad\STAFFRPT PC.doc ORDINANCE NO. 04-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND TO MAKE OTHER MINOR CHANGES (PLANNING APPLICATION NO. PA04-0297) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the Planning Commission held a duly noticed public hearing on June 16, 2004, and recommended that the City Council approve the attached amendments to the City Municipal Code; WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on June 16, 2004 to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Table 17.08.030 to add the following uses: Description of Use NC CC HT SC PO BP LI Private Heliport C C C Private Heliport for Hos ital C C C C C C Section 2. The City Council of the City of Temecula hereby amends Chapter 17.10 adding Subsection P to read as follows: "P: Private Heliports Conditional Use Permit Required. A Conditional Use Permit approved by the planning commission shall be required for all private heliports. All conditional use permits for heliports shall comply with the requirements of Section 17.04.010. Siting and Design Criteria. All private heliports shall comply with the following requirements: a. Heliports shall not be located within 1,000 feet (measured from structure to structure) of an existing or designated public or private primary, secondary or high school. RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc b. Heliports shall not be located within 1,000 feet of an existing or proposed public park (measured property line to property line). C. Heliports shall not be located within 1,000 feet (measured structure to structure) of an existing or future assembly facility having 500 persons or more seating capacity. Private heliports associated with hospitals shall be exempt from this requirement. d. The Touchdown Liftoff Area shall not be located within any required yard area and in no circumstance shall it be located within ten (10) feet from all property lines. In addition, a one -hundred (100) foot setback shall be achieved from adjacent residentially zoned properties. e. The Touchdown Liftoff Area may be required to be surrounded by a fence or wall at least four feet high and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the rotor blades. f. The Touchdown Liftoff Area shall be surfaced with material that will be free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter. g. Any lighting used for nighttime operations shall be directed away from adjacent residences. 3. Requirements for Rooftop Heliports. Rooftop heliport facilities shall also comply with the following standards. a. No roof openings shall be permitted within twenty-five (25) feet of the Touchdown Liftoff Area. b. Rooftop exits shall not be located within twenty-five (25) feet of the Touchdown Liftoff Area. C. Rooftop heliport facilities shall be constructed in accordance with the City Building and Fire Code requirements in addition to applicable State and Federal heliport design standards and regulations. 4. Required Finding: A Conditional Use Permit may be approved only if the following finding is made: a. The heliport is in compliance with the requirements described in Subsections 2 and 3. 5. Operational Requirements. a. Flight operations associated with private heliports shall only take place during the hours of 7:00 am and 7:00 pm weekdays except for emergency medical service flights. The hours of operation for non -lighted facilities shall be limited to the hours between sunrise and sunset. The intermittent use of helicopters on Saturdays and Sundays and outside of specific operating hours may be allowed subject to an approved Temporary Use Permit. b. The Touchdown Liftoff Area shall remain free of free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter. 6. Periodic Review. A biennial monitoring report shall be submitted by the applicant. The monitoring report for each two year period shall be submitted within forty-five days of the end of each reporting period. The biennial report shall include data on the types of helicopters RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc using the facility, hours of operation, performance standards, number of monthly flights and any other necessary data. All monitoring reports shall be submitted to the Planning Commission for review. The modification or revocation of the conditional use permit shall comply with the provisions of Section 17.04.010.1. Section 3. The City Council of the City of Temecula hereby amends Section 17.34.010 by adding the following definitions: "Helicopter" means a rotary wing aircraft which depends for its support and motion in the: air principally upon the lift generated by one or more power -driven rotors that rotate on a substantially vertical access. "Private Heliport" means a landing area used to take off or land private helicopters for the purpose of picking up and discharging passengers, cargo or medical emergency passengers and do not include fueling or service facilities. The use of the heliport shall be accessory and incidental to the primary use of the property. Private heliports do not include facilities for regularly scheduled commercial operations such as commuter passenger service. 'Private Heliport for Hospital' means a landing are used to take off or land helicopters for the purpose of picking up and discharging medical emergency passengers. The use of the heliport: hall be accessory and incidental to an existing hospital facility. "Touchdown Liftoff Area (TLOF)" means the area of the heliport where the helicopter lands on and takes off from." PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of June 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc 10 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 the foregoing Ordinance No. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of June, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the _ day of June, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc 11 ATTACHMENT NO.3 INITIAL ENVIRONMENTAL STUDY RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc 12 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Development Code Amendment — Conditional Use Requirements for Private Heliport Facilities(Planning Application 04-0297 Lead Agency Name and Address City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Contact Person and Phone Number Matthew Harris, Associate Planner (909) 694-6400 Project Location City of Temecula, in Southwest Riverside County. Project Sponsor's Name and Address City of Temecula General Plan Designation Not applicable Zoning Not applicable Description of Project The proposed project is a text amendment to the Development Code (Title 17 of Municipal Code) that would establish specific development standards for private heliport facilities. Generally, the Amendment would make the following changes: • Define Helicopter, Landing/Takeoff pattern, Private Heliport and Touchdown/Liftoff area; • Create Supplemental Heliport Development Standards in Section 17.10 of the City Development Code applicable to all private heliports; • Authorize private heliports in the Professional Office zone as a conditional use; • Authorize private heliports for hospitals only as a conditional use in the Community Commercial (CC), Highway Tourist Commercial (HTC) and Service Commercial (SC) zones. Surrounding Land Uses and Settin Cit ideapplicability Other public agencies whose approval None is required RAID P\2002\02-0478 Private Helipad\Initial Study.doc Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. Land Use Planning Hazards Po ulation and I-Iniming Noise Geologic Problems Public Services Water Utilities and Service Systems Air Quality Aesthetics Trans ortation/Circulation Cultural Resources Biolo ical Resources Recreation Energy and Mineral Resources Mandatory Findings of Significance I None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project will result in no changes to the physical environment and is exempt ✓ pursuant to Section 15061 b 3 of the CEQA Guidelines. I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately ;analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed pr9ject, nothing further is required. &' n Signature C T t awy,] S Printed name RAD P\2002\02-0478 Private Helipad\Initial Study.doc 1. Land Use and Planning. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources PP g Significant Impact Mitigation Incorporated Signiticart Impact No Impact a. Physically divide an established community? b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigation an environmental effect? C. Conflict with any applicable habitat conservation plan or natural communityconservation Ian? Comments: No Impact. The project is applicable ity wide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. 2. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources PP g Significant Impact Mitigation Incorporated Significant Im act No act Impact a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Comments: No Impact. The project is applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. 3. GEOLOGY AND SOILS. Would the project? Potentially Issues and Supporting Information Sources pP g Potentially Significant Impact Significant Unless Mitigation Incorporated Less Than Significant Im act No Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii Stron seismic round shaking? R:\D P\2002\02-0478 Private Helipad\Initial Study.doc iii Seismic -related ground failure, including liquefaction? ✓ Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or riv that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soil incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: No Impact. The project is applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. 4. HYDROLOGY AND WATER QUALITY. Would the project? Potentially Potentially Significant Less Than Issues and Supporting Information Sources PP g Significant Impact Unless Mitigation Significant Impact No Impact Incorporaled a. Violate any water quality standards or waste discharge re uirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of olluted runoff? f. Otherwise substantially degrade water quality? g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? PAD P\2002\02-0478 Private Helipad\Initial Study.doc h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? ✓ i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a ✓ result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? ✓ Comments: No Impact. The project is applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. 5. AIR QUALITY. Would the project? Potentially Potentially Significant Unless Less Thai Issues and Supporting Information Sources Pp g Significant Impact Mitigation Incorporated Significant impact No impact a. Conflict with or obstruct implementation of the applicable ✓ air quality plan? b. Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient ✓ air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors? d. Expose sensitive receptors to substantial pollutant ✓ concentrations? e. Create objectionable odors affecting a substantial number ✓ of people? Comments: No Impact. The project is applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. A private heliport facility will serve to reduce automotive trips and associated air emissions. 6. TRANSPORTATION/TRAFFIC. Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Pp g Significant Impact Mitigation Incorporated Significant Im ad No Impact a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in ✓ either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion ✓ management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either ✓ an increase in traffic levels or a change in location that RAD P\2002\02-0478 Private Helipad\lnitial Study.cl c results in substantial safety risks? d. Substantially increase hazards due to a design features (e.g., sharp curves, dangerous intersections ? e. Result in inadequate emergency access? f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks? Comments: No Impact. The project is applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. A private heliport facility will serve to reduce automotive trips and associated traffic congestion. 7. BIOLOGICAL RESOURCES: Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources PP g Significant Impact Mitigation Into Simpcart impact m ad No Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? C. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? Comments: No Impact. The project is applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. R:\D P\2002\02-0478 Private Helipad\lnitial Study.doc 8. MINERAL RESOURCES. Would the project? Potenfially Potentially Significant Unless Less Than Issues and Supporting Information Sources PP g Significant Impact Mifigation Incorporated Significant Impact No Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use Ian? Comments: No Impact. The project is applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Impact Mitigation Incorporated Significant Impact No Impact Create a significant hazard to the public or the environment through the routine transportation, use, or dis osal of hazardous materials? Fb.a. Create a significant hazard to the public or the environment through reasonably foreseeable upset and ✓ accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation Ian? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? R:\D P\2002\02-0478 Private Helipacl Initial Study.doc Comments: No Impact. The project is a Development Code Amendment applicable citywide and is not site specific. An cnvtrnnmcntal rlatorminatinn will ha unriartaken anon anplication for a private heliport. 10. NOISE. Would the project result in? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Impact Mitigation Incorporated Sic Impact No Impact a. Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive roundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ro6ect? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the romect area to excessive noise levels? Comments: No Impact. The project is a Development Code Amendment applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. 11. PUBLIC SERVICES: Would the proposal have a substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Issues Supporting Information Sources Potentially Significant Significant Unless Mitigation Less Thin Significant No Impact and PP g Impact IncorDorated Im acl a. Fireprotection? b. Policeprotection? c Schools? d. Parks? e Other public facilities? Comments: No Impact. The project is a Development Code Amendment applicable citywide and is not site specific. An RAD P\2002\02-0478 Private Helipad\Initial Study.doc environmental determination will be undertaken upon application for a private heliport. 12. UTILITIES AND SERVICE SYSTEMS: Would the project? Potentially Potentially Significant Unless Less Thai Issues and Supporting Information Sources PP g Significant Impact Mitigation Incorporated Significant Impact No Impact Exceed wastewater treatment requirements of the a licable Regional Water Qualit Control Board? Require or result in the construction of new water or Fb.a. wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the ro'ect's solid waste dis osal needs? g. Comply with federal, state, and local statutes and regulations related to solid waste? Comments: No Impact. The project is a Development Code Amendment applicable citywide and is not site specific. An environmental determination will be undertaken u on application fora private heliport. 13. AESTHETICS. Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources PP g Significant Impact Mitigation Incorporated Significant Im ad No act Impact a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic building within a state scenic highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Comments: No Impact. The project is a Development Code Amendment applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. RAD P\2002\02-0478 Private Helipad\lnitial Study.doc 14. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources PP g Significant Impact Mitigation Incorporated Significant Impact No ad Impact a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5? C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Comments: No Impact. The project is a Development Code Amendment applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. 15. RECREATION. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources pp g Significant Impact Mitigation Incorporated Significant Impact No Impact act a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities ✓ which might have an adverse physical effect on the environment? Comments: No Impact. The project is a Development Code Amendment applicable citywide and is not site specific. An environmental determination will be undertaken upon application for a private heliport. It is not anticipated that private heliport facilities will increase the use of or need for recreational facilities. 16. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Potentially Significant Unless Less Thar. Issues and Supporting Information Sources PPortg Significant Impact Mitigation Incorporated Significant Impact No act Impact a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate im ortant examples of the major periods of RAD P\2002\02-0478 Private Helipad\Initial Study.doc 10 California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ro'ects, and the effects of probable future projects? C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: No Impact. The proposed amendment to the Municipal Code would create specific development standards and approval criteria for private heliports. Moreover, the amendment would authorize private heliports as a conditional use in the Professional Office (PO) zoning district and would authorize private heliports for hospitals with a conditional use permit within the Community Commercial (CC), Highway Tourist Commercial (HTC) and Service Commercial (SC) zones. The proposed amendments would not directly authorize an entitlement to construct any heliport facilities. The proposed changes to the Municipal Code will not directly have an effect on the physical environment as described in the questions contained in this Initial Environmental Study. When a specific application for a private heliport is filed with the City, a detEarmination will be made at that time as to the type of environmental review that is required to comply with the provisions of the California Environmental Quality Act. Therefore, this amendment to the Municipal Code is ewampt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines. 17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, prafram EIR, or other CE0A process, one or more effects have been adequately analyzed in an earlilar EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Comments: No earlier analysis has been utilized in association with this Initial Study. R:\D P\2002\02-0478 Private Helipad\Initial Study.doc 11 ATTACHMENT NO.4 LIST OF JURISDICTIONS SURVEYED RAD P\2002\02-0478 Private Helipad\STAFFRPT PC.doc 13 JURISDICTION HELIPAD REGULATIONS City of Burbank No City of El Segundo Yes City of Fresno No City of Irvine No City of La Verne No City of Lake Forest Yes City of Long Beach No City of Los Angeles Yes City of Oceanside Yes City of Pasadena No City of Sacramento Yes City of San Diego Yes City of Torrance Yes City of Westlake Village No County of Orange Yes Ci of Santa Ana Yes R:\D P\2002\02-0478 Private Helipad\STAFFRPT PC.doc 14 ITEM 19 APPROVAL,, CITY ATTORNEY Gf/�� DIR.OF FINANCE _ CITY MANAGER _ CITY OF TEMECULA AGENDA REPORT TO: Mayor/City Council Y,4� FROM: Peter Thorson, City AttorneyDATE: September 28, 2004 SUBJECT: Community Standards Preservation Ordinance RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 1 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER 1.24 - COMMUNITY STANDARDS PRESERVATION ORDINANCE BACKGROUND: Under the leadership of the City Council the City has grown in a beneficial and positive manner. There has been a substantial increase, which will continue, of development of the commercial, industrial, and residential sectors of the City. As the City matures there is always the potential that some properties will not operate or be maintained at the same high standards Temecula is noted for preserving. The City Council and City staff have successfully followed the strategy of preparing for eventualities before they occur. In the ongoing application of this practice the City's "tools" to enforce community property standards were evaluated. At present the City is appropriately equipped with a mechanism to enforce minor Municipal Code violations (the Administrative Citations Ordinance) and one to respond to very serious problems (the Nuisance Ordinance). The City's enforcement mechanisms lack a "mid -range" code enforcement tool that is tailored to respond to issues not serious enough to, as yet, involve judicial intervention via court filing but of a nature that eclipses a minorfine. The Community Standards Preservation Ordinance provides a formal, albeit non -judicial, enforcement process where owners who ignore the City's codes will be issued warnings to correct the problem coupled with notice of substantial economic penalties that will apply if the corrective actions are not completed in a reasonable time. The fines can total up to $2,500.00 per violatiDn, per day, with an annual maximum of $100,000.00 of fines. This fee/penalty structure is intended to be substantial enough to induce voluntary compliance without requiring penalties or later judicial R:/Agenda Reports/Community Standards Preservation 9 28 involvement. The ordinance includes the City's ability to place a lien upon the property to collect the penalties. This mechanism would be invoked only in the event a person who has been found to be in violation of the City codes and who has refused to voluntarily correct the violations then also refuses to pay the penalties imposed upon such owner. The ordinance provides for the right of an owner to appeal the finding of violation or the fine, or both, and no penalty will be imposed upon the owner until the appeal process is completed. The appeal may be heard by a third party hearing officer in an effort to ensure that the process is viewed as being fair and unbiased; alternatively, the City could utilize senior officials for this role. We believe this mid -level enforcement mechanism will round out the City's code enforcement "tools" and so will ensure that the citizens expectations that Temecula's high standards are maintained and can be fairly and efficiently carried out. FISCAL IMPACT: None ATTACHMENT: Ordinance R:/Agenda Reports/Community Standards Preservation 9 28 ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 1 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER 1.24 — COMMUNITY STANDARDS PRESERVATION ORDINANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Title 1 of the Temecula Municipal Code is hereby amended, by the addition of a new Chapter 1.24, which shall read, in words and figures, as set forth on Attachment 1 hereto. Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage ;and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 121h day of October, 2004. Michael S. Naggar Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RJOrds 2004/Ords 04- 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. 04-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 281" day of September, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 121h day of October, 2004 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2004/0rds 04- ATTACHMENT Community Standards Preservation Ordinance 1.24.010 Scope: Chapter 1.24 Title 1 governs the administrative assessment of civil penalties for violations of the Temecula Municipal Code ("TMC") and applicable state codes so as to ensure the City's community standards are preserved for the beneficial enjoyment of all citizens. 1.24.020 Purpose and Intent a) The Council finds that there is a need for alternative methods of enforcement of the Temecula Municipal Code and applicable state codes. The Council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary additional method of code enforcement which will augment the City's existing ode enforcement remedies. b) The administrative assessment of civil penalties established in this Chapter is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the municipal code or applicable state codes. 1.24.030 Authority a) Any person violating any provision of the municipal code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this Chapter. b) Each and every day a violation of any provision of the municipal code or applicable state code exists constitutes a separate and distinct violation for which remedy shall be sought by the City. c) Civil penalties may be directly assessed by means of a Notice and Order issued by the City Manager or his designee. Civil Penalties may be recovered by assessment of a Code Enforcement Lien pursuant to Temecula Municipal Code Section 8.16.080 ,and related sections. d) Civil penalties for violations of any provision of the municipal code or applicable state codes shall be assessed at a daily rate determined by the "City Manager' or his designee or Enforcement Hearing Officer pursuant to the criteria listed in Section 1.24.050 of this Chapter. The maximum rate shall be $2,500 per violation. 'The maximum amount of civil penalties shall not exceed $100,000 annually per parcel or structure for any series of violations. e) The City has the authority to record a lien against the owner's property for failure to pay the civil penalties levied against the premises. RJOrds 2004/Ords 04- 1.24.040 Procedures -Notice and Order a) Whenever the City Manager or designee determines that a violation of one or more provisions of the municipal code or applicable state code has occurred or continues to exist, a written civil penalties Notice and Order may be issued to the Responsible Person. b) The Notice and Order shall refer to all code sections violated and describe, in reasonable detail, how each section is being violated. c) The Notice and Order shall refer to the dates and locations of the violations. d) The Notice and Order shall describe all remedial action required to permanently correct outstanding violations and establish time frames for completion. e) The Notice and Order shall establish a daily amount of civil penalties. The City Manager or designee shall determine the daily amount of civil penalties pursuant to the criteria in this Chapter. f) The Notice and Order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the Notice and Order until the violations are corrected. g) If the City Manager or designee determines that the violations are continuing, the Notice and Order shall demand that the Responsible Person cease and desist from furl:her action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City Departments. h) The Notice and Order shall enumerate any other consequences should the Responsible Person fail to comply with the terms and deadlines as prescribed in the Notice .and Order. i) the Notice and Order shall identify appropriate hearing procedures as required by Section 1.21 of the Temecula Municipal Code. j) The Notice and Order shall be served upon the responsible Person by any one of the methods of service listed in Section 1.21 of the Temecula Municipal Code. k) The Notice and Order shall identify the factors used by the City Manager or designee in determining the duration and the daily amount of civil penalties. 1) More than one Notice and Order may be issued against the same Responsible Person if it encompasses either or both different dates, different violations, or different parties responsible for the violation. 1.24.050 Determination of Civil Penalties a) In determining the date when civil penalties started to accrue, the City Manager or designee may consider the date when the City first discovered the violations as evidenced by the issuance of a Notice of Violation or any other written correspondence. RJOrds 2004/Ords 04- b) The assessment of civil penalties shall end when all action required by the Notice and Order has been completed. c) In determining the amount of the civil penalty to be assessed on a daily rate, the City Manager or designee may consider some or all of the following factors: 1) The duration of the violation. 2) The frequency or recurrence of the violation. 3) The seriousness of the violation. 4) The history of the violation. 5) The Responsible Person's conduct after issuance of the Notice and Order. 6) The reasonable and good faith effort by the Responsible Person to comply. 7) The economic impact of the penalty on the Responsible Person. 8) The impact of the violation upon the community. 9) Any other factors that justice may require. d) The City Manager has the authority to establish a penalty schedule to use as a guideline in determining the amount of civil penalties to be assessed in each individual case. The City Manager shall also establish criteria and procedures for the application of this penalty schedule. 1.24.060 Administrative Costs The Enforcement Hearing Officer is authorized to assess any and all reasonable administrative costs. Administrative costs may include scheduling and processing of the hearing, staff and consultant time and materials and all subsequent actions. 1.24.070 Failure to Comply with Director's Notice and Order The City Manager shall appoint an Enforcement Hearing Officer, which may be a third parry, and to establish a date, time and place for the civil penalties hearing in accordance with the Temecula Municipal Code when the Responsible Person fails to comply with the terms of the Notice and Order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the municipal code or applicable state codes. 1.24.080 Civil Penalties Hearing a) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Section 1.21 of the Temecula Municipal Code. All Enforcement Hearing Officers, including a third party Enforcement Hearing Officer, shall follow these regulations and procedures and the requirements of this Chapter. RJOrds 2004/Ords 04- b) The Enforcement Hearing Officer shall only consider evidence that is relevant to the following issues: (1) whether the Responsible Person has caused, suffered, condoned, or maintained a violation of the municipal code or applicable state code that existed on the dates specified in the Notice and Order; and (2) whether the amount of civil penalties assessed by the City Manager or designee pursuant to the procedures and criteria outlined in Section 1.21 was reasonable. 1.24.090 Administrative Enforcement Order a) Once all evidence and testimony are completed, the Enforcement Hearing Officer shall issue an Administrative Enforcement Order which affirms or rejects the City Manager or designee's Notice and Order or which modifies the daily rate or duration of the civil penalties depending upon the review of the evidence. The Enforcement Hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the City Manager or designee's Notice and Order. b) The Enforcement Hearing Officer may issue an Administrative enforcement Order that requires the Responsible Person to cease from violating the Municipal Code or applicable state codes and to make necessary corrections. c) As part of the Administrative Enforcement Order, the Enforcement Hearing Officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessment of civil penalties on the Responsible Person's ability to complete compliance by specified deadlines. d) The Enforcement Hearing Officer may issue an Administrative Enforcement Order which imposes additional civil penalties that will continue to be assessed until the Responsible Person complies with the Hearing Officer's decision and corrects the violation. e) The Enforcement Hearing Officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the Administrative Enforcement Order. 1.24.100 Failure to Comply With The Administrative Enforcement Order a) Upon the failure of the Responsible Person to comply with the terms and deadlines set forth in the Administrative Enforcement Order, the City Manager or designee may usE all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the Administrative Enforcement Order. The City shall consider and, when desirable, utilize the imposition of a lien upon the Responsible Persons' real property that is the subject matter of the Administrative Enforcement Order to secure recovery or collection of the civil penalties, administrative costs and costs related to the proceedings authorized by this Chapter. b) After the Enforcement Hearing Officer issues an Administrative Enforcement Order, the City Manager or designee shall monitor the violations and determine compliance. RJOrds 2004/0rds 04- DEPARTMENTAL REPORTS APPROVAL CITY ATTORN EY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City o cil FROM: Debbie Ubnosk , Director of Planning DATE: September 28, 2004 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department. CURRENT PLANNING ACTIVITIES New Cases The Division received 72 new applications for administrative, other minor cases, and home occupations and 8 applications for public hearings during the month of July. The new public hearing cases are as follows: DEVELOPMENT PLAN 4 CONDITIONAL USE PERMITS 3 TENTATIVE TRACT MAP 1 Status of Major Projects Recently Approved Projects • Verizon Wireless Facility —An Administrative Development Plan to mount six antennas on three sides of the existing Saturn dealership building located at 27430 Ynez Rd. This project was granted administrative approval on August 9, 2004. (PA04-0455 — PETERS) Calvary Baptist Church Addition — A Conditional Use Permit to construct the proposed expansion of the existing church facility with a 12,610 square foot addition. This addition involves the expansion of the vestibule & sanctuary, the addition of new classrooms, restrooms, a kitchen, and multi -purpose room. The site is located at 31087 Nicolas Road at Calle Colibri off of Nicolas Road. A second DRC was held September 18, 2003. Revised plans were submitted on February 12, 2004. A DRC Meeting was held on March 11, 2004. Revised plans were RAMONTHLY.RPT\2004\8-2004 Report.doc submitted the first week of June. The application was approved at the August 4, 2004 Planning Commission meeting. (PA02-0661 — HARRIS) • Margarita Square — a Development Plan to construct an 11,734 square foot multi -tenant retail building on 1.60 acres located at the northeast corner of Highway 79 South and Margarita Road. This project was granted administrative approval on August 30,2004. (PA04-0190- PETERS) Exxon — A request for a Minor Conditional Use Permit for the sale of beer and wine from an existing building located at 4520 Bedford Court. The application was submitted on October 23, 2003. Staff initially requested that the applicant withdraw the application due to the project site's proximity to a church on La Paz Street. Subsequent to this, staff changed the department policy for measuring distance requirements. The project was approved at the August 18, 2004 Planning Commission hearing. (PA03-0609 — FISK) • Johnson Family Daycare — A Minor Conditional Use Permit to establish and operate a Large Family Daycare Home Facility for up to fourteen children within an existing single-family home located at 43008 Corte Cabrera. The application was submitted on April 22, 2004 and was approved at the August 12, 2004 Director's Hearing. (PA04-0293 — Fisk) Ridge Park Office TPM — A Tentative Parcel Map to subdivide a 4.88 acre parcel into three parcels with a minimum lot size of 1.52 acres, located on Ride Park Drive, south of Ridgegate Drive. A Development Plan for 3 office buildings was recently approved for this site and the proposed Parcel Map is for financing purposes. The application was submitted on May 27, 2004. This item was approved at the September 9, 2004 Director's Hearing. (PA04-0374 — KITZEROW) TTM 31898 - A Tentative Tract Map to subdivide 14.1 acres into 125 single-family lots with a minimum lot size of 3,000 square feet located within Planning Area 7 of the Wolf Creek Specific Plan. The project was submitted on October 23, 2003. A DRC meeting was held on Januani 8, 2004. A DRC letter was mailed to the applicant on January 13, 2004. The application was resubmitted. Staff recently completed a review of the project and provided comments to the applicant. TCSD comments regarding trash enclosures may require a minor redesign. This item was approved by the Planning Commission on August 18, 2004. (PA03-0604 — KITZEROW) • Big Horse Feed — A Development Plan to construct an 8,000 square foot shade structure/hay barn located at 33320 Highway 79S. The Fire Department processed a proposed amendment to the fire code exempting agricultural buildings from the requirement to sprinkler the structure. This amendment was adopted by the City Council on July 27, 2004 and became effective on August 10, 200. Staff is issued an approval September 13, 2004. (PA 04-0090 — PAPP) • WinCo Foods — A request for a Conditional Use Permit and findings of Public Convenience: or Necessity for the sale of beer, wine and spirits from an existing building located at 40435 Winchester Road. (Old Costco building). The application was submitted on April 23, 2004 and staff is currently reviewing the application. The project was approved at the September 15, 2004 Planning Commission hearing. (PA04-0299 — FISK) • Harveston Neighborhood 6 Tentative Tract Map — A Tentative Tract Map to subdivide 4.7 acres into attached residential condominiums located within the Neighborhood 6 of the Harveston Specific Plan. The application was submitted on February 4, 2004. A DRC meeting was conducted on June 24, 2004. The item was approved at the September 9, 2004 Director's Hearing. (PA04-0078 — HARRIS) RAMONTHLY.RPT2004\8-2004 Report.doc Harveston Neighborhood 12 Tentative Tract Map A Tentative Tract Map to subdivide 5.6 acres into 93 attached residential condominiums located within Neighborhood 12 of the Harveston Specific Plan. The application was submitted on February 4, 2004. A DRC meeting was conducted on June 24, 2004. The item was approved at the September 9, 2004 Director's Hearing. (PA04-0080 HARRIS) Projects Under Review Commercial Cingular Wireless — A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of a 45-foot artificial mono -palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. The project was deemed incomplete in February 5, 2003. An Environmental Assessment is required per CEQA. Staff requested additional studies in order to complete the assessment and is completing an Initial Study. Staff has received revised plans that have been determined to be an acceptable design and has completed an initial study. Staff is currently preparing a staff report and conditions of approval. The project was approved at the April 21, 2004 Planning Commission Hearing. An appeal of the approval was filed by Valesta Ayer on May 5, 2004. Staff anticipates that the appeal will be scheduled for the October 12, 2004 (:ity Council meeting. (PA02-0717 — FISK) Butterfield Square —A Development Plan to redevelop Butterfield Square in Old Town, resulting in four two-story buildings totaling 22,048 square feet on 0.56 acres located on the southeast corner of Old Town Front Street and Third Street. The Applicant submitted plans on March 31, 2004. A DRC meeting was held on June 10, 2004. A DRC letter was sent to the applicant on July 13, 2004 and staff is currently awaiting submittal of revised plans. The applicant has indicated the plans will be resubmitted at the end of September or early October. (PA04-0231 — FISK) Meadows Village —A Development Plan, Vesting Tentative Parcel Map and two Conditional Use Permits (drive-thru and alcoholic beverage sales) to construct an 80,677 square foot commercial center consisting of seven buildings on 9.77 acres located on the southeast corner of Meadows Parkway and Rancho California Road. The applicant submitted plans on March 22, 2004 and staff is currently reviewing the proposed project. A neighborhood meeting was held on June 3, 2004. A DRC meeting was held on July 8, 2004 and a DRC letter was sent to the applicant on July 13, 2004. Revised plans were submitted on July 22, 2004. The project has been scheduled for the October 6, 2004 Planning Commission hearing. (PA04-0200, PA04-02D1, PA04-0202, and PA04-0203 — FISK) • Boys and Girls Club —A Pre -Application for a 5,520 square foot Boys & Girls club facility on 9.12 acres located within Kent Hinergardt Memorial Park. This application was submitted on August 31, 2004 and staff is currently reviewing the plans. (PR04-0013 — FISK) Church of Jesus Christ of Latter Day Saints — An appeal of an approved Conditional Use Permit/Development Plan was filed by the "Homeowners of Temecula" on June 2, 2004.The approval will permit the applicant to construct and operate a 24,119 square foot single story church located on the north side of Pauba Road, approximately 170 linear feet west of the centerline of Corte Villoso. The project was approved by the Planning Commission at the May 191h Planning Commission hearing. The appeal was heard by the City Council on September 14, 2004 and was continued for 30 days. (PA03-027 — HARRIS) RAMONTHLY.RPT2004\8-2004 Report.doc Creekside Plaza Circle K/Unocal —An Administrative Development Plan to construct, establish and operate a service station, full service car wash and retail store within the Creekside Plaza Shopping Center. The subject property is located at the southeast corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 31, 2004. The DRC meeting was held on June 3, 2004. The applicant requested another meeting to further discuss plan revisions. The meeting was held on June 16, 2004. The DRC letter was sent on June 17, 2004. Applicant resubmitted on August 6, 2004. Sent Td iteration of comments out on September 1, 2004. Staff is waiting for resubmittal. (PA04 - 0232 — DAMKO) Creekside Plaza Pads 4 & 5 — An Administrative Development Plan to construct, establish and operate two commercial buildings of 5,600 and 9,600 square feet respectively. The subject site is located at the southwest corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 12, 2004. The DRC meeting was held on June 3, 2004. 2"d iteration letter sent on August 9, 2004. Staff is waiting for response. (PA04 - 0170 — DAMKO) Roripaugh Town Center — A Specific Plan Amendment, General Plan Amendment, Conditional Use Permit and a Development Plan to design and construct approximately 171,200 square feet of commercial development, which include four major tenant buildings, six smaller freestanding buildings and inline shops on 20.2 acres. The project is located on the northeast corner of Nicholas Road and Winchester Road. Matthew Fagan Consulting Services submitted the application on July 24, 2003. A DRC meeting was held September 4, 2003. The project was resubmitted on November 12, 2003. Staff has reviewed the revised plans and at this time, the applicant has not complied with most of staff's initial comments, including: site layout, elevations, and pedestrian circulation. A Planning Commission subcommittee and Staff met with the applicant on March 29, 2004 to discuss the project. Staff sent a letter to the applicant on April 6, 2004, summarizing the issue's raised at the March 29, 2004 meeting. The applicant resubmitted plans on June 16, 2004. A DRC was held on July 22, 2004. Staff is currently reviewing revised plans. A tentative hearing date for October 20, 2004 has been scheduled. (PA02-0364 —Long) Creekside Plaza Del Taco— An Administrative Development Plan to construct, establish and operate a 2,260 square foot drive-thru restaurant on .69 acres. The subject property is located at the southeast corner of Highway 79 and Pechanga Parkway. The project was submitted on January 29, 2004. Staff provided a third DRC comment letter on August 26, 2004 and is awaiting resubmittal. (PA04 - 0057 — HARRIS) St. Thomas Episcopal Church — A Development Plan /Conditional Use Permit for a 16,983 square foot sanctuary and a 12,768 square foot parish hall with day care on 3.74 acres, located at 29132 Avendia de Missiones. This application was submitted on June 4, 2004. A DRC meeting was held on August 12, 2004. Staff is currently awaiting submittal of revised plans. (PA04-0394 — FISK) Penny Dome Office Building — a Development Plan to construct a 5,296 square foot office building on 0.18 acres located at 41888 4t" street. This application was submitted on August 11, 2004. A DRC meeting was held on September 9, 2004 and a DRC letter was sent to the applicant on September 13, 2004. The project went before the Old Town Local Review Bawd on September 13, 2004. Staff is currently waiting forthe submittal of revised plans. (PA04-0498 — FISK) • La-Z-Boy—A Development Plan to construct a 15,000 square foot building for La-Z-Boy on .94 acres at the corner of North General Kearney and Margarita Road. (APN 910-130-088). A DRC RAMONTHLY.RPT2004\8-2004 Report.doc meeting was held August 5, 2004. Staff is reviewing revised plans. Tentatively scheduled for October 20, 2004 Planning Commission. (PA04-0456 — PETERS) • Moreno Road Office Building - A Development Plan to construct a two — story 7,000 square toot office building on .76 acres, located at 41919 Moreno Road. The application was submitted on July 12, 2004. Staff provided a DRC comment to the applicant on August 23, 2004 and is awaiting plan revisions. (PA04-0470 HARRIS) • Pauba Road Offices — A Development Plan to construct 2 two story office buildings totaling 18,237 square feet located at Pauba Road and Margarita Road. The office buildings will be used for retail and office space. Staff is waiting for the applicant to submit a constraints map. (PA04-0476 — DAMKO) Subdivisions • Gallatin Parcel Map — A request to subdivide 2.89 acres into three lots with a minimum lot size of .92 acres located on the northeast corner of Margarita Road and DePortola Road. Gallatin Dental Group submitted the project on February 3, 2004. The project went to DRC on March 11, 2004. The project was resubmitted on August 3, 2004. This project is tentatively scheduled for a Public Hearing on October 7, 2004. (PA04-0074 — LONG) Seraphina Tract Map 32346 —A request to subdivide 28.6 acres into 67 lots with a minimum lot size of 7,200 square feet located on the north side of Nicolas Road. The project was submitted on March 16, 2004. The DRC letter was sent on April 20, 2004. The applicant submitted a draft plot plan via email for staff's review on June 2, 2004. Staff reviewed draft plot plan and sent comments via email on June 15, 2004. Staff met with applicant regarding additional issues in August. Staff is currently waiting for resubmittal. (PA 04-0178- DAMKO) • Wolf Creek PA 16 —A Tentative Subdivision Map to subdivide 4.22 acres into 6 custom hillside lots averaging 30,000 square feet. The application was submitted on May 19, 2004 and a DRC meeting was held on July 1, 2004. A DRC letter was mailed to the applicant on July 6, 2004 and staff is awaiting resubmittal. (PA04-0358/TTM 32319 — KITZEROW) Industrial Roick/Regency Industrial Building —A Development Plan to construct an industrial building with four suites totaling 12,407 square feet on 1.87 acres on the southwest corner of Roick Drive and Winchester Road. James E. Horeca submitted the application for Regency, Inc, on July 1, 2003. A pre-DRC meeting was held on July 22, 2003. A DRC meeting was held on July 31, 2003 with the applicant. Staff was informed by the applicant on December 29, 2003 that there has been a change in architects. Applicant resubmitted on March 11, 2004, but the submittal package did not include revised landscape plans. Applicant was advised but has not yet submitted landscape plans. Letter was mailed to applicant on June 4, 2004 to extend application processing 6 months. New architect is working on revising plans. (PA03-0359 — KITZEROW) Temecula Industrial Park —A Development Plan to construct thirteen single -story office buildings totaling 56,900 square feet on 4.83 acres located on the west side of Business Park Drive, between Rancho Way and Rancho California Road, approximately 1,000 feet north of Rancho California Road. Scott Barone (Lot 11 BPD LLC) submitted the application on December 23, 2003. A DRC Meeting with the applicant was held on January 29, 2004. A DRC letter was sent to the applicant on February 2, 2004. The applicant submitted revised site plans on March 29, RAMONTHLY.RPT2004\8-2004 Report.doc 2004, and again on April 28, 2004. A DRC was held July 15, 2004. Staff is reviewing revised plans submitted on September 9, 2004. A DRC is scheduled for September 30, 2004 (PA03- 0728-PETERS) Kearny Commerce Center — A Development Plan to construct an 86,175 square foot light industrial building on 5.55 acres located on the north side of Remington Avenue. Project was submitted on May 25, 2004. A DRC meeting was held on June 22, 2004. The DRC letter was sent June 23, 2004. The applicant resubmitted in July without fully addressing staffs comments. The second iteration letter was sent out on August 6, 2004. Staff is waiting for a letter from the county geologist before scheduling a hearing date. (PA04-0361 — DAMKO) Temecula Corporate Heights — Applicant is requesting a sign program for a multi -tenant industrial building at 423010 Zevo Drive, just west of Diaz Road. The DRC letter was sent on May 6, 2004. Applicant submitted on May 22, 2004. Sent 2nd iteration letter on June 8, 2004. The applicant resubmitted on June 29, 2004. Staff sent 2nd iteration comment letter on August 4, 2004. Applicant submitted on September 7, 2004. Staff is currently reviewing the project. (PA04-0198 - DAM KO) • Beacon Industrial- A Development Plan requesting a 15,308 square foot multi -tenant light - industrial building. The property is located at 42103 Rio Nedo, just west of Diaz Road. A Pre- DRC meeting was scheduled on May 20, 2004. The DRC letter was sent on May 25, 2004. Applicant resubmitted on August 13, 2004. A Planning Commission hearing date is tentatively scheduled for October 20, 2004. (PA04-0149 - DAMKO) • Milgard Windows Addition —An Administrative Development Plan to construct an 8,775 square foot office addition to Milgard Windows located at 26879 Diaz Rd. An ad hoc Planning Commission sub -committee met with the applicant on September 15, 2004 to resolve design issues. A letter was sent to the applicant on September 20, 2004. (PA04-0479 PETERS) CBC Business Center— A Development Plan to construct two multi -tenant industrial buildings (Building A — 75,697 SF / Building B-56,199 SF) on 8.59 acres located on the north sidE> of Remington Avenue, approximately 1,000 feet east of Winchester Road. The applicant submitted plans on March 1, 2004. A DRC meeting took place on May 20, 2004. A letter was mailed to the applicant on May 20, 2004. The application was resubmitted on June 28, 2004 and a letter requesting revisions was mailed to applicant on July 27, 2004. The application was resubmitted on August 23, 2004. Comments from other departments are due September 7, 2004. Clearance from the county geologist is required prior to scheduling for hearing. This is anticipated to be received in early October. (PA04-0134 - KITZEROW) • Park Place Office: - A Development Plan to construct a 20,416 SF office building located at the southwest corner of Diaz Rd. & Winchester. The applicant submitted plans on July 14, 2004. A Pre-DRC meeting was held on August 10, 2004.A DRC letter was mailed to the applicant on August 12, 2004. Staff is awaiting resubmittal. (PA04-0472 — KITZEROW) • Weste Pointe Business Center —A Development Plan to construct 14 separate office buildings totaling 50,000 square feet set in a campus setting. The proposed buildings are located on the corner of Roick Road and Via Industria. Department responses are due September 15, 2004. (PA04-0512 Damko) RAMONTHLY.RPT\2004\8-2004 Report.doc Mixed Use Old Town Queen Anne Victorian —A Conditional Use Permit and Development Plan to construct a 11,000 square feet mixed use building to include retail uses (restaurant) on the ground floor and office uses on the second floor on 1.93 acres, located at the northeast corner of Old Town Front Street an Fourth Street. A DRC meeting was held on September 11, 2003. Revised plans were submitted on March 1, 2004. The project was reviewed and recommended for approval by the Old Town Local Review Board on April 12, 2004. Revised plans that were to address Public Works comments were submitted on July 28, 2004, and on September 9, 2004. Staff is currently reviewing the plans. (PA03-0447 — FISK) • Old Town Mixed Use Concept — A Pre -Application for a mixed use concept plan in Old Town. There are four concepts from 6,420 square feet to 12,950 square feet of office, retail, and residential uses. The project was submitted on September 7, 2004. Staff is currently reviewing the plans. Temecula Creek Village —A zone change application to amend the text only of PDO-4 to change the schedule of Permitted Uses to allow alcohol sales in conjunction with restaurants and gift shops, located on the south side of Hwy 79 S. between Jedediah Smith Road and Avenida De Missiones. At the Planning Commission on August 4, 2004 the Planning Commission recommended that the City Council adopt the proposed change to the Development Code. 1 his item will go to City Council in October. (PA04-0384 — PAPP) Residential Naron Pacific Tentative Tract Map 30434 — A proposal for a zone change from L-1 to L-2 on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The applicant has provided all materials, but is now proposing a PDO for the project. The CAC has made a recommendation on policy for the Chaparral Area allowing �/2- acre lots if it does not increase the "net' density. A PDO was submitted on March 25, 2004. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. Applicant has not yet submitted a revised constraint map. (PA02-0204 - PAPP) Tierra Vista Condominiums — An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. A second DRC better has been submitted to the applicant and staff is awaiting plan revisions. (PA03-0552 — HARRIS) Quiet Meadows — A proposal to subdivide 4.57 acres into 7 residential lots with one open space lot; and a proposal to change the zoning designation from L-1 to L-2. An Environmental Assessment (EA) has been completed. Based on the EA, no significant impacts have been identified. On August 12, 2003, the City Council denied the Zone Change application without prejudice and referred the Zone Change policy issue to the General Plan CAC for an advisory recommendation. The CAC has determined that the Zone Change can be supported and the applicant will ref ile a new application. The project was recommended for approval at the August 18, 2004 Planning Commission. A tentative City Council date for October 26, 2004 is scheduled. (PA03-0669, PA03-0698 PETERS) RAMONTHLY.RPT\2004\8-2004 Report.doc Wolf Creek Planning Area 7 — An application for a Home Product Review for 125 detached single-family residences within Planning Area 7 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on October 23, 2003. A DRC meeting was held on December 11, 2003 and a DRC letter was mailed out to the applicant on January 8, 2004. Revised plans were submitted on February 26, 2004, and staff is currently reviewing the plans. This item was presented at the August 18, 2004 Planning Commission but was continued to the September 15, 2004 Planning Commission meeting to allow for additional architectural enhancements and staff is recommending approval. (PA03-0603 — KITZEROW) • Horton Continental — A Product Review for 100 single family residences including four floor plans and four architectural styles. The project is in planning area 1 of Roripaugh Ranch Specific Plan. The applicant submitted plans on Marchl , 2004 and submitted revised plans on May 25, 2004. Staff sent out comments on July 9, 2004. Requesting revisions. No change; in status as of September 13, 2004. (PA04-0133 — LONG) • Del Val Second Dwelling Unit — An application for a second dwelling was received January 23, 2004 for a 768 square foot mobile unit at 31050 Nicolas Road at Leifer Road. A pre-DRC Meeting was held on March 9, 2004. A DRC meeting was held August 5, 2004. Waiting for applicant response. (PA04-0039 — PETERS) • Estero Street — A request for a Zone Change (from L-1 to L-2) and a Tentative Parcel Map to subdivide a 1.39 acre parcel into two parcels for single family homes. The project is located at the end of Estero Street. The applications were filed on April 19, 2004. A DRC meeting was held on July 8, 2004. Staff is awaiting submittal of revised plans. (PA04 -0283 and PA04-0275 -PETERS) • Temecula Ridge Apartments — A Development Plan for the addition of 20 units by adding a 3`d story to five buildings in a previously approved 220 unit apartment project. The site is located on the south side of Rancho California Road, southeast of the intersection of Rancho California Road and Moraga Road. The application was submitted on April 13, 2004. A DRC meeting was held on June 10, 2004, and a letter was mailed to the applicant on June 14, 2004. Staff is currently awaiting resubmittal. (PA04-0260 — KITZEROW) • Tortelli second dwelling unit —Application for a 753 square foot second dwelling unit located at 29243 Providence Road in Harveston. Application was submitted on June 1, 2004. The DRC letter was sent on August 2, 2004. Applicant resubmitted on September 7, 2004. Staff is currently reviewing. (PA04-0378 - DAMKO) • Gallery Traditions —A product review for 8 single family residences including 3 floor plans and 2 architectural styles. The applicant submitted plans on June 2, 2004. DRC was held on August 5, 2004. DRC letter was sent on August 9, 2004. Applicant resubmitted on September 2, 2004. Expected Director's Hearing date is early October. (PA04-0383 DAMKO) Roripaugh Ranch Specific Plan Amendment - A Specific Plan Amendment (SPA), Tentative Tract Map and Zone Change PA04-0369, 0370, 0371. A request to change OS to LM and a tentative tract map to add 6 residential lots. SPA addresses fuel modification issues, general clean-up items such as fencing and inconsistencies. Staff sent a letter outlining concerns on June 28, 2004. The SPA was resubmitted on September 1, 2004. Staff is currently reviewing the revised amendment. (PA04-0369, 0370, 0371 LONG) RAMONTHLY.RPT2004\8-2004 Report.doc • Harveston Neighborhood 6-A Development Plan to construct 69 attached resideritial condominium units on 4.7 acres, located within Neighborhood G of the Harveston Specific Plan. The application was submitted on April 21, 2004. The applicant provided a second plan submittal on August 12,2004. Staff provided a second DRC letter on September 8, 2004 and is awaiting revised plans. (PA04-0077 - HARRIS) • Harveston Neighborhood 12 A Development Plan to construct 93 attached residential condominium units located within Neighborhood 12 of the Harveston Specific Plan. The application was submitted on April 26, 2004. A DRC meeting was conducted on June 24, 2004. The applicant provided a second plan submittal on August 12, 2004. A second DRC letter was provided on September 9, 2004. Staff awaits revised plans. (PA04-0079 HARRIS) • Saratoga Ridge —A Product Review for 10 detached single family residences which offer floor plans, and 3 architectural styles. The project is located off Rancho Vista Road and Greentree. It was submitted on July 28, 2004. Sent comment letter to applicant on August 30, 2004. Waiting for applicant response. (PA04-0488 DAMKO) • Temecula Lane —A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map to construct 59 4-plex buildings totaling 236 units, 32 3-plex buildings totaling 96 units and 96single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda Road and Temecula Lane. Staff is currently working with the applicant on completing the MSCHP — Hans review. (PA04-0496 Damko) Miscellaneous • Faith Bible Church — A Minor Conditional Use Permit to establish a church facility at 42257 Avenida Alvarado. Project was submitted on April 13, 2004. A DRC was held on May 20, 2004. Staff is currently waiting for revised plans. No change as of September 13, 2004. (PA04-0266— LONG) • Southern California Car Company — A Minor Conditional Use Permit for an automobile sales facility with interior sales only sales display from an existing building located at 28860 Old Town Front Street. This application was submitted on August 24, 2004 and staff is currently reviewing the plans. (PA04-0508 — FISK) • Cingular Mono -Pine Wireless Antenna — A Conditional Use Permit to construct a 50' high monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on April 19, 2004. Staff sent a DRC letter on June 8, 2004. Staff is currently waiting for revised plans. No change in status as of September 13, 2004. ' (PA04-0285 — LONG) • AT&T and Verizon Wireless — A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of up to eight t48' high "Italian Cypress" trees stealth antennas and an 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadows Parkway. Staff has received phone calls from the surrounding residents expressing concerns about this proposal. The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial recommendation, however, the meeting was canceled and the project will be renoticed for a future Planning Commission Hearing. Staff met with the applicant on March 12, 2004, to discuss design alternatives. No formal resubmittal to date. (PA02-0335 — PAPP) RAMONTHLYAM2004\8-2004 Report.doc Rancho Medical Group Sports Facility — A Conditional Use Permit for a recreation facility (for physical therapy and public use) in an existing 76,886 square foot building in the LI Zone located at 28780 Single Oak Drive. Proposal includes volleyball courts, basketball courts, martial arts studio and exercise equipment. The project was submitted on August 5, 2004. A DRC mee'l:ing was held on September 9, 2004. A DRC letter was sent on September 10, 2004. (PA04-0493 Kitzerow) Meadowview Golf Course — Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. The applicant has retained a new environmental consultant to complete the modifications. The Draft EIR was submitted on April 12, 2004. Staff has transmitted document to affected City Departments for 3 week review. Staff provided EIR comment letter to applicant the week of June 7, 2004. Staff is currently awaiting comments. (PA01-0375 — PETERS) Verizon Wireless Telecommunication — A Conditional Use Permit for a 60-foot high mono -pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono -pole is not an acceptable design for the area. The applicant indicated alternative sites would not be feasible; however, on November 10, 2003, they offered to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff met with the applicant on August 19, 2004 to discuss design alternatives. Applicant submitted revised photo simulations on September 13, 2004 for staff to consider. (PA02-0637 — PAPP) Cyberzone —A Minor Conditional Use Permit for the establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of the Promenade Mall. Staff has received conditions of approval from other departments and scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost their lease prior to the hearing, so the application has been continued off calendar in anticipation of another lease space becoming available within the mall. (PRJ00-906 — FISK) Temecula Regional Hospital: A General Plan Amendment, Conditional Use Permit and Development Plan to construct a fitness center, cancer center, two medical/office buildings (4 stories each) and a six story hospital structure all totaling approximately 535,000 square feet, located north of Highway 79 S, south of De Portola and west of Margarita Road. Project was submitted June 30, 2004. A DRC was held on August 18, 2004. Staff is currently arranging a meeting with the applicant, staff and City Council sub -committee. (PA04-0462, 0463 LONG) Verizon Wireless Telecommunication — A one year extension of time for a previously approved Minor conditional Use Permit (PA01-0019) to co -locate 3 antenna array panels on an existing monopine structure located at the RCWD tank in Chardonnay Hills, 31008 Rancho California Road. A Director Hearing was held on September 9, 2004 where it was re -directed to Planning Commission due to environmental concerns expressed by neighboring property owners. This item has not yet been scheduled for Planning Commission. (PA04-0264 PAPP) Small Business Assistance • La Tacqueria: Staff is working with the owners of this Old Town business on a revised plan for an exterior fagade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Planning Department in October. RAMONTHLY.RPT\200418-2004 Report.doc 10 • Bev -Ray Camera: Staff worked with this established Old Town business owner to help bring his signs into compliance with the sign program for the Temecula Stage Stop. • Rachel' Place — Planning staff is working with this new business in order to help them obtain funding for new signs under the Fagade Improvement Program. • Art Dispora — This new business located in Old Town has submitted designs for new signs and an application for funding under the Fagade Improvement Program. Special Event Permits • Race For The Cure — An application from the Susan Komen Foundation will be submitted in early September for this event that will take place on October 17, 2004, at the Promenade Mall. A special event street closure permit will also be submitted to Public Works. • Temecula Tractor Race — This event will take place on October 1, 2, and 3 at the Riverside County Flood Control property located at the southwest corner of Jefferson Ave. and Cherry Street. The City of Murrieta has been notified of this activity since it is adjacent to their border. • Temecula Fall Car Show and Cruise: This event will take place on October 8 -9, 2004 in Old Town Temecula. Meetings with the applicant and City departments will be taking place during October. Special Projects & Long Range Planning Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: • Comprehensive General Plan Update — The Community Services and Traffic/Safety Commissions are scheduled to review the Draft Updated General Plan on September 131h and 23rd, respectively, and the Screencheck of the EIR is still expected to available for staff's review in early October. (HOGAN) • Update of the Old Town Specific Plan —The City Council approved the updated Specific Plan on August 10, 2004. The Plan is currently being printed for distribution. (HOGAN) • Santa Margarita River Watershed Planning Project —This interagency project is being overseen by the County of San Diego in cooperation with affected agencies throughout northwestern :pan Diego County and southwestern Riverside County. Staff members of the Planning and Public Works Departments are participating in the process to ensure that the Study results and recommendations are based upon good information, appropriate science, and that the interests of local residents are protected. A revised draft of the watershed plan is currently being reviewed by Staff. (HOGAN) • Automobile Dealership signage and Special Events — Staff is working with the Dealerships to address reoccurring signage and special event issues. RAMONTHLY.RPT\2004\8-2004 Report.doc 71 • Hillside Development Policy — The policies are being examined for integration into the draft - grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. This item is on hold pending additional staff resources • Procedures to Implement CEQA — Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new CEQA Guidelines, and will create new templates for standard CEQA forms. This item is on hold pending additional staff resources. • Surface Mining Ordinance —The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. • Traditional Neighborhood Development Ordinance — Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. • Staff has prepared a final draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." The final draft was routed to the City Attorney on September 15, 2004. This item has not yet been scheduled for public hearing. (PAPP) • Updating of the Roripaugh Estates Specific Plan to split Planning Area 8 into 8A and 86 to resolve commercial zoning issues and minor land use changes. Staff is reviewing the Specific Plan design guidelines to determine best approach for resolving commercial zoning issues and existing land uses adjacent to Area 8. (PA97-0443 WEST) • South Side Street Improvement Project —The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. This item is on hold pending additional staff resources. • Paloma Del Sol Specific Plan, Amendment 8.1 and Supplemental EIR — Staff is waiting for the applicant to submit a revised project schedule and the draft of the Specific Plan and Supplemental EIR. (PA03-0402,0403 — WEST) • Telecommunications Facilities — Staff has prepared a Request for Qualifications (RFQ) for consultants to evaluate the technical reports submitted by new telecommunications. The RFQ is awaiting authorization to be released. (WEST) • Supplemental Development Standards (Alcohol Sales) — Staff is developing additional performance standards in order to allow for the distinction between businesses offering the sale of alcoholic beverages (beer and wine only) for non -consumption on premises and those businesses with sales of alcoholic beverages for consumption on same premises. The Police Department is preparing incident report for State ABC licensed businesses for staff to determine the type of problems experienced in the community. (WEST) Update of the Citywide Design Guidelines - The consultant submitted a completed draft in February 2004. Staff is currently reviewing the Industrial Guidelines, Special Standards, and an illustrated glossary of design terms. . The contract was extended for another year at July 13, 2004 City Council meeting. A consolidated list of staff comments/corrections will be sent to the consultant upon completion of Special Standards Guidelines and the glossary. A presentation to Planning Commission is tentatively scheduled for November 2004. (PAPP) RMIONTHLY.RPT\2004\8-2004 Report.doc 12 • Margarita Village Specific Plan Amendment. —A minor amendment was submitted to facilitate HOA ownership of the pool, tennis courts and tot lot. (PA04-0486 WEST) • Light Industrial Development Code Amendment — Staff has developed additional performance standards for "Campus style professional offices I the LI zoned areas of the City. This item was approved by the PC at the August 18, 2004 meeting and is scheduled for the September 28, 2004 City Council meeting. (WEST) • City— Project environmental reviews and permitting: o Overland Drive Extension — Staff reviewed 2°d submittal of the draft initial study/ Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. Old Town Southern Gateway Landscaping Project — Request from Public Works for Environmental Determination for this project. Previous Negative Declaration has been modified because the project description has changed. The revised N.D. has been routed to Redevelopment, TCSD, and Public Works for comments. Planning has not received comments. Planning will coordinate with Public Works to schedule this item for City Council. (EA-93 — PAPP) o Murrieta Creek Multi -Purpose Trail Project — Staff is assisting the Public Works Department by preparing CEQA and NEPA documents for this project. Staff did a site walkover with biologist and CalTrans coordinator in January 2004. Staff has recommended and prepared Class 4 Categorical Exemption. (EA99 — PAPP) o Diaz Road General Plan Level Improvements — Staff has prepared an initial study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff recommends that a Negative Declaration be prepared. Planning will coordinate with Public Works to schedule this item for City Council. (EA107 — PAPP) o Rancho California Road Widening Project — Staff has prepared an Initial Environmental Study to determine the impacts of constructing improvements to Rancho California Road. The public comment period runs from August 17, 2004 through September 17, 2004. Staff is proposing a Negative Declaration for City Council approval on September 28, 2004. (EA113-W EST) o 1-15 / SR79 S. Ultimate Interchange Project — Staff is working with Public Works on the NEPA/CEQA determination for this project. (EA111 WEST) General Plan Amendments PA03-0178 TERC 52, LLC — A General Plan Amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park, adjacent to the Campus project. Staff is awaiting the submittal of additional information and has advised the applicant that the proposal will not go to hearing until the Comprehensive General Plan Update is complete. (PAPP) • Margarita Village General Plan Amendment (PA040391) and Specific Plan Amendment (PA04- 0390) to change the land use designation from VL (very low - .2 to .4 du/acre) residential to LM (low medium — 3 to 6 du/ac) for 18.3 acres along the west side of Butterfield Stage road, north of Chemin Clinet. This is associated with a Tentative Tract Map (PA04-0392) for 36 residential hots RAM0NTHLY.RPT\2004\8-2004 Report.doc 13 ranging in size from 7,200 to 25,000 SF. These applications were submitted on June 2, 2004. A DRC meeting is was held on July 8, 2004. The project was resubmitted on August 2, 2004 and a DRC letter was sent to the applicant on August 26, 2004. (KITZEROW) PA04-0411, Nicolas 73 — A General Plan Amendment application (and Zone Change PA04- 0414, and TTM PA04-040415) to change the land use designation on 73 acres from very low density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was held on July 8, 2004 and DRC was held on for July 15, 2004. Based upon issues raised at DRC and clarified in a follow-up letter the applicant was informed that staff does not support the GPA. Issues related to the overall project density and number of lots proposed on the map will require a resubmittal. The proposal will not go to Public Hearing prior to the adoption of the Comprehensive General Plan update. (PAPP) RNAONTHLYAM2004\8-2004 Report.doc 14 APPROVAL_ " CITY ATTORNEY _ DIRECTOR OF FINAN1r4E3_ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: September 28, 2004 SUBJECT: Economic Development Monthly Departmental Report Prepared by: Gloria Wolnick, Marketing Coordinator The following are the recent highlights for the Economic Development Department for the months of August 2004. ECONOMIC DEVELOPMENT Leads & Inquiries In the month of August, the City received 3 leads including 2 restaurants and a child care facility. One of the restaurants is a Hawaiian-themed eatery that features a full bar <rnd entertainment and the second restaurant is an independent, upscale sports theme eating establishment. Staff met with Rita Castillo and Ron Stevens on August 25t" to discuss growth of the Temecula Valley area and possible future locations for a child care facility in Temecula. Staff provided further information to an Orange County entertainment operator regarding its interest in opening up a high -end dinner theater in Temecula. During the month of August, the Southwest California Economic Alliance responded to 6 leads. Of these leads, one was a referral from the EDC and five were direct contacts to the Alliance. The Alliance activity report is attached. Ceremonies The sale of Norm Reeves is complete. Councilmember Washington and staff attended the Norm Reeves Flag Ceremony on August 27th and met the new owners. Councilmembers and staff attended The Great Oaks High School Ribbon Cutting on August le. State Superintendent of Public Instruction Jack O'Connell spoke at the high school dedication ceremony. O'Connell congratulated the new school. Temecula's high school opened with an enrollment of about 1,200 students, and is designed to eventually accommodate about 3,500 students. The ribbon cutting also included a barbecue. Golf Tournament \%an3\city m 9erMo1aickg\DEPT REPORTMAuguet'04 DepL RpL.dw Economic Development Subcommittee members and staff participated at the Pro -Am Tournament at the 841h California State Open Golf Touniament which was held at the SCGA Members Club in Murrieta on August 31. Southwest California Economic Alliance was the official sponsor of the State Open and hosted a number of potential Southwest California business prospects. The California State Open Golf Championship paid out $125,000 in prize money, making it one of the richest independent tournaments in California. The field of 156 golfers composed of tour players, PGA professionals and special invitations to the top amateurs in California competed over the four days. Over 60 golfers earned their entry from five regional qualifiers. The top 15 finishers at each regional qualifier automatically advanced to the championship. Commuter Computer Southwest California Economic Alliance recently launched a new Commuter Computer on its website www.southwestcalifomia.com. It is one of the first in the state of California. The Commuter Computer calculates, according to user -entered information, how much time and money is spent by commuting each month. A press release went out recently announcing its launch and as a result, the Economic Alliance has been contacted by several local news agencies including Inland Empire News Radio which covers over 30 stations. The Alliance hopes to educate commuters on the high cost of driving outside our region to work each day. Media/Outreach Materials Staff wrote the City article for the August Chamber of Commerce Newsletter highlighting the new Imagination Workshop Children's Museum. Meetinas Staff attended the Partners in Education Committee Meeting on August 2nd. Staff met with Jack Tarr on August 171h regarding development issues with planning for his Power Center 11 project. Councilmember Washington and staff attended the EDC of Southwest Riverside County Board of Directors Meeting on August 191h. The primary item of discussion was a presentation by Peter Bentley (Retired Colonel with an impressive service record) who is heading efforts to retain March Air Reserve Base during the upcoming round of the Base Realignment and Closure (BRAC) effort which is expected to make decisions in 2005. Some key items noted by Mr. Bentley included: • There are 61 bases in California. Texas has the next largest amount of bases with 25. Overall 25% of military bases will be closed, thus California will be hit. • Payroll and contracts for Defense in CA exceed $38 billion annually — more than Agriculture and Film Industry combined. • March ARB is a strategic defense asset, and is an important economic force in Riverside County. Over 8,600 employees, direct payroll of $154 million, and economic impact of over $347 million. 300 employees live in Temecula/Murrieta, including two top base commanders. \\San3\city n ger\Wolnickg\DEPr REPORMAugua N Dept Rpt.doc Although the Department of Defense is tasked with making an impartial, objective decision, research is needed to prepare information to help best make a case for the retention of March ARB. Also, funds are needed for lobbying. After discussion, the EDC Board voted to contribute $10,000 for this effort. Col. Bentley will 'be contacting the cities and county in the near future to make similar presentations and request resolutions of support and financial assistance in the $5,000 to $10,000 range. A Verizon representative noted that their foundation is making a $10,000 donation to the Bays and Girls Club of Southwest Riverside County, and Rex Oliver of Murrieta Chamber noted that a new newspaper called the Mumeta Insider will be starting to offer a "Fair and Balanced" news (as opposed to coverage of The Bugle). Similar efforts may be launched in Temecula and Lake Ellsinore in the future. Staff reported on the Great Oak High School dedication, Old Town projects, library update and General Plan update. Councilmember Washington and staff attended the Southwest California Brokers Breakfglst Meeting on August 181h at Temecula Creek Inn. Stevie Field provided an economic development and marketing overview on the Alliance. The cities of Lake Elsinore, Mumeta and Temecula provided city updates on new developments occurring in their area. Temecula provided a handout that contained updated demographic information. This information will be included in the Economic Development section on the city's website. On August 17'h, staff met with Dennis Frank, Joan Sparkman and A.G. Kading regarding the agreement between the college partners which include MSJC, CSUSM, UCR Extension, and Concordia University. In August, staff worked with representatives from the Temecula Valley Chamber, the EDC of Southwest Riverside County and Vicki Reynolds, Economic Development Specialist, U.S. Small Business Administration, on organizing a Small Business Loan Fair in Temecula. TOURISM Special Events During the month of August staff worked with Southwest Events on the upcoming Great Tractor Race. Various Temecula city departments and the City of Mumeta met with Southwest Events on September 13th to discuss the overall event and finalized the site plan, parking, signage and insurance. Staff worked with Mark Fisher, graphic designer, on updating the city's ad for the Temecula Valley International Film & Music Festival Program. As a sponsor, the City receives a complimentary full -page ad in the official program. Media/ Outreach Materials Staff provided Laura Patterson, graphic designer, with a copy of Temecula's CD, press kit, and photos of Temecula. Ms. Patterson will work with staff and the Inland Empire Tourism Council on creating an ad for the 2005 Official California State Visitors Guide. Staff updated Temecula's complimentary listing information with Katrynke Carpenter, California Travel Sind Tourism Publications. This information will appear in the California Visitor's Guide and on www.visitcalifomia.com. The City continues to advertise in Westways Magazine and receives hundreds of inquiries each month. \\San3\city manager\WoWckg\DEPT REPORTS\August'04 Dept. Rpt.doc Meetings On August 17'h, staff met with Shonna Poulin of the American Cancer Society regarding tlne Relay for Life event which is scheduled to take place at Chaparral High School on October ,23 and 24. Mayor Naggar is scheduled to speak at the opening ceremony. The event is a fundraiser that consists of walks, runs, food concessions and a candlelight ceremony. This event has been held in Murrieta for the past four years and the American Cancer Society now wants to do a separate Relay for Life event in the City of Temecula. They expect at least 300 participants and hope to raise $24,000 or more. On August 17'h, staff met with Sunny Thomas of the Temecula Valley Film Council and Sheri Davis of the Inland Empire Film Commission regarding the permitting of film activities in the City of Temecula. Staff met with the Temecula Valley Convention & Visitors Bureau (CVB) and Chamber regarding providing additional funding for the CVB to purchase software to enable them to provide on-line one stop reservation bookings. On August 31", staff met with Jane Laskin on the Temecula Valley International Jazz Festival. The Musicians Workshop provided a recap of the 2004 event and information on their 2005 Festival. Over 6,000 people attended the two-day Festival. There were over 1,000 phone calls and over 1,400 hits on their website from over 60 different countries. According to the Promenade in Temecula, it was the best business and promotional day that they have ever had. A copy of the recap report was sent to the City Council for review. ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest Riverside County Activities Report Southwest California Economic Alliance Activities Report \\San3\ciTy manager\Wolnickg\DEPT REPORTSWugusl'04 Dept Rpt.dm TEMECULA VALLEY CHAMBER OF COMMERCE September 14, 2004 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the August Monthly Activity Report as per our contract with the City of Temecula. This is the month of August at a glance: Business Inquiry Highlights: In the month of August, 6 businesses requested information on starting or relocating their business to Temecula. They received a business packet, which included a copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc. Board of Directors Highlights: Chamber support letters to: Economic and Workforce Dev. Unit in support for Registered Dental Assistant program proposed for Mt. San Jacinto College job development Incentive Fund grant.. Letters were also written to March Joint Powers Authority in support of International Cargo and Freight carrier facility at the March Global Port. Leadership Academy 2004 Update — Leadership Academy 2004 will host the first all -day seminar on Saturday, September 181h at the Pala Mesa Resort. The participating instructors have a wide - range of expertise, include both academic and business experience and have conducted seminars for companies such as IBM, Citibank, Arco, and Toyota. These instructors will expose participants to the latest trends, concepts and tools necessary to enhance management and leadership skills. There are 23 business leaders participating in this first-time seminar. Committee Highlights: "New Benefits are underway for the "Shop Temecula First Campaign". For the first time, the STF program will be showcasing its purpose via television commercials through Adelphia Media. July and November will be Rewards Months in which consumers and participating businesses have the chance to win $1,000. Sponsors of the event are Callaway Coastal and The Press -Enterprise. Tourism & Visitors Council (TVCVB): The TVCVB and TVCC are proud to introduce the new Tourism Director, Kimberly Adams who replaced Carrie Thomas. August 5�h, TVCVB staff met with potential tourism business participates for the new Taste of California Series. The new series was presented to the TVCVB by the State of California Tourism & Travel Commission. Taste of California was created after the success of the California Golf Series, which the Temecula Valley participated in. Filming of the series will take place in October and early November. The completed series will begin airing on United Airlines and 11 other domestic and international TV stations starting in January 2005. This series will have a 3-year shelf life and viewed in over 300 million households. The Tourism Council held the meeting at the Pechanga Resort & Casino. August 6�h, 2004, the TVCVB subcommittee met to discuss the October Halloween Tourism Mixer. TVCVB staff has confirmed the location to be The Castle Bed & Breakfast on Thursday, October 14, 2004. August 6th, 2004 TVCVB 26790 Ynez Court • Temecula, CA 92591 Phone: (909) 676-50q() • Fax: (909) 694-0201 www.temecula.org • e-mail: info@temecula.org staff spoke with Jane Smith who will be bringing a group of 40 Insurance Agencies to the Temecula Valley on October 22ntl wine tasting and lunch. August 17", 2004 TVCVB staff spoke with Xazmin of the Las Vegas Senior Press regarding a group called the Tripsters planning an outing to the Temecula Valley on April 15 — 17, 2005. They will visit Pechanga, Old Town, Thornton Winery and the Ramona Pageant in Hemet. August 3151, Photos requested and sent to "Spot Light Magazine" "Temecula Valley is the featured story in the September issue Places to go while visiting "Temecula Valley". TVCVB staff and the Marketing & Research Subcommittee tabulated the Temecula Valley Visitors Survey results with a 20% return rate. The winner for the grand prize drawing was Kurt Wise of Whittier. The average person visited Temecula 1 — 2 times; the majority of the visits took place during the Spring; the majority were 2 adult visitors; the main purpose was vacation/pleasure and if the visitors did stay overnight, the majority stayed 1 night. Education Committee: The Committee will be discussing ways to encourage local clothing retailers to post the TVUSD's dress codes in their stores. This topic of discussion came as a suggestion from the Partners In Education. One suggestion on this topic was to create a poster relating to complying with the district's dress code. Planning for the 2005 Youth Job Fair has begun and the committee is looking to have stronger participation from the business community. Special Events Committee: The Special Events Committee has diligently worked to facilitate the 2004 Legislative Summit. Panelists are: Insurance Commissioner John Garamendi, Senator Bill Morrow and Anthony Miranda, Pechanga Resort & Casino and Chairperson for California Nations Indian Gaming Association. Facilitator for the event is syndicated columnist Dan Walters of the Sacramento Bee. Currently 180 attendees are confirmed. The committee is also working on the 131" Annual Monte Carlo Extravaganza held on Wednesday, September 15, 2004 at Wilson Creek Winery. The event this year will include blackjack, craps and poker tables as well as Celebrity Dealers. The 13t" Annual Business Expo will be held on Wednesday, October 20, 2004 at The Promenade In Temecula. The Installation Committee has begun meeting to plan the 391" Annual Temecula Valley Awards Gala. Local Business Promotions Committee: The Shop Temecula First Subcommittee has 55 participants in the program. The months of August, September and October are covered for the minimum cable -TV participants per month. The Mystery Shopper winner for September is Provident Bank. The Businesses of the Month for September, chosen by the Special Events Committee, are Trinity Tents & Events and Aloris Design Group. The Chamber Spotlight winner for September is Ziegler & Sons Publishing. Government Action Committee: The Temecula, Murrieta and Lake Elsinore Chamber of Commerce's will be receiving a proposal from a Chamber Advocacy, Inc. company. They will work together to create an effective advocacy program for membership and empowering the membership to create a healthy business environment. Membership Committee: 23 businesses joined the Chamber in August. Staff and ambassadors attended 4 ribbon cuttings. 300 members and guests attended the August Mixer hosted by X-Treme Fit Self -Defense Fitness. The Ambassador Networking Breakfast Business Spotlights were: CalWorks/Gain and Costco Wholesale. Tourism Highlights (Bulk brochure distributors) Activity Report: • 819 Visitor Guide requests were processed from the City of Temecula's Westway's advertising marketing piece. • 35 Visitor Guides, 35 Tourism Maps and 35 Winery Brochures were distributed to Dianne Piara with Sun City RV Club for visitors staying at the Pechanga RV Park. 210 Visitor Guides, 200 Tourism Maps and 350 Winery Brochures were distributed to Doug Mc Allister with Golden Real Estate for a VIP event at the wineries. 210 Visitor Guides were distributed to Coldwell Banker & Associates for new homeowners. • 30 Visitor Guides were distributed to Kristie Lebberz to give to her wedding guests. • 35 Visitor Guides, 35 Winery Brochures and 35 Tourism Maps were distributed to Anthony Coletta with the Riverside County Fire Department for a workshop. • 50 Visitor Guides and 150 Tourism Maps were distributed to Janet Rivera with Motel 6 in Temecula to give to visitors. • 210 Visitor Guides were distributed to Joanne Hanson with I Love Clocks for tourism needs. Activity Report: • Tourism calls for the month of July — 1,899 • Phone calls for the month of July — 3,496 • Walk-ins for the month of July — 2,559 • Web Page User Sessions for the month of July— 3,855 • Website Tourism Survey - " How did you hear about Temecula" - • Article — 2% • Friend - 30% • Link — 14% • Magazine - 5% • Other - 27% • Radio — 0% • Search — 16% • TV — 6% 128 responses were received: Also, attached are the meeting minutes for the Tourism and Visitors Council, Education, Government Action, Local Business Promotions, Membership and Marketing and Special Events committee. If you have any questions regarding this information, please call me at (951) 676-5090 or e-mail asullivan@temecula.org. Thank you. , Sincerely, Alice Sullivan President/CEO cc: Mayor Mike Naggar Mayor Pro Tern Jeff Comerchero Councilman Jeff Stone Councilman Ron Roberts Councilman Chuck Washington Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager Gary Thornhill, Deputy City Manager Gloria Wolnick, Marketing Coordinator TVCC Board of Directors Temecula Valley Chamber of Commerce Monthly Activity Report August2004 Chamber Vis. Center Year -To -Date PHONE CALLS This Month This Month Total TOURISM Tourism Referrals 310 2,675 Calendar of Events 162 1,352 Special Events 159 1,548 General Information 1,268 9,240 TOTAL TOURISM CALLS 1,899 14,815 Relocation 177 1,715 Demographics 111 1,107 Chamber 960 7,186 Miscellaneous 349 2,175 TOTAL PHONE CALLS 3,496 26,998 WALK-INS Tourism 221 63 1,533 Calendar of Events 154 - 1,172 Special Events 83 2 627 General Information 917 50 6,168 Relocation 179 3 1,349 Demographics 115 971 Chamber 477 3,799 Miscellaneous 295 1,921 TOTAL WALK-INS 2,441 118 17,540 MAILINGS Tourism 965 4,706 Relocation 61 548 Demographics 59 525 TOTAL MAILINGS 1,085 5,779 E-MAIL Tourism 106 874 Relocation 82 757 Miscellaneous 274 3,018 TOTAL E-MAIL 462 4,649 WEB PAGE USER SESSIONS 3,855 40,266 GRAND TOTALS This Month Year -To -Date PHONE CALLS 3,496 26,998 WALK-INS 2,441 17,540 MAILINGS 1,085 5,779 E-MAIL 462 4,649 WEB PAGE USER SESSIONS 3,855 40,266 Annual Volume Comparisons Chamber Chamber Percentage August 2003 August 2004 PHONE CALLS TOURISM Tourism Referrals 268 310 16% Calendar of Events 111 162 46% Special Events 102 159 56% General Information 1,402 1,268 -10% TOTAL TOURISM CALLS 1,883 1,899 1% Relocation 184 177 4% Demographics 154 111 -28% Chamber 774 960 24% Miscellaneous 135 349 159% TOTAL PHONE CALLS 3,130 3,496 12% WALK-INS Tourism 152 221 45% Calendar of Events 96 154 60% Special Events 70 83 19% General Information 729 917 26% Relocation 167 179 7% Demographics 118 115 -3% Chamber 431 477 11 % Miscellaneous 108 295 173% Visitor Center Walk -Ins 218 118 -46% TOTAL WALK-INS 2,089 2,559 22% MAILINGS Tourism 1,072 965 -10% Relocation 76 61 -20% Demographics 81 59 -27% TOTAL MAILINGS 1,229 1,085 -12% E-MAIL Tourism 110 106 4% Relocation 120 82 -32% Miscellaneous 497 274 -45% TOTAL E-MAIL 727 462 -36% WEBSITE USER SESSIONS 6,329 * Chamber referrals reflect faxes, walk-ins and phone calls 3,855 -39% u[ TEMECULA VALLEY CHAMBER OF COMMERCE Tourism & Visitors Council Meeting Minutes Thursday, August 51h, 2004 @ 11:30 a.m. Pechanga Resort & Casino Chairperson: Cherise Manning (present) Co -Chair: Kelly Daniels (present) Board Liaison: Rusty Manning (present) Bette Endersen (present) Michael Doblado (not present) Committee Present: Ginny Mulhern, Denni Barrett, Shawntel Roberto, Vangie Esteban, Darlene Henderson, Bill Seltzer, Jim Brady, Judi Brady, Kay McCain, Billie Blair, Cindy Bailey, Jimmy Moore, Ken Westmyer, Steve Mallory, Denise Auvil, Donna Craig, Laurie Dimond, Bette Endresen, Ron Owens, Jeff Brown, Gloria Easterwood, Louie Di Bernardo, Sherry Di Bernardo, At Darber, Denis Ferguson, Annette Nielsen, Gerald Nielsen, Jenifer Wilson, Kim Lane, Robynne Weaver, Kim Kelliher, Judy Zulfiqar, Kay Carreon, Robert Livingston, David Edwards, OJ Lawrence, Tanya Mattern, Sam Baca, Carol Roquemore, Janette Thomas, Alonzo DiCarlo, Valarie Skovron, Katherine Artiglio, Robert Landesman, Doug Anderson, Jolene Anderson, Denise Vardakas Staff Present: Carrie Thomas, Kimberly Adams & Carrie Kumano Call to Order/Introductions Manning called the meeting to order at 11:05 a.m. Self Introductions were made around the group. Steve Mallory, Al Darber and Denis Ferguson of the Pechanga Resort & Casino thanked everyone for attending and mentioned their new renovations and additions to the facility. They have added 3200 additional parking spaces, 85 additional table games (for a total of 175), have a total of 5500 slot machines, an additional restaurant and a night club. The resort's new additions are expected to be revealed in November. Ferguson stated that their job fair was a great success and they are projecting close to 5000 employees by the end of the hiring process. Ferguson also mentioned that after they open the new sections of the resort, they are anticipating a 40% increase in visitors. Steve mentioned that they will be drawing business cards for a raffle prize and in order to collect your prize, you must visit two of the guest rooms. For more information visit www.l)echanga.com or call Steve Mallory at (951) 303-2417. Meeting Minutes Jim Brady made a motion to approve the July 8th , 2004 Tourism & Visitors Council meeting minutes as written. Mulhern seconded the motion, which carried. Temecula Valley Convention & Visitors Bureau • Thomas introduced Kimberly Adams as the new Deputy Director for the Temecula Valley Convention & Visitors Bureau. Adams comes with extensive experience in tourism and marketing, as well as non-profit organizations. Thomas mentioned the Taste of California Television Series and if businesses were still interested to please contact the TVCVB for more information. The 2nd mixer has been determined for Thursday, October 14`h and it will be a Halloween Mixer. Fliers and sponsorship information were distributed to the council. To become an event sponsor, please contact the TVCVB for available opportunities. Tourism Subcommittee Groups • Marketing & Research Subcommittee — The surveys have been mailed out and they are being completed and returned on a daily basis. Inputting the information into the database is the next step and Daniels asked for volunteers to help with the process. Next subcommittee meeting Tue. 8/24 at 10:OOam at the TVCC. • Speaker Bureau Subcommittee — Speaking engagements have been scheduled. If anyone: would like the Speaker Bureau to come and make a presentation to their group, please contact the TVCVB. Next subcommittee meeting Thu. 8/12 at 10:45am at the TVCC. • FAM/Tradeshow Subcommittee — The group is prioritizing appropriate tradeshows in which to participate. The subcommittee is also waiting for the results of the Marketing & Research Subcommittee survey to determine the most appropriate markets. Next subcommittee meeting Mon. 8/16 at 10:OOam at the TVCC. City Marketing Report No Report. Tourism Destination Reports • Arts Council of Temecula — Moore mentioned the Temecula Talent Showcase on Saturday, 8/7 at 6:30 pm at the CRC Amphitheater. The Harry James Orchestra will be playing at the Duck Pond on Sunday, 9/19 at 5:OOpm and admission is free. On Saturday, 10/2 the Dance, Dance, Dance Concert will be held at the CRC Amphitheater at 5:OOpm. • Old Town Temecula — No Report. • Pechanga Resort & Casino — 8/14 — Chris Isaak, 8/28 — Paul Rodriguez, 9/2 — Wynonna, 9/10 — Billy Idol, 9/19 — Tim Conway & Harvey Korman, 9/24 — Huey Lewis & The News. • Temecula Valley Winegrowers Association — Kissam mentioned that media visits are consistently increasing and the region is being recognized by many outside sources. Los Angeles County and Orange County media entities are visiting the wineries on a regular basis. The Association represents 21 wineries and there will be an increase of 3 new wineries by next year. • Balloon & Wine Festival — Rusty Manning mentioned that the Balloon & Wine Festival office has moved to Enterprise Circle West. • Temecula Valley International Film Festival — No Report. • Temecula Valley Museum & Children Museum — No Report. Member Updates • The Castle Bed & Breakfast in wine country has their rooms open over the weekends. For reservations or for more information contact Louie or Sherry Di Bernardo at (951) 699-3940 or visit www.thecastlebedandbreakfast.com. • Vail Lake Resort has Comedy Night every other Saturday. They currently have an individual from the show "Last Comic Standing." For more information please contact Valarie Skovron at (951) 303-0173 or visit www.vaillakeresort.com. • Rusty Acres Herb Farm will have their Tomato Tasting Festival on September 11`h & 121h, 2004. For more information contact Jim or Judi Brady at (760) 731-7349 or visit www.rustyacres.com. • Pala Casino will have Diamond Rio on 8/16, Melissa Etheridge on 8/18, JoDee Messina on 8/29 and Johnny Mathis on 9/1. For more information please contact Ron Owens at (760) 510-2860 or visit www.palacasino.com • Canine Support Teams, Inc. is having their 1s` Annual Canine Support Teams Golf Classic on Friday, September, 241", 2004 at the SCGA Golf Course. The business is a California based non-profit organization that provides specially trained dogs to people with physical disabilities other than blindness. They were founded in 1990 and their motto is "changing the way the world thinks about disabilities, one dog at a time." For more information or to sign up for the Golf Classic, please contact Janette Thomas at (951) 301-3625 or visit www.caninesupportteams ora. • Temecula Valley Golf School will offer a free golf instruction lesson for any individual who signs up for the Canine Support Teams, Inc. Golf Classic. Please contact Bill Seltzer at (951) 699-2283. • Events By Annette — Annette mentioned that the Monte Carlo Extravaganza is still looking for Table Sponsors. Please contact the Special Events Department at the TVCC at (951) 676-5090 or visit www.temecula.org. • Harrah's Rincon Casino & Resort is promoting their game show events. Discounted pricing is available with a player's card. For more information contact Robert Livingston at (760) 751-3104 or visit www.harrahs.com. • Mountain Lodging Unlimited mentioned that the San Bernardino Mountains are open. Visit www.welcometobigbear.info or call Sam Baca at (909) 633-0178. • Extended Stay America has 617 hotels. They have local locations in Oceanside and Carlsbad as well as the location in Temecula. For more information contact Shawntel Roberto at (951) 587-8881. TVCC Board Update Rusty Manning reported • Roundtable Discussion on Friday, August 6`h, 2004 from 11:00 a.m. — 1:00 p.m. at Pat & Oscar's. • Chamber Mixer on Wednesday, August 181h, 2004 from 5:30 p.m. — 7:30 p.m. at X-treme Fit Self Defense Fitness. • Ambassador Networking Breakfast will be at 7:30am on Wednesday, August 25`h, 2004 at Embassy Suites Hotel — Temecula Valley Wine Country. • Monte Carlo Extravaganza on Wednesday, September 151h, 2004 from 5:30 p.m. — 8:30 p.m. at Wilson Creek Winery. • Legislative Summit on Friday, September 10'h, 2004 from 7:30 a.m. — 10:30 a.m. at Pechanga Resort & Casino. • Business Showcase on Wednesday, October 20'h, 2004 from 5:00 p.m. — 8:00 p.m. at the Promenade Mall. Next Meeting Date: Thursday, September 9`h @ 11:30 a.m. Location: TVCC Conference Room (bring own sack lunch) EDUCATION COMMITTEE MEETING MINUTES Temecula Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Thursday, August 12, 2004 9:30 a.m. Chairperson: Donna Wilder (Present) Members Present: Danielle Clark, Lynn Laing, Solange Sheppy, Cheryle Steddom, Mark Margolin, Jacob Tomseth, Billie Blair, Alphonso Allen Board Liaison: Greg Morrison (absent), Greg Brown (absent) Staff Present: Laura Turnbow Approval of Minutes Sheppy made a motion to approve the July 8, 2004 meeting minutes as written. Laing seconded the motion, which carried. 2004/2005 Education Budget Staff and committee members will begin attending Chamber mixers and other events displaying a collection box for donations to the scholarship fund. Sheppy will assist at the August Mixer at Extreme Fit. Youth Job Fair This event will be reviewed at the September meeting. School Employee Recognition Committee feels that the recognition program should cover one full year of employment. Sheppy, Blair, Clark and Allen will assist in creating the application. Criteria for judging needs to be established. Committee should include community involvement as part of the criteria. Partners in Education Margolin stated that the Partners in Education would be presenting their annual report to the school board the following week. A few of their programs for the upcoming year are the speakers bureau, career video, students in government and career day. A sub -committee is currently working with the TVUSD to determine the Career Pathways, as the videos will mirror these pathways. The Career Video Sub -committee will reevaluate how the videos will be used. School and Colleges Update MSJC — Wilder reported she had 55 occupational internships last semester. Classes begin on August 16, 2004. Board Update • Legislative Update — Scheduled for September 1 Oth. Dan Walters of the Sacramento Bee, Insurance Commissioner John Garamendi, Senator Bill Morrow and a representative from Pechanga are a few of the scheduled presenters. • Leadership Academy —Applications are now being accepted for Leadership Academy 2004. A group of very distinguished speakers have been gathered to facilitate and instruct. The cost to participate is $1,250 and attendance is limited. • Wilder reported that Sunrise Rotary is holding an event on August 28 " at South Coast Winery. The Riverside Symphony Orchestra will be performing. Meeting adjourned. Thank You! Next Education Committee Meeting is Thursday, September 9, 2004, 9:30 a.m. in the Temecula Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Government Action Committee A Joint Committee of Murrieta and Temecula Chambers of Commerce Meeting Minutes Monday, August 16, 2004 Murrieta Chamber of Commerce Present: Roger Ziemer (Chairman), Peg Moore, Ralph Ferro, Dennis Frank, Al Volbrecht, Karen Wikert, Solange Sheppy, Aaron Adams, John Telesio, Peter Zullo, Aaron Knox, Kevin Jeffries, Ken Abrey, Bob Lopez, Kelly Battin, Paul ONeal, Jeff Greene Staff: Valerie Preston — Murrieta; Alice Sullivan, Laura Tumbow — Temecula I. Meeting was called to order by Ziemer at 12:00 pm. II. Self Introductions III. Approval of July Meeting Minutes IV. State reports A. CA State Senator Hollingsworth - No report B. CA State Senator Battin - K. Battin reported Identity Theft Workshop to take place on September 91h in Hemet and Sun City. Advised be aware of AB2832 to increase minimum wage and various benefits. SB1809 Sue Your Boss has been revised. C. CA State Assemblyman Haynes - Green reported final rush for bill approval. D. CA State Assemblyman Benoit- No report. V. Legislative Reports A. U.S. Congressional District 43, Calvert - No report. B. U.S. Congressional District 45, Mary Bono - No report. C. U.S. Congressional District 48, Issa - No report. VI. City Reports A. City of Murrieta — No report. B. City of Temecula- Adams expressed City's concern regarding bill 1609. VII. Chamber Reports A. Temecula - Sullivan reported assisted at Town Hall meeting on Friday, August 13, over 900 in attendance. B. Murrieta - Preston reported Chamber had moved to new offices. Ziemer reported Doing Business in California will be topic at Legislative Summit to take place on Sep. IO`h at Pechanga. Panelists will discuss Workman's Compensation, Indian Gaming, Energy related issues and the Budget. VIII. Knox/TMG and Abrey/Cal Pine presented opposition to AB2006 and Lopez/SCE gave supporting information for AB2006. Open discussion. IX. Meeting adjourned 1:00 pm Y TEMECULA VALLEY CHAMBER OF COMMERCE Local Business Promotions Committee MEETING MINUTES Wednesday, August 18", 2004, @ 8:00am TVCC Conference Room Sponsored by Community Little Book Committee Chair: Bert Baluyut (present) Co -Chair: Kurt Peck (present) Board Liaison: Greg Brown (present) Members Present: Carole Crocker, Bob Hagel, Laura Bruno, Ron Katzin, Kirby Bown, Clint McCain, Billy Banks, Lisa Fuess Staff: Carrie Kumano Welcome & Introductions Baluyut called the meeting to order at 8:10am. Self introductions were made around the room. Approval of Minutes Bown made a motion to approve the July 21, 2004 meeting minutes as written and Crocker seconded the motion, which carried. Shop Temecula First Crocker explained the program to the new members of the chamber. The new registration for was handed out with the $65.00 charge instead of the $95.00 charge since we have now completed the first rewards month. The business winner was Frame Designs, Inc. and the customer winner was Kerry Grana of Temecula. The winners will be advertised at the mixer and networking breakfast to promote more interest in the campaign. We currently have 53 participants in the program. The subcommittee needs to push for more participants before November in order to reach our goal of 100 participants. Crocker mentioned that if selling is not your strong point:, just let the potential business know that someone will contact them soon to give them the necessary information regarding the program. Crocker asked if anyone had any ideas on changing the name, as long as `Temecula" was still included. The committee stated to just drop the "First' and go to "Shop Temecula." Member Recognition Program Hagel explained the program to the new attendees. Hagel has created a portable sign that will be taken to the various events to promote the programs. Hagel suggested listing the winners on the chamber website for more recognition. Hagel is now working on a re -useable badge that may be worn by the winners for the month. Hagel reviewed the monthly winners. • Mystery Shopper Program (Courtesy of DHL Business Solutions & The Californian): — August — Banks Wellness Center — September — Provident Bank Businesses of the Month (Courtesy of KMYT 94.5 FM): -- August (Education) — California Coast Credit Union — August (Education) — Leading & Learning, Inc. — September (Special Events) — Aloris Design Group — September (Special Events) — Trinity Tents & Events Chamber Spotlight (Courtesy of FROGGY 92.9): — August — TD Freedman Investigations — September — thinkavocado.com Business Resource Program Baluyut mentioned that Kathy Forbes has resigned from her position as subcommittee chair for the program. He praised her for the hard work and effort that she has put in from the many past years that she has been affiliated with the chamber. Hopefully Kathy will be able to re -join the committee at a later time. Baluyut expressed the need for a new subcommittee chair and to please contact him with any volunteers or suggestions. We will need to run the Zoomerang survey one more time to see final results and feedback. Board Update Brown gave an update on the following: • Mixer, Wednesday, August 18, 2004 at 5:30pm at X-Treme Fit. • Ambassador Networking Breakfast, Wednesday, August 25, 2004 at 7:30am at the Embassy Suites Hotel — Temecula Valley Wine Country. • Legislative Summit, September 10, 2004 at 7:30am at Pechanga Resort & Casino. • Monte Carlo Extravaganza, September 15, 2004 from 5:30pm to 8:30pm at Wilson Creek Winery. • Leadership Academy, September 18, 2004 at 8:OOam at Pala Mesa Resort. • New addition of Kimberly Adams as the Deputy Director for the TVCVB and Carrie Thomas' departure. Adjournment Thank you for attending! NEXT MEETING: September 15t", 2004 at 8:OOam Location: TVCC Conference Room Sponsored by Community Little Book Temecula Valley Chamber of Commerce Membership and Marketing Meeting Minutes Wednesday, August 11, 2004 8:00 a.m. — 9:00 a.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve ais goodwill representatives and strive to enhance the value of membership encouraging ongoing dialogue between members. Committee Chair: Timmy Daniels Board Liaison: Stan Harter Co -Chair: Judy Zulfiqar Committee Present: Isabelle Mizrahi, Kirby Bown, Ginny Mulhern, Tamara Warren, Jan Gentry, Dan Brunell, Bill Seltzer, Solange Sheppy, LaVona Lacy, Bruce Cripe, Bob Hagel, Theresa Lim, Anne Preston, David Bush, Jacob Tomseth, Don Myers, Eltha Banks, Timmy Daniels Board Liaisons Present: Stan Harter Staff Present: Alice Sullivan, Cora Saxarra & Shirley Eilek Minutes Committee chair Timmy Daniels called the meeting to order at 8:07a.m. The minutes of the previous meeting were reviewed and motioned for approval by Kirby Bown and seconded by Dan Brunell; which carried. Membership Report The committee reviewed the Membership packet. Currently there are 1,358 members (reflects 23 new members, 99 renewals, 34 drops). A one- time pass will be given out to the visitors and interested potential members ($20.00 value) who want to attend TVCC events. If a non-member attended a TVCC event and paid $20.00 but joined at a later date the first $20.00 will be applied to the membership dues. Follow Up Calls: Seltzer complimented Dan Brunell Theresa Lim and Dave Bush for the job well done calling and welcoming new members. 4`h of July Extravaganza 4` of July Extravaganza recap were distributed to the committee. Gentry and Seltzer suggested to having a large sign that would stand out. Other suggestions: early start, more give away and a way to track attendance. Ribbon Cutting: Ribbon cutting schedules will now be available at the Chamber website (www.temecula.org) below the; Membership section and subsection, as well as Membership Committee events. There were 4 ribbon cuttings attended by the staff and ambassadors for the month of August. Roundtable Discussion: Roundtable Discussion Friday, August 6th. Topic: Finding, Hiring and Keeping Employees. EDD, CalWorks Gain and Inland Management Group help facilitate the discussion. September Topic will be Customer and Employee Appreciation Discount Program Listing: Phone number contact person and category of the participating businesses were added to the membership discount listing that is available on the website. Membership Workshop: Ambassadors and committee members are encouraged to attend the membership workshop, facilitated by Anne Preston. Bush would like to invite more business and sales associates to attend. Mixer: Over 200 members and visitors attended the August 18`h I" Temecula Valley Chamber of Commerce mixer, hosted by X-Treme Fit Self Defense Fitness. Ambassador Networking Breakfast Wednesday, August 25` 7:30 — 9:30 a.m. Embassy Suites Hotel Temecula Valley Wine Country. Bob Moore of Pac West Telecomm and Michael Scalise of Black Tie Production are the two -business spotlight for the month of September. Director Bette Endersen suggested the committee chair make the announcement of their committee event during the networking breakfast. Next Ambassador Networking Breakfast will be September 22, 2004. Networking Organization Policy A 2004-2005 networking organization policy draft was given to the committee. Membership Department suggested increasing the dues of such organization due to the increase number of members representing the organization. Second Vice Chairman of the Board Bruce Cripe suggested to look into the number of the Board of Director of the organization and based the dues from there. Staff will be working on the final policy. Meeting adjourned: Next Meeting Date: Wednesday, October 13, 2004 at 8:OOam Chamber Boardroom Sponsored By: Community Little Book 12 Temecula Valley Chamber of Commerce Special Events Committee Meeting Minutes August 17, 2004 Chairperson: Jennifer Jones Co -Chair: Melodee Leavitt Board Liaisons: Bette Endresen, Joan Tussing Members Present: Laura Bruno, Cheryl Cave, Jennifer Jones, Rose Kampilla, Melodee Leavitt, and Karen Ratkowski. Board Present: Greg Brown, Bruce Cripe, Bette Endresen, and Joan Tussing, Staff Present: Alice Sullivan, Melissa Hayer, Jennifer Malek, and Michelle Eilek Approval of Minutes Bruno made a motion to approve the July 20a' meeting minutes as written. Tussing second the motion, which carried. Economic Outlook Conference Endresen gave the special events committee an overview of the proposed changes for next year's event. Suggestions for next year's event include: an afternoon agenda (4pm- 6pm) with wine tasting and cheese & vegetable display, Dr. James Dodi with Chapman University as guest speaker, facility set up as classroom setting, informative conference and networking opportunity. A project form was Next meeting will be Tuesday, August 315` at 8:00 a.m. at the TVCC. Legislative Summit The 2004 Legislative Summit will take place on September 10`h at Pechanga Resort & Casino. Topics for the event will be budget, energy, workers' comp, and tribal relations. Dan Walters, syndicated columnist for the Sacramento Bee has been confirmed to facilitate the event. Panelists confirmed to date: David Crane, Special Advisor to Governor Schwarzenegger, Insurance Commissioner John Garamendi, Senator Bill Morrow, and a representative from Pechanga. Legislative Summit will be a breakfast buffet with a timeline as follows: 7:30-8:15 a.m. Breakfast and Networking 8:15-10:00 a.m. Presentations 10:00-10:30 a.m. Question and Answer Cost $35.00 The next committee meeting will be Thursday, July 29th at 8:30 a.m. at the TVCC Monte Carlo Extravaganza Staff discussed a Caribbean theme for Monte Carlo. The committee suggested having a steel drum band for entertainment. The committee also enjoyed the idea of celebrity dealers. Next committee meeting will be August 3rd, 2004 at 12 noon at Wilson Creek Winery. Business Showcase Event will be held. October 201h, 2004 from 5:00 p.m. to 8:00 p.m. at the Promenade in Temecula. Staff is currently in contact with Antoinette from the Promenade for the exact location. Staff will contact Scott McIntosh with Johnson Rental Services in assistance for electricity needs for the event. Individuals interested in Business Showcase committee: Cave, Deluca-Gaitan, Kampilla, Pelle, and Tomseth. Next committee meeting will be August 10`h, 2004 at 9:00 a.m. at the TVCC. Installation Jenifer Wilson, Cherise Manning, and Jennifer Jones will co-chair the Installation committee. Staff and Installation chairs will discuss a date for the first committee meeting. Board Update Sullivan announced that the Leadership Academy still needs more applicants. The deadline for entries is Friday, August 201h. Next Board Meeting will be on July 22"d at 7:30 a.m. at the TVCC boardroom. Committee Update Next Mixer will be Wednesday, August 18`h at Cutting Edge Staffing from 5:30p.m. - 7:30p.m. The Ambassador Networking Breakfast is Wednesday, July 22"d at 7:30 a.m. at the Embassy Suites Hotel. A Round Table Discussion will be held on Friday, September I oth, 2004 at 11:00 a.m. at Pat & Oscars Restaurant. Next Meeting Date Tuesday, September 21" at 11:30 a.m. at the TVCC Boardroom sponsored by Community Little Book. EDqW September 16, 2004 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92589-9033 RE: EDC Activity Summary — August 2004 Business and Workforce Development Staff responded to the following 8 business and workforce development requests in August 2004: Date Lead Source Request Action Taken 8/04/04 Walk -In Client representing investors Provided client with information about Temecula, seeking information about Munieta and Lake Elsinore and faxed additional Southwest California. appropriate news articles. 8/11/04 Phone Client seeking referrals for local EDC was referred to client by Rob Moran. EDA. Called manufacturers that assemble valve client to follow up with request and was advised that parts. original request was made to FDA over 7 months ago. Client as since found a manufacturer in San Fernando Valley. 8/17/04 Phone Client representing developer Referred client to both City of Murrieta and Economic seeking information about I- Alliance. 15/Clinton Keith feasibility study. 8/20/04 Phone Client wants to open small Referred Client to Allen Jaszcar, Inland Empire Small business in Temecula, needs SBA Business Development Center. Client was at "idea" funding. stage of business and required assistance vrith a business plan. 8/24/04 E-mail Local business seeking to fill Forwarded request to Guidant's HR deparrment. open positions and requested information regarding lay-offs at Guidant and available personnel. 8/27/04 Phone Client reporting difficulty getting Contacted the fire department inspector to facilitate final fire department inspection communication with client. for business in Lake Elsinore. 8/27/04 Phone Client is a local R.E. broker and Mailed client an Economic Alliance demographic requested information on brochure and marketing CD ROM. Southwest Calif to put together a corporate presentation. 8/27/04 Phone Local business seeking to fill Forwarded request to Guidant's HR department. open positions and requested information regarding lay-offs at Guidant and available personnel. Jim O'Grady City of Temecula EDC Activity Summary — August 2004 Page 2 of 2 Community Outreach Staff and/or directors attended the following meetings/events to promote or support economic development/community outreach: • TVCC Partners in Education Meeting (8/2) • Komen Race for the Cure Planning Meetings (8/4, 8/10 and 8/13) • Temecula Valley Unified School District Board Meeting (8/17) • Southwest California Networking Meeting (8/17) • Southwest California Economic Alliance Regional Update Breakfast (8/18) • Great Oaks High School Dedication (8/19) • Comcast Cable interview message about Quarterly Lunch (8/20) • California Open Golf Tournament — Volunteer in Economic Alliance booth (8/31) Business Retention • Business Relations Committee Meeting (8/5) — Meeting minutes are attached. Administration/Organization • EDC Transportation and Infrastructure Committee Meeting (8/12) • EDC Industrial Committee meeting — Rescheduled for September 1. • EDC Education Committee Meeting (8/13) — Meeting cancelled through summer months. • EDC Board of Directors Meeting (8/19) - Meeting minutes are attached. • Administration - Staff managed the daily operations of the EDC office; managed website updates; prepared and mailed membership renewal materials; sent membership materials to two prospective members; and distributed the following business development/community announcements: ➢ Valley EDC Business Expo ➢ Temecula Valley Chamber of Commerce 2004 Legislative Summit ➢ Southwest California Economic Alliance Commuter Computer ➢ UCR & Temecula Valley Chamber of Commerce Leadership Academy 2004 ➢ EDC Quarterly Lunch Announcement ➢ The Gas Company Energy -Saving Rebates This concludes the activity summary for August 2004. Should you have questions or need further detail, please call me at 677-1862. Respectfully, fi1l�t.J ��lBtn�a- Diane Sessions Executive Director EDUCATION COMMITTEE MEETING MINUTES Temecula Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Thursday, August 12, 2004 9:30 a.m. Chairperson: Donna Wilder (Present) Members Present: Danielle Clark, Lynn Laing, Solange Sheppy, Cheryle Steddom, Mark Margolin, Jacgb Tomseth, Billie Blair, Alphonso Allen Board Liaison: Greg Morrison (absent), Greg Brown (absent) Staff Present: Laura Tumbow Approval of Minutes Sheppy made a motion to approve the July 8, 2004 meeting minutes as written. Laing seconded the motion, which carried. 2004/2005 Education Budget Staff and committee members will begin attending Chamber mixers and other events displaying a collection bcx for donations to the scholarship fund. Sheppy will assist at the August Mixer at Extreme Fit. Youth Job Fair This event will be reviewed at the September meeting. School Employee Recognition Committee feels that the recognition program should cover one full year of employment. Sheppy, Blair, Clark and Allen will assist in creating the application. Criteria for judging needs to be established. Committee should include community involvement as part of the criteria. Partners in Education Margolin stated that the Partners in Education would be presenting their annual report to the school board the following week. A few of their programs for the upcoming year are the speakers bureau, career video, students in government and career day. A sub -committee is currently working with the TVUSD to determine the Career Pathways, as the videos will mirror these pathways. The Career Video Sub -committee will reevaluate how the videos will be used. School and Colleges Update MSJC — Wilder reported she had 55 occupational internships last semester. Classes begin on August 16, 2004. Board Update • Legislative Update — Scheduled for September 1 Oth. Dan Walters of the Sacramento Bee, Insurance Commissioner John Garamendi, Senator Bill Morrow and a representative from Pechanga are a few of the scheduled presenters. • Leadership Academy —Applications are now being accepted for Leadership Academy 2004. A group of very distinguished speakers have been gathered to facilitate and instruct. The cost to participate is $1,250 and attendance is limited. • Wilder reported that Sunrise Rotary is holding an event on August 28'h at South Coast Winery. The Riverside Symphony Orchestra will be performing. Meeting adjourned. Thank You! Next Education Committee Meeting is Thursday, September 9, 2004, 9:30 a.m. in the Temecula Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Government Action Committee A Joint Committee of Murrieta and Temecula Chambers of Commerce Meeting Minutes Monday, August 16, 2004 Murrieta Chamber of Commerce Present: Roger Ziemer (Chairman), Peg Moore, Ralph Ferro, Dennis Frank, Al Volbrecht, Karen Wikert, Solange Sheppy, Aaron Adams, John Telesio, Peter Zullo, Aaron Knox, Kevin Jefiiies, Ken Abrey, Bob Lopez, Kelly Battin, Paul ONeal, Jeff Greene Staff: Valerie Preston— Murrieta; Alice Sullivan, Laura Turnbow — Temecula Meeting was called to order by Ziemer at 12:00 pm. II. Self Introductions III. Approval of July Meeting Minutes IV. State reports A. CA State Senator Hollingsworth - No report B. CA State Senator Battin - K. Battin reported Identity Theft Workshop to take place on September 9th in Hemet and Sun City. Advised be aware of AB2832 to increase minimum wage and various benefits. SB 1809 Sue Your Boss has been revised. C. CA State Assemblyman Haynes - Green reported final rush for bill approval. D. CA State Assemblyman Benoit- No report. V. Legislative Reports A. U.S. Congressional District 43, Calvert - No report. B. U.S. Congressional District 45, Mary Bono - No report. C. U.S. Congressional District 48, Issa - No report. VI. City Reports A. City of Murrieta — No report. B. City of Temecula= Adams expressed City's concern regarding bill 1609. VII. Chamber Reports A. Temecula - Sullivan reported assisted at Town Hall meeting on Friday, August 13, over 900 - in attendance. B. Murrieta - Preston reported Chamber had moved to new offices. Ziemer reported Doing Business in California will be topic at Legislative Summit to take place on Sep. 10`h at Pechanga. Panelists will discuss Workman's Compensation, Indian Gaming, Energy related issues and the Budget. VIII. Knox/TMG and Abrey/Cal Pine presented opposition to AB2006 and Lopez/SCE gave supporting information for A132006. Open discussion. IX. Meeting adjourned 1:00 pm TEMECULA VALLEY CHAMBER OF COMMERCE Local Business Promotions Committee MEETING MINUTES Wednesday, August 18t', 2004, @ 8:00am TVCC Conference Room Sponsored by Community Little Book Committee Chair: Bert Baluyut (present) Co -Chair: Kurt Peck (present) Board Liaison: Greg Brown (present) Members Present: Carole Crocker, Bob Hagel, Laura Bruno, Ron Katzin, Kirby Bown, Clint McCain, Billy Banks, Lisa Fuess Staff: Carrie Kumano Welcome & Introductions Baluyut called the meeting to order at 8:10am. Self introductions were made around the room. Approval of Minutes Bown made a motion to approve the July 21, 2004 meeting minutes as written and Crocker seconded the motion, which carried. Shop Temecula First Crocker explained the program to the new members of the chamber. The ne'N registration for was handed out with the $65.00 charge instead of the $95.00 charge since we have now completed the first rewards month. The business winner was Frame Designs, Inc. and the customer winner was Kerry Grana of Temecula. The winners will be advertised at the mixer and networking breakfast to promote more interest in the campaign. We currently have 53 participants in the program. The subcommittee needs to push for more participants before November in order to reach our goal of 100 participants. Crocker mentioned that if selling is not your strong point, just let the potential business know that someone will contact them soon to give them the necessary information regarding the program. Crocker asked if anyone had any ideas on changing the name, as long as "Temecula" was still included. The committee stated to just drop the "First' and go to "Shop Temecula." Member Recognition Program Hagel explained the program to the new attendees. Hagel has created a portable sign that will be taken to the various events to promote the programs. Hagel suggested listing the winners on the chamber website for more recognition. Hagel is now working on a re -useable badge that may be wom by the winners for the month. Hagel reviewed the monthly winners. • Mystery Shopper Program (Courtesy of DHL Business Solutions & The Californian): — August — Banks Wellness Center - September - Provident Bank • Businesses of the Month (Courtesy of KMYT 94.5 FM): - August (Education) - California Coast Credit Union - August (Education) - Leading & Learning, Inc. - September (Special Events) - Aloris Design Group -- September (Special Events) - Trinity Tents & Events • Chamber Spotlight (Courtesy of FROGGY 92.9): - August - TD Freedman Investigations - September - thinkavocado.com Business Resource Program Baluyut mentioned that Kathy Forbes has resigned from her position as subcommittee chair for the program. He praised her for the hard work and effort that she has put in from the many past years that she has been affiliated with the chamber. Hopefully Kathy will be able to re -join the committee at a later time. Baluyut expressed the need for a new subcommittee chair and to please contact him with any volunteers or suggestions. We will need to run the Zoomerang survey one more time to see final results and feedback. Board Update Brown gave an update on the following: • Mixer, Wednesday, August 18, 2004 at 5:30pm at X-Treme Fit. • Ambassador Networking Breakfast, Wednesday, August 25, 2004 at 7:30am at the Embassy Suites Hotel - Temecula Valley Wine Country. • Legislative Summit, September 10, 2004 at 7:30am at Pechanga Resort & Casino. • Monte Carlo Extravaganza, September 15, 2004 from 5:30pm to 8:30pm at Wilson Creek Winery. • Leadership Academy, September 18, 2004 at 8:OOam at Pala Mesa Resort. • New addition of Kimberly Adams as the Deputy Director for the TVCVB and Carrie Thomas' departure. Adjournment Thank you for attending! NEXT MEETING: September 15`h, 2004 at 8:OOam Location: TVCC Conference Room Sponsored by Community Little Book Temecula Valley Chamber of Commerce Membership and Marketing Meeting Minutes Wednesday, August 11, 2004 8:00 a.m. — 9:00 a.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill representatives and strive to enhance the value of membership encouraging ongoing diialogue between members. Committee Chair: Timmy Daniels Board Liaison: Stan Harter Co -Chair: Judy Zulfigar Committee Present: Isabelle Mizrahi, Kirby Bown, Ginny Mulhern, Tamara Warren, Jan Gentry, Dan Brunell, Bill Seltzer, Solange Sheppy, LaVona Lacy, Bruce Cripe, Bob Hagel, Theresa Lim, Anne Preston, David Bush, Jacob Tomseth, Don Myers, Eltha Banks, Timmy Daniels Board Liaisons Present: Stan Harter Staff Present: Alice Sullivan, Cora Saxarra & Shirley Eilek Minutes Committee chair Timmy Daniels called the meeting to order at 8:07a.m. The minutes of the previous meeting were reviewed and motioned for approval by Kirby Bown and seconded by Dan Brunell; which carried. Membership Report The committee reviewed the Membership packet. Currently there are 1,358 members (reflects 23 new members, 99 renewals, 34 drops). A one- time pass will be given out to the visitors and interested potential members ($20.00 value) who want to attend TVCC events. If a non-member attended a TVCC event said paid $20.00 but joined at a later date the first $20.00 will be applied to the membership dues. Follow Up Calls: Seltzer complimented Dan Brunell Theresa Lim and Dave Bush for the job well done calling and welcoming new members. 4sh of July Extravaganza 4 of July Extravaganza recap were distributed to the committee. Gentry and Seltzer suggested to having a large sign that would stand out. Other suggestions: early start, more give away and a way to track attendance. Ribbon Cutting: Ribbon cutting schedules will now be available at the Chamber website (www.temecula.ore) below the, Membership section and subsection, as well as Membership Committee events. There were 4 ribbon cuttings attended by the staff and ambassadors for the month of August. Roundtable Discussion: Roundtable Discussion Friday, August 61h. Topic: Finding, Hiring and Keeping Employees. EDD, CalWorks Gain and Inland Management Group help facilitate the discussion. September Topic will be Customer and Employee Appreciation Discount Program Listing: Phone number contact person and category of the participating businesses were added to the membership discount listing that is available on the website. Membership Workshop: Ambassadors and committee members are encouraged to attend the membership workshop, facilitated by Anne Preston. Bush would like to invite more business and sales associates to attend. Mixer: Over 200 members and visitors attended the August 181h 1" Temecula Valley Chamber of Commerce mixer, hosted by X-Treme Fit Self Defense Fitness. Ambassador Networking Breakfast Wednesday, August 25` 7:30 — 9:30 a.m. Embassy Suites Hotel Temecula Valley Wine Country. Bob Moore of Pac West Telecomm and Michael Scalise of Black Tie Production are the two -business spotlight for the month of September. Director Bette Endersen suggested the committee chair make the announcement of their committee event during the networking breakfast. Next Ambassador Networking Breakfast will be September 22, 2004. Networking Organization Policy A 2004-2005 networking organization policy draft was given to the committee. Membership Department suggested increasing the dues of such organization due to the increase number of members representing the organization. Second Vice Chairman of the Board Bruce Cripe suggested to look into the number of the Board of Director of the organization and based the dues from there. Staff will be working on the final policy. Meeting adjourned: Next Meeting Date: Wednesday, October 13, 2004 at 8:00am Chamber Boardroom Sponsored By: Community Little Book 1 Temecula Valley Chamber of Commerce Special Events Committee Meeting Minutes August 17, 2004 Chairperson: Jennifer Jones Co -Chair: Melodee Leavitt Board Liaisons: Bette Endresen, Joan Tossing Members Present: Laura Bruno, Cheryl Cave, Jennifer Jones, Rose Kampilla, Melodee Leavitt, and Karen Ratkowski. Board Present: Greg Brown, Bruce Cripe, Bette Endresen, and Joan Tussing, Staff Present: Alice Sullivan, Melissa Hayer, Jennifer Malek, and Michelle Eilek Approval of Minutes Bruno made a motion to approve the July 20`s meeting minutes as written. Tussing second the motion, which carried. Economic Outlook Conference Endresen gave the special events committee an overview of the proposed changes for next year's event. Suggestions for next year's event include: an afternoon agenda (4pm- 6pm) with wine tasting and cheese & vegetable display, Dr. James Dodi with Chapman University as guest speaker, facility set up as classroom setting, informative conference and networking opportunity. A project form was Next meeting will be Tuesday, August 3151 at 8:00 a.m. at the TVCC. Legislative Summit The 2004 Legislative Summit will take place on September 10`s at Pechanga Resort & Casino. Topics for the event will be budget, energy, workers' comp, and tribal relations. Dan Walters, syndicated columnist for the Sacramento Bee has been confirmed to facilitate the event. Panelists confirmed to date: David Crane, Special Advisor to Governor Schwarzenegger, Insurance Commissioner John Garamendi, Senator Bill Morrow, and a representative from Pechanga. Legislative Summit will be a breakfast buffet with a timeline as follows: 7:30-8:15 a.m. Breakfast and Networking 8:15-10:00 a.m. Presentations 10:00-10:30 a.m. Question and Answer Cost $35.00 - The next committee meeting will be Thursday, July 29th at 8:30 a.m. at the TVCC Monte Carlo Extravaganza Staff discussed a Caribbean theme for Monte Carlo. The committee suggested having a steel drum band for entertainment. The committee also enjoyed the idea of celebrity dealers. Next committee meeting will be August 3rd, 2004 at 12 noon at Wilson Creek Winery. Business Showcase Event will be held. October 201h, 2004 from 5:00 p.m. to 8:00 p.m. at the Promenade in Temecula. Staff is currently in contact with Antoinette from the Promenade for the exact location. Staff will contact Scott McIntosh with Johnson Rental Services in assistance for electricity needs for the event. Individuals interested in Business Showcase committee: Cave, Deluca-Gaitan, Kampilla, Pelle, and Tomseth. Next committee meeting will be August 10`h, 2004 at 9:00 a.m. at the TVCC. Installation Jenifer Wilson, Cherise Manning, and Jennifer Jones will co-chair the Installation committee. Staff and Installation chairs will discuss a date for the first committee meeting. Board Update Sullivan announced that the Leadership Academy still needs more applicants. The deadline for entries is Friday, August 20d. Next Board Meeting will be on July 22°d at 7:30 a.m. at the TVCC boardroom. Committee Update Next Mixer will be Wednesday, August 18d' at Cutting Edge Staffing from 5:30p.m. - 7:30p.m. The Ambassador Networking Breakfast is Wednesday, July 22°d at 7:30 a.m. at the Embassy Suites Hotel. A Round Table Discussion will be held on Friday, September 10`h, 2004 at 11:00 a.m. at Pat & Oscars Restaurant. Next Meeting Date Tuesday, September 215` at 11:30 a.m. at the TVCC Boardroom sponsored by Community Little Book. EDqW September 16, 2004 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92589-9033 RE: EDC Activity Summary — August 2004 Business and Workforce Development Staff responded to the following 8 business and workforce development requests in August 2004: Date Lead Source Request Action Taken 8/04/04 Walk -In Client representing investors Provided client with information about Temecula, seeking information about Murrieta and Lake Elsinore and faxed additional Southwest California. appropriate news articles. 8/11/04 Phone Client seeking referrals for local EDC was referred to client by Rob Moran, EDA. Called manufacturers that assemble valve client to follow up with request and was advised that parts. original request was made to EDA over 7 months ago. Client as since found a manufacturer in San Fernando Valley. 8/17/04 Phone Client representing developer Referred client to both City of Murrieta and Economic seeking information about I- Alliance. 15/Clinton Keith feasibility study. 8/20/04 Phone Client wants to open small Referred Client to Allen Jaszcar, Inland Erapire Small business in Temecula, needs SBA Business Development Center. Client was at "idea" funding. stage of business and required assistance with a business plan. 8/24/04 E-mail Local business seeking to fill Forwarded request to Guidant's HR department. open positions and requested information regarding lay-offs at Guidant and available personnel. 8/27/04 Phone Client reporting difficulty getting Contacted the fire department inspector to facilitate final fire department inspection communication with client. for business in Lake Elsinore. 8/27/04 Phone Client is a local R.E. broker and Mailed client an Economic Alliance demographic requested information on brochure and marketing CD ROM. Southwest Calif to put together a corporate presentation. 8/27/04 Phone Local business seeking to fill Forwarded request to Guidant's HR department. open positions and requested information regarding lay-offs at Guidant and available personnel. Jim O'Grady City of Temecula EDC Activity Summary — August 2004 Page 2 of 2 Community Outreach Staff and/or directors attended the following meetings/events to promote or support economic development/community outreach: • TVCC Partners in Education Meeting (8/2) • Komen Race for the Cure Planning Meetings (8/4, 8/10 and 8/13) • Temecula Valley Unified School District Board Meeting (8/17) • Southwest California Networking Meeting (8/17) • Southwest California Economic Alliance Regional Update Breakfast (8/18) • Great Oaks High School Dedication (8/19) • Comcast Cable interview message about Quarterly Lunch (8/20) • California Open Golf Tournament — Volunteer in Economic Alliance booth (8/31) Business Retention • Business Relations Committee Meeting (8/5) — Meeting minutes are attached. Administration/Oreanization • EDC Transportation and Infrastructure Committee Meeting (8/12) • EDC Industrial Committee meeting — Rescheduled for September 1. • EDC Education Committee Meeting (8/13) — Meeting cancelled through summer months. • EDC Board of Directors Meeting (8/19) - Meeting minutes are attached. • Administration - Staff managed the daily operations of the EDC office; managed website updates; prepared and mailed membership renewal materials; sent membership materials to two prospective members; and distributed the following business development/community announcements: ➢ Valley EDC Business Expo ➢ Temecula Valley Chamber of Commerce 2004 Legislative Summit ➢ Southwest California Economic Alliance Commuter Computer ➢ UCR & Temecula Valley Chamber of Commerce Leadership Academy 2004 ➢ EDC Quarterly Lunch Announcement ➢ The Gas Company Energy -Saving Rebates This concludes the activity summary for August 2004. Should you have questions or need further detail, please call me at 677-1862. Respectfully, 1 Diane Sessions Executive Director ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE Thursday, August 5, 2004 - 9:00 a.m. Southwest Community Bank 26755 Jefferson Avenue, Suite C, Murrieta, CA 92562 Committee Members Present: Lisa Marie Ellis, Cutting Edge Staffing Stan Harter, Mirau, Edwards, Cannon, Harter & Lewin Lane McGhee, ARROW STAFF Resources Greg Prudhomme, Kuebler Prudhomme & Company Diane Sessions, Economic Development Corporation Harry Shank, Southwest Community Bank Staff: Liz Yuzer, Economic Development Corporation Call To Order • Chair Stan Harter called the meeting to order at 9:10 a.m. Follow-up Action Reports • None Company Contact Reports • Southwest Community Bank — Harry Shank provided a survey update on Southwest Community Bank. Mr. Shank reported that they were a full -service bank although they focused on commercial lending. The branch had been located in Murrieta for one and a half years and bank headquarters were located in Carlsbad. Southwest Community Bank was the #1 SBA lender in San Diego County. Mr. Shank indicated that an advantage to doing business in the area was the growth and a disadvantage was the traffic. New services provided by Southwest Community Bank were mobile home financing and construction of storage facilities. They leased their 3,000-square-foot facility and may need to expand their facility due to the growth in the area. Enhancement or improvement of telecommunications technology would be beneficial although they have the infrastructure needed at the present time. Mr. Shank reported that they had five full- time employees at the Murrieta branch who all resided in Murrieta and Temecula. They plan to add one more employee as their business grows and primarily use employment agencies for recruitment. Employees are required to possess technical skills, computer skills, finance skills, and other specialized business and office skills. Employee training is done in-house. Mr. Shank indicated that he was happy doing business in Southwest Riverside County and would be willing to be a contact person for companies relocating to this area. Goal Progress Report • Diane Sessions announced that visits and phone interviews in the first month of the fiscal year were as follows: Goal: 60 surveys completed. YTD VISIT PHONE SURVEYS Goal 60 Actual 1 0 1 Business Relations Committee Meeting Minutes — August 5, 2004 Page 2 of 2 Ms. Sessions presented the 2003-2004 Annual Report which included a breakdown of retention visits/calls to Temecula and Murrieta companies, as well as the action/responses report on requests for information or assistance. Stan Harter presented certificates of appreciation to Harry Shank for "Best Attendance" and "Most Visits". Jim O'Grady tied for "Best Attendance" but was not present to receive his certificate. New Committee Assignments - The committee reviewed a list of EDC members and their retention visit histories. Assignments were made for calls to the following companies: Acrathon Precision Technologies — Greg Prudhomme Anser Coating — Diane Sessions Banner American Products — Lane McGhee Boston Scientific — Lisa Mane Ells CDM Group, Inc. — Harry Shank D. L. Phares & Assoc. — Lane McGhee and Harry Shank Keeton Construction — Diane Sessions and Lisa Marie Ells Near -Cal Corporation — Diane Sessions and Greg Prudhomme Quality Control Solutions, Inc. — Lane McGhee Rancon Real Estate Corp. — Diane Sessions and Harry Shank Transportable Case Supply Center — Stan Harter Southern California Gas Company — Stan Harter Southwest Healthcare System — Diane Sessions Swenson Advisors — Stan Harter Temecula Valley Drywall and Timberlake Painting — Greg Prudhomme The Californian — Diane Sessions The Promenade in Temecula — Stan Harter Thermal Electronics, Inc. — Lane McGhee TransWestern Publishing — Lisa Mane Ells Wells Fargo — Murrieta — Harry Shank Wells Fargo — Temecula — Harry Shank Open Discussion • EDC Board Update — Diane Sessions reported that the next Quarterly Luncheon would be held September 23, 2004 at Pechanga Resort and Casino. The speaker would be Colonel Pete Bentley (Ret), former commander of March Air Reserve Base, who would speak about the lobbying effort to keep this base in operation. Adjournment The meeting adjourned at 10:20 a.m. DRAFT ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, August 19, 2004 - 9:00 a.m. Murrieta Police Department 24701 Jefferson Avenue, Murrieta, CA 92562 BOARD MEMBERS DRAFT EDC STAFF I MEMBERS AND GUESTS Marlene Best, City of Lake Elsinore Diane Sessions Col. Pete Bentley Ken Carlisle, Guidant Corporation Liz Yuzer Chris Masino, CDM Group Richard Domagalski, Wells Fargo Mike Murray, Verizon Stevie Field, Southwest California Economic Alliance Chuck Washington, Dennis Frank, UC Riverside Extension City of Temecula Kimberly Frieze -Uhler, Rancho Physical Therapy Gary George, Verizon Stan Harter, Mirau, Edwards, Cannon, Harter & Lewin Scott Hurst, ProjectDesign Consultants Lori Moss, City of Murrieta Jim O'Grady, City of Temecula Rex Oliver, Murrieta Chamber of Commerce Greg Prudhomme, Kuebler Prudhomme and Company Harry Shank, Southwest Community Bank Joan Sparkman, Temecula Valley Bank Gary Youmans, Community National Bank Roger Ziemer, The Gas Company CALL TO ORDER • Board President Dennis Frank called the meeting to order at 9:10 a.m. He introduced new Corporate member and board member Richard Domagalski from Wells Fargo in Temecula. APPROVE AGENDA • Motion was made by Joan Sparkman, seconded by Ken Carlisle and carried unanimously to approve the agenda as presented. MINUTES • The Board reviewed the minutes of the July 15, 2004 Board of Directors Meeting. Motion was made by Jim O'Grady, seconded by Scott Hurst and carried unanimously to approve the minutes of the July 15, 2004 Board of Directors Meeting as presented. FINANCIAL REPORT • Amend Budget: Motion was made by Rex Oliver, seconded by Joan Sparkman and carried unanimously to amend the 2004-05 Budget to reflect a change in the value of in -kind services. This change was reflected both in revenues and expenditures and the budget remained balanced. • July 31, 2004 Financial Reports: The Board reviewed the July 31, 2004 Financial Report that showed total monthly revenues of $28,682, total expenses of $10,965 and total cash -in -bank of $102,577. Exhibit 3.0 Economic Development Corporation of Southwest Riverside County Board of Directors Meeting —August 19, 2004 Minutes — Page 2 of 4 Motion was made by Gary Youmans, seconded by Roger Ziemer and carried unanimously to approve the July 31, 2004 Financial Reports as presented. • Membership Renewals Update: Diane Sessions reported that 16 membership renewals had been received in the past month including two from former Manufacturers Council members. Renewal packages were distributed to those members present. NEW BUSINESS • Update on March Air Reserve Base: Roger Ziemer introduced Col. Pete Bentley, former commander at March Air Reserve Base, who now served as consultant to the March Joint Powers Authorityon matters relating to Base Realignment and Closure scheduled for 2005. He reported that California had 61 military installations, followed by Texas with 22 and March Air Reserve Base had 8,629 employees with a $154M payroll. An intense lobbying effort is underway in Washington D. C. by all communities in the United States with military installations. Most of the states are supporting this effort financially but in California this must be financed locally. Also needed are resolutions of support for the base from outlying communities. Motion was made by Rex Oliver, seconded by Joan Sparkman and carried unanimously to approve a $10,000 contribution from the EDC for this local effort. Chuck Washington suggested that a gift be made by the EDC representing Southwest Riverside County rather than individual cities. Marlene Best recommended that the EDC send a letter to outlying communities encouraging their support. Col. Bentley will be the featured speaker at the Quarterly Luncheon on September 23, 2004 at Pechanga Resort and Casino. • Article on Energy Crisis: Diane Sessions distributed a news release outlining California's enexgy crisis. Further discussion on this issue would take place at an upcoming meeting. • Update on EDC Corporate Name Change: Stan Harter reported that the corporate name change should be completed by the next board meeting. • Bylaw Review Committee Update: Stan Harter would review the current Bylaws and forward his recommendations to the board. • Utilities Updates: Gas — Roger Ziemer reported on AB 2006 and AB 426 and asked how the EDC might be able to support The Gas Company in their opposition to these bills. Joan Sparkman requested that Mr. Ziemer provide a handout with pros and cons to the bills at the next meeting. Mr. Ziemer also reported on plans for the Legislative Summit to be held September 10 at Pechanga Resort and Casino. Communications — Gary George announced that he was moving to a new position with Verizon and introduced Mike Murray as the new Verizon External Affairs representative for this area. He also reported on Verizon's efforts to bring fiber optics to Southwest California. • EDC Committee Updates: Business Relations Committee- Stan Harter reported that the commitlee held its last meeting at Southwest Community Bank and would continue to hold their meetings a various businesses whenever possible. Business Attraction Committee- Stevie Field reported that the regional broker breakfast was held yesterday; the Computer Computer had been launched on the Alliance website; Exhibit 3.1 Economic Development Corporation of Southwest Riverside County Board of Directors Meeting — August 19, 2004 Minutes — Page 3 of 4 Concordia University had moved to their new offices on Single Oak Road; and Stan Harter was working with the Alliance on issues regarding name protection. Education Committee- Diane Sessions disbibuted the minutes from the meeting of the Business Education Committee which is working on ways to educate the general public on how city services are financed. Roger Ziemer reported that the Valley Economic Development Corporation, of which he is a member, was also concerned about this issue and suggested that efforts between the two organizations be coordinated. Industrial Committee- No report available. Transportation and Infrastructure Committee- No report available. • EDC Administrative Update: The Board reviewed the July 2004 Activity Summary submitted by Diane Sessions. Ms. Sessions reported that the Summary of Activity for Fiscal Year 2003-2004 had been included with the board materials and encouraged members to review this report. The next Quarterly Lunch would be held September 23, 2004 at Pechanga Resort and Casino with Col. Pete Bentley as speaker. Ms. Sessions announced that sponsors were needed. Diane Sessions also reported that the latest issue of the Solid State Stamping newsletter had an article that referred to the efforts of the EDC and the Temecula Valley Chamber of Commerce to assist with their concerns regarding Workers Comp and utility costs. • City Updates: City of Lake Elsinore — Marlene Best reported that due diligence was being completed so that the new renter could take possession of the Diamond Stadium on October 1; upgrades at the Railroad Canyon Road interchange with I15 were approved; development of the Home Depot project as well as the new location for Costco, Lowes and Wells Fargo were moving forward; and staff had met with representatives of an auto dealership to explore a new facility. Ms. Best also announced that the Outlet Center had a new general manager and marketing coordinator and that renovations to the Center would begin in January. City of Murrieta — Lori Moss reported that $88M of construction was in process and that 2M square feet of commercial space was in the planning stages; the feasibility study for Wildomar annexation would be released September 1; and the California Open and Murrieta Pro -Am would begin August 31. City of Temecula —Jim O'Grady reported that the Great Oak High School dedication would be held at 5:30 today; the Children's Museum had opened in Old Town; other Old Town projects included the Theater, several other buildings under construction and site planning for the civic center at Main and Mercedes; bids for the new library would be received this fall; there is a great deal of activity in individual office buildings at 10,000-25,000 square feet; and major infrastructure projects are proceeding throughout the city. Mr. O'Grady also reported that they were moving into the next phase of updating the General Plan and Gary Youmans spoke about his work on that committee. Murrieta Chamber of Commerce — Rex Oliver reported that they had moved their offices and were pleased to have more space; they were redoing their website and data base and this project should be completed by the end of the year; their government action committee was being redesigned; and a new newspaper called the Murrieta Insider was being started in Murrieta and would be delivered to 3,000 homes. Exhibit 3.2 Economic Development Corporation of Southwest Riverside County Board of Directors Meeting — August 19, 2004 Minutes — Page 4 of 4 ADJOURNMENT • Dennis Frank thanked Lori Moss for hosting the board meeting and congratulated Murrieta Unified School District on their outstanding test scores. At 10:40 a.m., motion was made by Roger Ziemer, seconded by Joan Sparkman and carried unanimously to adjourn the board meeting. Respectively submitted by: Elizabeth Yuzer Recording Secretary Maryann Edwards Board Secretary Exhibit 3.3 EST takbmi� umftluk I oaia ar». OlydlriePAhm qo Sam Min sums TO: Bradley J. Hudson Jim O'Grady Lft5 , .CA9= Assistant County Executive Officer Assistant City Manager Riverside County EDA City of Temecula 60670124 FU=SUM Lori Moss Marlene Best Assistant City Manager Assistant City Manager City of Murrieta City of Lake Elsinore dyd-- W FROM: Stevie Field 2��a Manager, Business Development MumMt CAM 68 DATE: September 13, 2004 Fox soseeeeea SUBJECT: SOUTHWEST CALIFORNIA MONTHLY MARKETING UPDATE agdv'mr Dear Partners: rrnala CA9M Please consider this an update on the marketing activities for the Alliance as required in the usam" Southwest California (formerly Southwest Riverside County) Marketing for Business Attraction Agreement. Fa sex asrewe Leads During the month of August, six leads were generated. Of these leads, one was a referral from the Qn*d*Mdk EDC and five were direct contacts to the Alliance. ran.txMhpnWA Vr 27442&Urprin Grde Vft&* 101 GISIWebsite bn=k CA9= As a result of Alliance efforts, our GIS and website continue to generate interest. August was a soseao= record month with 3,930 visitors to our website. This is almost double our record month. An Fa ON 600" impressive 83.0% of all visitors log onto our site directly. Our new year to date (2004) web -site total is 16,403. Our GIS application had over 1,800 visitors during the month of August, totaling 27,897 visitors since its launch in January 2003. Commuter Computer The Commuter Computer has been added to the Alliance website and is a hill This is one of the first in California and was designed so that the user will enter how many miles each way they drive, time spent on the freeway, gas prices etc., and it will calculate how many hours (total) and money they spend commuting each month. This figure will take into account car maintenance, insurance costs etc., which is a number release by AAA each quarter. Press releases have been sent out and as a result, the Alliance has made news on Yahoo! Finance, Yahoo! Finance UK and Ireland, CBS News, Press Enterprise, The Business Press, The Californian, The Cal Trade Report and a phone interview with Inland Empire News Radio that was broadcast on over 30 radio stations. We are updating the press release and getting ready to send it out again, hoping to reach other stations and commuters. '04-'06 MOU/Marketing Plan I am pleased to announce that I have received all signature pages from each of the Partners. I will forward an original set to your office this week. "Southwest California" Destination Branding As mentioned in previous monthly updates, the Alliance entered into contract with Stan A. Harter, Attorney of Mirau, Edwards, Cannon, Harter & Lewin. Stan has been working on the trade marking of the Southwest California name and logo for the Alliance. Thanks to this agreement, a cease and desist letter has already been drafted and released on behalf of the Alliance to an area resident who has filed the fictitious business name of "Southwest California Business Alliance" with the County of Riverside. A meeting is scheduled with Stan to review the trademark and policies associated with allowing an organization to use the Southwest California name. Apparently, they must have permission from the Alliance partners to do so. I will find out more information and provide an update at our next Alliance meeting. California Coen Golf Tournament I am pleased to announce that the Alliance successfully coordinated a business event in conjunction with the California Open Golf Tournament. Each partner had an opportunity to meet with our guests and discuss his business needs. Bruce Davis, Principal for Bluebird Biosciences had an excellent time. We started the event off with a three hour tour of the Southwest California region and lunch before heading off to the pairing party. In an email, Bruce writes: Thank you for your hospitality during my visit. I had a great time, and you passed on a tremendous amount of information that will be very helpful to Bluebird as we plan forward. 1'11 follow up with you in a few weeks. Once we work through the next round of our planning and funding, I'll be in a much better position to define our facility needs. The golf tournament airs on Fox Sports on September 20'" at 7:00 p.m. During this broadcast, the Alliance commercial will air for the first time. This show has been selected to air six times so far and our commercial will air each time during these broadcasts. Be sure to watch for it! We will discuss at our Alliance meeting if the California Open is something we would like to sponsor again next year. Broker Breakfast Our Broker Breakfast on August 1 e at the Temecula Creek Inn was a great success. With over 50 brokers in attendance and a few elected officials, it was one of our best breakfasts to date. Each partner shared a lot of information regarding their respective city and I provided an update on our new demographic piece and CD-ROM, Commuter Computer thejob database and other GIS and website improvements. Trade shows On behalf of the Alliance, I will attend the following conference and trade shows: International Economic Development Council (IEDC), Sept. 18-22 St. Louis, MO Industrial Asset Management Council ([AMC), Sept. 25-29 Memphis, TN National Association of Office and Industrial Properties (NAIOP) Oct. 19-22 San Diego, CA Southwest Airlines During the California Open, I had the opportunity to meet Kelly Yang, Marketing Manager for Southwest Airlines. Kelly and I met for lunch and discussed several ways that the Alliance and Southwest Airlines could collaborate marketing efforts. She will be meeting with her manager and discussing various ideas that were exchanged. These ideas included: ticket contributions for out of town guests who wanted to tour the region; ads and editorial in the in-flight magazine; their logo and link on the Alliance web -site and Southwest Airlines being the "Official Airline of Southwest California", to name a few. If you have any additional ideas on how we can best partner with Southwest, please do not hesitate to send me an email with your thoughts. On behalf of the Alliance, I attend the following meetings on an on -going basis: Murrieta-Temecula Group SWRC EDC Board Meetings Business Retention Committee Transportation and Infrastructure Committee Government Action Committee Business Attraction Advisory Committee LE EDC 1-15-1 Partnership Meetings Economic Development meetings concerning the Southwest California region If you need any additional information or have any questions, please contact me at (951) 696.1578. Sincerely, Stevie Field Manager, Business Development Copy: Belinda Graham Robert Moran APPROVAL CITY ATTORNEY _ DIRECTOR OF FIN NC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Polidey DATE: September 28, 2004 IJ SUBJECT: Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during August 2004. The Police Department responded to 57 "priority one" calls for service during the month of August, with an average response time of approximately 5.9 minutes. A total of 4,880 calls for police service were generated in the City of Temecula during the month. During August, the Temecula Police Department's Old Town Storefront served a total of 280 customers. Forty-eight sets of fingerprints were taken, 39 people filed police reports and 11 people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community -oriented programs during the month. He also coordinated requests for patrol ride-alongs and conducted police station tours. Additionally, lie continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. During August, the POP Teams continued their problem oriented policing approach of areas within the community and made eight felony and 10 misdemeanor arrests for various crimes. The function of the POP Teams is to address situations that typically require extended enforcement action or certain expertise in order to solve an on -going problem within a neighborhood. The POP Teams also continued working with the homeless by assisting them in relocation efforts whenever possible and appropriate. The POP Teams stepped up enforcement again in the area of Sam Hicks Park, which has been the site for a number of homeless related complaints by the public. The traffic team reported that during the month of August there were 1053 citations issued for hazardous violations, 89 citations were issued for non -hazardous violations and 75 parking citations were issued. During the month there were two injury traffic collisions, 54 non -injury collisions were reported and 21 drivers were arrested for DUI. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 88 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP (Stop Light Abuse Program) resulted in at least 243 citations being issued. Monthly Departmental Report — Police Department During the month of August, the POP officers assigned to the Promenade Mall handled a total of 27 calls for service. The majority of these calls were for shoplifting investigations. During the month, calls and on -sight activity resulted in the criminal arrest and filings on two felony and nine misdemeanor cases. Officers Joyner and Rahn continued to provide training to security staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There were no vehicle thefts and two vehicle burglaries reported during the month of August at the mall. The YAT program (Youth Accountability Team) continues to be a success in part through its Youth Court program. The YAT officer assisted at other schools when needed and conducted follow-ups with parents of juveniles in the program. Officer Medeiros also worked with "at risk" juveniles throughout the month and also conducted counseling sessions with their parents. She assisted the Riverside County District Attorney's Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of August. Officer Medeiros is currently carrying a caseload of about 30 at -risk juveniles. During the month of August, the Special Enforcement Team (SET Team), consisting of Officers Jeff Fisher and James Kaffka, continued their narcotic enforcement efforts. Officers Fisher and Kaffka made nine felony and 11 misdemeanor arrests for various crimes, including narcotic violations. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Lori Callahan and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 406 hours of service in August. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 84 hours of service to the community during the month of August. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 73 hours specifically on patrol in Temecula during August. The Temecula Citizen Corps Program continued to make good progress during the month of August. The executive body, or the TCC Council, continued to hold their bi-weekly meetings at Station 84. The council is comprised of representatives from the police and fire departments, the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a local citizen. Almost all of the volunteer leadership positions have now been filled, and the program is progressing well toward meeting the goals provided by members of the city council. The TCC continues to develop nicely, with more than 125 registered volunteers, boosted recruitment and training efforts. Recruitment continues and the organization's administrative and operational policies have been formalized and distributed. A TCC volunteer recognition luncheon took place at the Temecula Community Recreation Center on August 2181, which included an appearance by U.S. Congressman Darrell Issa. Monthly Departmental Report — Police Department 2 CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: September 28, 2004 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of August, 2004. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report August / September 2004 Prepared By: Amer Attar Submitted by: William G. Hughes Date: September 28, 2004 PROJECTS UNDER CONSTRUCTION 1. John Warner Road Assessment District Under this project an assessment district was formed. This district includes the construction of street and storm drain improvements in the John Warner Road area. RCW D water main extension work is complete. La Presa Loop is complete, as well as the remainder of paving and AC dike work. There are a few minor punch list items to complete, including slope hydroseeding. A preliminary job walk held with inspector and contractor on 9/20/04; final job walk is likely to be held (and project COMPLETE) the week of 9/27/04. 2. Rancho California Road Widening & Median Modifications East of Ynez Road The project will include the closing of the two median openings on Rancho California Road in front of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to improve traffic circulation. In addition, a dedicated right turn lane will be added on the eastbound direction on Rancho California Road at Ynez Road. As landscaping and irrigation work was approaching the point of final walk-through, a failure area was observed in the westbound lanes of Rancho California Road, just east of Town Center. Much investigation and discussion ensued to determine a course of action, resulting in no definitive determination of the cause of the failure, though excess water from the median irrigation system is suspected. Roadway repair was effected the week of 9/13/04. Final walk-through and project completion is anticipated the week of 9/27 04. 3. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. The acquisition of 4th Street right of way is complete. All environmental permits have been obtained. Construction started on 3-3-04 and the allowable working days (14 months + 16 days) extends to 5-05-05. Work is progressing on the erection of structural steel, framing and site utilities. 4. Pechanga Parkway Storm Drain Improvements — Phase II This project will construct the storm drain triple box culvert and the channel improvements north of Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project will be environmentally cleared in accordance with the California Environmental Quality Act (CEQA). Muirfield Drive is temporarily closed to residents. Detour signs have been installed to direct the residents around the construction zone. The contractor will complete the concrete box culvert south of the centerline of Loma Linda Road during the week of October 4. A traffic detour north of Loma Linda Road has been completed and pedestrians/school children have a separate sidewalk through the construction zone. The sidewalk has chain link fencing on each side to guide the pedestrians/school children through the construction zone. 1 R:\MonthlyActivityReport\CIP\2004\August- September.doc 5. Pechanga Parkway Phase 1113 Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2) The project includes construction of a grass lined channel/box culverts from Loma Linda Road to Deer Hollow Road. The contractor has completed the box culvert at Wolf Creek Drive North. The box culvert at Wolf Valley Road is currently under construction. A traffic detour south of Wolf Valley Road has been completed and pedestrians/school children have a separate sidewalk through the construction zone. The box culvert at Wolf Creek Drive South will begin after the sewer line for the Wolf Creek Sports Complex is completed. Completion date for the project is mid -December. 6. Diaz Road Realignment Phase I, Traffic Signals Under this project, two traffic signals will be installed, one on Diaz Road at Rancho Way and the other one on Rancho California Road at Business Park Drive/Vincent Moraga. Also, a northbound lane will be added on Diaz Road from Rancho Way to Via Montezuma (Low Flow Crossing). Contractor has completed the paving on Diaz Road. Contractor has completed most of the work and is waiting on the delivery of the traffic signal poles. 7. Vail Ranch Park (Near Pauba Valley School) -Add Amenities This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park. A pre -construction meeting was held on June 7th. The contractor submitted the equipment information for review and approval. Equipment and Polygon Shade Structure have been ordered. Construction will begin in late August. 6. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California Road. The design includes a complete reconstruction of the road within the project limits. In addition, problematic driveways will be reconstructed. Pavement rehab work on Diaz Rd is part of this project via Construction Change Order (CCO) No. 1 (per CC mtg dated 6/22104). Construction started 07/06/04. Griffith is working on Stampede Parking Lot (i.e., CCO No. 3). Other CCOs to come include additional CAB & 2.5' rock (due to unstable soil). When the Traffic Control Plan is approved, Griffith will begin the road work, which will include weekend & night work. The cameras on Del Rio & Via Montezuma have been installed. 9. Landscaping and Sidewalk On SR 79 South (Old Town Front Street to Pechanga Parkway) The project consists of the design and construction of new sidewalk, irrigation, and landscaping along State Route 79 South between Old Town Front Street and Pechanga Parkway. All work associated with the base contract is complete. CCO No. 2 adds work to remove/replace the curb ramp adjacent to the 1-15 northbound on -ramp, and stabilize the embankment slope. Work will commence immediately and be completed by the first week in October. 10. Citywide Concrete Repairs - FY 200312004 This project continues the annual citywide concrete repairs program for City streets. The contract was award at the June 22, 2004 City Council meeting. A pre -construction meeting was held on 2 R:\MouthlyActivityReport\CIP\2004\August- SeptemberAm August 5th. 11. Pechanga Parkway Landscape Improvements This project will complete the landscaping that was required as part of doing the sound walls on Pechanga Parkway. Bids were opened on July 26, 2004. The contract was awarded to America West Landscape, Inc. at the August 10, 2004 Council meeting. The award amount was $199,595.00. America West Landscape has begun clearing the site in preparation of placing the irrigation system. 12. Traffic Signal Installation — Citywide Under this project, traffic signals will be installed on Meadows Parkway at La Serena and at Rancho Vista. Staff met with representatives of Temecula Valley Unified School District on November 20, 2003, to obtain their input on the installation of the traffic signal at the intersection of Meadows Parkway and La Serena. Bids were opened on July 13th. The lowest bidder was DBX, Inc. with a bid amount of $329,040.00. The City Council awarded the contract at the July 27th meeting. This project will begin construction in December. The delay in construction is due to the availability of the traffic signal poles. 13. Veteran's Memorial This project will construct a Veteran's Memorial next to the Duck Pond. The artist and the concept have been chosen. Bid opening was held on 8/19/04; one bidder only, SFM Constructors, for $160.000. Construction begun on 8/30/04. There are many issues and unresolved questions. Site excavation is complete; focus now is on completing the structural concrete work, which is anticipated the week of 9/27. Granite pavers are on order; electrical design/build is in process. After three weeks under construction, project is two weeks behind schedule. Much overtime and weekend work is anticipated to meet completion date of 11/4/04. 14. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. Itwill also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. Bid opening was held on 8/19/04. The low bidderwas Riverside Construction at $1,607,570. Several properties in escrow have delayed the anticipated begin construction date of 9/20/04 to 9/27/04 or later. Right of Way acquisition process is ongoing. 15. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. Bids were opened on September 16, 2004. The contract is scheduled to be awarded to Douglas E. Barnhart, Inc. during the September 28, 2004 Council meeting. The contract award amount is $13,365,055.51. RFP's for artificial turf contractor and geotechnical testing are underway. Coordination with utility companies continues. 16. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The timing of the station will be impacted by the developer's ability to provide finished street grades, final site utilities, and finish all site grading. PS&E was approval and authorization to be bid was obtained at the July 13 meeting. Bids were opened on 08-19-04 and there is project funding deficit of $1.92 million. Due to g R:\MonthlyAcdvityReport\CIP\2004\August- SeptemberAm the funding issues the anticipated award date is 10-12-04 along with consideration of CM services from proposals received on 7-08-04. PROJECTS BEING ADVERTISED FOR BIDS 1. Vail Ranch Middle School Basketball Court Lighting This project will add lights to the basketball courts at Vail Ranch Middle School. No bids were received at the bid opening due to the scheduling constraints contained in the specifications. The project will be re -bid this spring for construction during the summer break. PROJECTS IN DESIGN 1. Pechanga Parkway (Formerly Pala Road) Improvements — Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City is working with Caltrans' Local Assistance and City's Environmental Consultant to re-classify the Preliminary Environmental Document Classification (NEPA) of the project to a Categorical Exclusion with required technical studies (involving Federal action). The City is meeting with the consultant to go over the final plan check comments on 9123/04 with 100% plans submitted within three to four weeks. The Planning Department completed Addendum No. 3 to the Wolf Creek EIR and the Notice of Determination (NOD) for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for the project. U.S. Army Corps of Engineers (USACE) is requiring that the City process an individual permit in addition to a nationwide permit for the Wolf Valley Creek Channel. The process of the permit is in its final stages. This project was divided into two stages. The first stage is to construct the storm drain triple box culvert and the channel improvements north of Loma Linda. The second stage will construct the remaining street improvements and drainage structures. Construction of this stage will start once the first stage is completed. 2. Pechanga Parkway - Muirfield Drive Traffic Signal Under this project, a traffic signal will be installed on Pechanga Parkway at Muirfield Drive. The consultant will submit 95% design plans the week of September 27. 3. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. A separate parcel has been created for the library for bond purposes. The City was approved for funding by the State on October 28, 2003. TCSD will coordinate the submittal of plans 4 R:\MoutblyActivityReport\CIP\2004\August- SeptemberAm between the architect and the State. The State review comments as well as a marked up set of drawings were received on 9/15/04.There were minimal (17) review items that are being addressed. The State has issued a strong warning regarding bids coming in between 20-50% over proposed budgets. A constructability review as well as a review of the current budget is underway. Plans were sent to all utility companies requesting comments. An RFQ is being prepared for the general contractors and an RFP is being generated for Geo Tech consultants, special inspectors etc. Pauba Rd. improvements will be coordinated with the construction activities. 4. Pauba Road Improvements — Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Work is being coordinated with the library project, which resumed since State funds have been secured. A new RCW D waterline is under design to service the library project. [twill tie into an existing line that ends just west of Margarita Road. TCSD has requested the waterline be extended past the Library. This extension will be added to the second submittal. 5. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp, of Engineers is required. Staff has reviewed 30% design plans and plan check comments are being returned to the consultant the week of September 30. 6. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. Project plans and specs are 100% complete and are ready to bid. Caltrans Local Assistance group was provided with copy of submittals for the third time. We finally got confirmation that itwas sent to Caltrans HQ for Authorization to Construct. 7. Fire Station - Wolf Creek Site A fire station will be built at the Wolf Creek Site. Standard Pacific Homes has posted a deposit for the redesign of the station to better match their development architecture. Due to a potential conflict with the service areas, the Pechanga Group has requested a re-evaluation of the location of the Wolf Creek Fire Station. Project is on hold pending the outcome of this re-evaluation. 8. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." We are working with US Army Corps of Engineers (USACOE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. The City received comments from Caltrans on the Preliminary Environmental Study (PES) on April 22, 2004 and is working on addressing them. The Natural Environmental Study (Minimal Impacts) (NES (MI)) was submitted to Caltrans on April 7, 2004, no comments have been received to date. The PES response to comments will be completed and resubmitted to Caltrans next week. 5 R:\MontblyActivityReport\CIP\2004\August- September.doc 9. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. PDC is making the 1 st plan check (30%) corrections. 10. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. Consultant is approaching 95% PS&E. The City is preparing the Natural Environmental Study / Minimal Impact for Caltrans review. 11.Old Town Southern Gateway Landscaping Under this project, 10,000 square feet remnant parcel west of Front Street, which was created by the realignment of First Street, will be landscaped. Staff plan check is underwaywith resubmitted to design consultant scheduled for mid October. 12. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound 1-15 motorists and explore the possibility of providing a dual left turn lane from westbound RCR to southbound Front Street. Alternatives study is complete and the City has chosen alternative no.1. (widen the south side of the entire length between Old Town Front and 1-15). An environmental assessment was sent to planning and work is progressing on finalizing a location for the wall and property acquisition. 13. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. The freeboard issue that was a potential stumbling block has been resolved, and the bridge profile will remain unchanged. Progress toward 70% design plans is underway and they are anticipated to be submitted by 11/04. 100% design plans are anticipated January, 2005. 14. City Maintenance Facility and Corporate Yard Under this project, an expansion of the maintenance facility will be built on the property adjacent to City Hall. Design of Phase 1, the parking lot, is scheduled for completion by mid October with construction scheduled to begin in December. Concurrent with phase 1, schematic design of phases 1 & 2 (the expansion of the maintenance yard and the new building) will be progressing. Conceptual Facility plan is being submitted to Business Park POA for review. 15. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. Staff is modifying the plans to incorporate the Phase I improvements. Right of Way acquisition process is ongoing. 16. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Project research on locations of current bus stops, existing bus bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus bench/shade structure design and location options were reviewed and a report with 6 R:\MonthlyAcuvityReport\CIM2004\August- September.doc recommendations was prepared. The design and locations were approved. Staff is in the final stages of preparing the construction bid documents including ADA and permitting requirements. 17. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MW D easement). Staff is preparing a conceptual design for presentation to MWD (since it will be on top of their waterline). 18. Traffic Signal at SR79 South and Country Glen Way Under this project, a traffic signal will be installed on State Route 79 South at Country Glen Way. Plans and specifications will be submitted to Caltrans for their review and comments. 19. Long Canyon Detention Basin - Access Road This project will construct an access road to the Long Canyon Detention Basin being maintained. Preliminary research is being performed in order to begin preparing plans. 20. Pavement Rehabilitation Program - FY 2004/ 2005 This project continues the annual pavement rehabilitation program for City streets. Preliminary research is being performed in order to begin preparing plans. PROJECTS IN THE PLANNING STAGE 1. 1-15/ SR 79 South Interchange -Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. RBF Consulting (firm that completed the Project Study Report) submitted the PA & ED Proposal. City staff and Caltrans are reviewing the proposal. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The consultant continues to work on the Project Report. The consultant continues to work on the Project Report (PR). Currently, the consultant is working on some additional traffic studies that both FHWA and Caltrans required. Caltrans has completed their review on the results of the traffic study and now M&N will incorporate this info into the PR. In addition, the consultant is finalizing their comments from the Value Analysis and the Accelerated Construction Technology Transfer (ACTT) workshops. We are also continuing to pursue the acquisition of a number of properties to protect them from development. The work on the environmental document continues. 7 R:\MouthlyActivityReport\CIP\2004\August- SeptemberAoc 3. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff rnet with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. In order to proceed with the design of Diaz Road Extension for the proposed college, the alignment study was restarted with the existing information. The consultant is preparing a base map for the Diaz Road extension alignment. PROJECTS THAT ARE SUSPENDED OR ON -HOLD 1. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for Winchester Road. This project will widen the 1-15 southbound exit -ramp at the Santa GertrUdis Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is revisiting the merits of this project in light of the Project Study Report for French Valley Parkway Interchange. The study shows that this bridge may have to be removed in the future to accommodate the new Interchange. 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N O IL MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: 6 "% Brad Baron, Maintenance Superintendent DATE: September 2, 2004 SUBJECT: Monthly Activity Report - August, 2004 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of August, 2004: I. SIGNS A. Total signs replaced 176 B. Total signs installed 17 C. Total signs repaired 58 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns _68 IIl. ASPHALT REPAIRS A. Total square feet of A. C. repairs 7,690 B. Total Tons 69 IV. CATCH BASINS A. Total catch basins cleaned1,69 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement �i21 VI. GRAFFITI REMOVAL A. Total locations 28 B. Total S.F. 3,352 VII. STENCILING A. 472 New and repainted legends B. 2,011 L.F. of new and repainted red curb and striping Also, City Maintenance staff responded to 36 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 34 service order requests for the month of July. 2004. The Maintenance Crew has also put in 88 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of August, 2004 was $1228.00 compared to $10,000.00 for the month of ,July, 2004. Account No. 5402 $ 7,228.00 Account No. 5401 $ -0- Account No. 999-5402 $ -0- cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (CIP/Traffic) Greg Butler, Senior Engineer - (Capital Improvements) Amer Attar, Senior Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) RWAWTAIMMOA(TRV If 11-0I \ 24 && �/ � - ` m f / jr La LU Ax LLJ : LU \ƒ fL LU coo 00 \ » uj 'CO uj § LLI ) - !) fzLLJ \ k �)! 7_\\§ ck\\f\{) (§■ � k�\) )\0 - 0« ` :b * B mM«\t § ; U) ee awoz&!!_ U) �CLVN JrQ O coC W N 7 t U. OUQ> f Q F J W J W U = W N K Z LL CL W M _ kl (A N O N N N N N O O O O C C O q V tD In M O Ilf In O O ID Oi m N N O m O Oi GIG In In m 0 In ION O A O O W In m I O V fD M In N N m In IX) m= A M m O in A In p O A q O O q N N pp C V O m V q IO V N q In O O O O O OI O A In m O O m O m N 0 0 O O O N O N N m 0 c O m m r- ao 0 0 o w o r o m of ui o 0 o a r ad a p q Ed INso» � w �O o ,P, G M 00 O O O V am O O N O N O N p 00 O O O O A O 4X' O Of O In ID o M m 0 0 q q O q IO n O A o O m In 0I+ w m O q A O q M m A m ID In r r mao mm m m V m m In q q q w W w w w in Q 19 O O V m N) m A d M N y F-- p C6 ui J 3mD OQ U In O O O O O N O c In In O In O O O Ih i 0 m 00 O O O O i O O M O I t l O C 17 q is CIS w w q q q q N W W iV IA M O O O In In m m In O In O p� N N m IN M N Y- N N �y 'tea° N iU °)o " ill Ill ° m 0 3om a° 3U me J J IL W LL U 2 0 O m L m K m U tl1 W U a o ` Q C w C W S J W (V) V) H 2 3 V) W N U W W LLO � W J coO O LL C9 W W J W w zd O I i cWi W w U wIn co Q U ? i � U w 0 j w W O F O w w W m W W O w 3+ Z G' V) S fA W= a 3 0 z z $> W Q m t~q Z iA y U O Z N LL k 4 != STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of August, 2004 DATE ACCOUNT STREET/CHANNELBRIDGE DESCRIPTION OF WORK TOTAL COST SIZE CONTRACTOR: -BECKER VMINERRING Date: 08/25/.04 # 5402 RAINBOW CANYON ROAD REMOVE AND REPLACE DAMAGED GUARD RAIL TOTAL COST $ 2,228.00 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST CONTRACTOR: RENE'S,COMM,!F�4CIAL MANAGEMENT Date: 08/04 # 5402 CITYWIDE WEED ABATEMENT, DEBRIS REMOVAL, AND TRASH PICK-UP TOTAL COST $ 5,000.00 Date: TOTAL COST CONTRACTOR: Date: TOTAL COST Date: # TOTAL COST TOTAL COST ACCOUNT #5401 - 0 - TOTAL COST ACCOUNT #5402 $ 7,228.00 TOTAL COST ACCOUNT #99.5402 .0. R WAINTAIMMn A( rPR 19 11.aM % CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF AUGUST, 2004 D#E t ® ® o k s SrF TOTAL TONS 08/02/04 N/B JEFFERSON AT CHERRY STREET R & R A.C. 132 6 08/03/04 MARGARITA N/O RANCHO VISTA A.C. OVERLAY 492 3.5 08/04/04 MARGARITA S/O PAUBA A.C. OVERLAY 468 3.5 08/05/04 26040 YNEZ A.C. OVERLAY 120 1.5 08/09/04 YNEZ N/O WINCHESTER A.C. OVERLAY 663 4.5 08/10/04 MARGARITA S/O YUKON R & R A.C. 276 3.5 08/11/04 VALLEJO S/O PALMA A.C. OVERLAY 98 2 08/12/04 YNEZ N/O WINCHESTER A.C. OVERLAY 977 4.5 08/16/04 VIA NORTE @ CALLE PBVA COLADA R & R A.C. 475 11 08/17/04 VIA NORTE @ CALLE PINA COLADA R & R A.C. 225 5.5 08/19/04 VIA NORTE @ CALLE PINA COLADA R & R A.C. 229 6 08/23/04 YNEZ N/OWINCHESTER A.C. OVERLAY 1,048 4.5 08/24/04 RANCHO CALIF. ROAD, YNEZ, RAINBOW CANYON A.C. OVERLAY 432 3.5 08/25/04 YNEZ ROAD, RAINBOW CANYON ROAD A.C. OVERLAY 634 2.5 08/26/04 RAINBOW CANYON ROAD A.C. OVERLAY 406 2.5 08/30/04 MARGARITA S/O PAUBA A.C. OVERLAY 425 2 08/31/04 JEDEDIAH SMITH A.C. OVERLAY 590 2.5 TOTAL S.F. OF REPAIRS 7,690 TOTAL TONS 69 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF AUGUST, 2004 G... 08/09/04 ip CITYWIDE CLEANED & CHECKED )5 34 CATCH BASINS 08/09/04 CITYWIDE CLEANED & CHECKED 37 CATCH BASINS 08/10/04 AREA #2 CLEANED & CHECKED 32 CATCH BASINS 08/11/04 AREA #2 CLEANED & CHECKED 27 CATCH BASINS 08/12/04 AREA #2 CLEANED & CHECKED 32 CATCH BASINS 08/17/04 CITYWIDE CLEANED & CHECKED 39 CATCH BASINS 08/23/04 CITYWIDE CLEANED & CHECKED 34 CATCH BASINS 08/30/04 CITYWIDE CLEANED & CHECKED 34 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 269 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF AUGUST, 2004 X -11 idG 08/02/04 NICHOLAS AT NORTH GENERAL KEARNEY REMOVED 6 S.F. OF GRAFFITI 080204 I-15 FREEWAY S/O WINCHESTER REMOVED 6 S.F. OF GRAFFITI 08/05/04 28566 PUJOL REMOVED 4 S.F. OF GRAFFITI 08/06/04 42085 MEADOWS PARKWAY REMOVED 12 S.F. OF GRAFFITI 08/09/04 NICHOLAS AT JUNE ROAD REMOVED 2 S.F. OF GRAFFITI 08/09/04 PUJOL AT ISTT STREET REMOVED 28 S.F. OF GRAFFITI 08/09/04 OVERLAND BRIDGE REMOVED 80 S.F. OF GRAFFITI 08/09/04 YNEZ COURT REMOVED 450 S.F. OF GRAFFITI 08/09/04 WINCHESTER AT I-15 FREEWAY REMOVED 5 S.F. OF GRAFFITI 08/I 1/04 PUJOL AT FRONT STREET REMOVED 520 S.F. OF GRAFFITI 08/17/04 PUJOL AT 6T" STREET REMOVED 80 S.F. OF GRAFFITI 08/17/04 TARGET CENTER REMOVED 25 S.F. OF GRAFFITI 08/17/04 LONG VALLEY AT HUMBER REMOVED 22 S.F. OF GRAFFITI 08/19/04 41700 WINCHESTER REMOVED 6 S.F. OF GRAFFITI 08/23/04 PUJOL AT 6T" STREET REMOVED 327 S.F. OF GRAFFITI 08/23/04 41935 4T" STREET REMOVED 24 S.F. OF GRAFFITI 08/23/04 LOING VALLEY AT HUMBER REMOVED 18 S.F. OF GRAFFITI 08/23/04 MAIN STREET BRIDGE REMOVED 530 S.F. OF GRAFFITI 08/23/04 1IT STREET BRIDGE REMOVED 260 S.F. OF GRAFFITI 08/24/04 PUJOL AT MAIN STREET REMOVED 25 S.F. OF GRAFFITI 08/24/04 1ST STREET AT PUJOL REMOVED 20 S.F. OF GRAFFITI 08/24/04 IST STREET BRIDGE REMOVED 560 S.F. OF GRAFFITI 08/26/04 SANTA GERTRUDIS CREEK REMOVED 210 S.F. OF GRAFFITI R:WA1N AIMWKCMPLTD\GRAMl 1M.0AAGUST 08/28/04 OVERLAND BRIDGE REMOVED n 45 S.F. OF GRAFFITI 08/28/04 CAMPANULA WAY REMOVED 4 S.F. OF GRAFFITI 08/30/04 FELIX VALDEZ REMOVED 54 S.F. OF GRAFFITI 08/30/04 TARGET CENTER REMOVED 15 S.F. OF GRAFFITI O8/03/04 AMBER COURT REMOVED 14 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 3,352 TOTAL LOCATIONS 28 R:01AINTAIMW KCMPLTD\GRAFFITI\M.05\AUGUST U w O 0 Z F U O F a w y J 7 w Z 7 'a m IL x a m w LL Z a O O O O O O O O O O Q1 00 ^O l0 LO a M N OOm-�cO\--� op o oo�n �n �n ono lD oo Oi � N V 7 �O E/j fH fA fH F{3 FH Vi fA � � 7 d p N N co O ti00 7 ~ � &M4 w R� oQ AL-O-� CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF AUGUST, 2004 , a-... 08/02/04 F ®C IzO' F WINCHESTER AT MARGARITA 7, ©` . .. C`sM+AL1,11 ...,. ETED TRIMMED 1 R.O.W. TREES 08/02/04 BAYHILL AT RAINBOW CANYON TRIMMED 2 R.O.W. TREES 08/04/04 VALLEJO CHANNEL TRIMMED 4 R.O.W. TREES 08/09/04 DEL RIO AT JEFFERSON TRIMMED 2 R.O.\A/. TREES 08/10/04 MARGARITA BETWEEN WINCHESTER & RANCHO CALIF. RD. TRIMMED 15 R.O.W. TREES 08/12/04 RANCHO VISTA E/O YNEZ TRIMMED 14 R.O.W. TREES 08/16/04 SCHOOL ZONE FLASHERS TRIMMED 20 R.O.W. TREES 08/19/04 SCHOOL ZONE FLASHERS TRIMMED 10 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 68 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF AUGUST, 2004 PEET-ED 08/23/04 LA SERENA AT CITY LOT ABATED 3,972 S.F. R.O.W. WEEDS 08/24/04 CHANNELS AREAS #1 AND #2 ABATED 7,975 S.F. R.O.W. WEEDS 08/31/04 CHANNELS AREAS #1 AND #2 ABATED 3,774 S.F. R.O.W. WEEDS TOTAL S.F. R.O.W. WEEDS ABATED 15,721 R.WAMTAIMW KCOMPLTD\WFFDS\M-05/AI IM IST CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF AUGUST, 2004 DATE REC'D ®`C ONE ES Q,T DATE WORK COMPLETED 08/02/04 40685 LA COLINA TREE DOWN 08/02/04 08/02/04 40323 CALLE MEDUSA ROOT PRUNING C8/02/04 08/03/04 42096 VIA QUESTA DEAD TREE 08/03/04 08/04/04 29923 LONGVALE COURT CATCH BASIN CLEANING 08/04/04 08/06/04 JEFFERSON AT DEL RIO TREE TRIMMING 08/06/04 08/09/04 CABRILLO AVENUE STANDING WATER 08/09/04 08/09/04 WINCHESTER E/O I-15 FWY GRAFFITI 03/09/04 08/09/04 32265 CORTE CHATADA DEAD TREE 03/09/04 08/10/04 40526 NEW TOWN DRIVE STANDING WATER 08/10/04 08/11/04 45648 VIA PUEBLA THANK YOU CALL 08/11/04 08/12/04 39885 JEFFERY HEIGHTS CHANNEL CLEANING 08/12/04 08/11/04 31273 HIAWATHA TREE TRIMMING Of /11/04 08/16/04 SINGLE OAK DRIVE TREE REMOVAL 08/16/04 08/16/04 30572 BAY HILL DRIVE TREE REMOVAL 0E'/I6/04 08/16/04 30135 MILANO DRIVE CATCH BASIN CLEANING OE/16/04 08/16/04 YNEZ AT VALLEJO STANDING WATER 08/16/04 08/17/04 43565 CORTE BENAVENTE ANTS IN STORM DRAIN OS/1704 08/17/04 31062 CORTE ALAMAR SIDEWALK REPAIR 08/17/04 08/19/04 28081 DIAZ DEBRIS REMOVAL 08/19/04 08/19/04 43513 RIDGE PARK DRIVE SINKHOLE 08/19/04 08/19/04 41576 BIG SAGE COURT FALLEN TREE 08 19/04 08/20/04 45630 RAINBOW CANYON ROAD TREE TRIMMING 08,'20/04 08/20/04 41830 6T" STREET A.C. REPAIRS 08,'20/04 08/20/04 41576 BIG SAGE COURT TREE BRANCH 08,'20/04 08/20/04 27495 COMMERCE CENTER DRIVE TREE TRIMMING 08'20/04 D ' Rylry,;yg�p�� fi RY a N 4 is . H XE WORK MPLET D 08/23/04 41050 AVENIDA VERDE DEBRIS PICK-UP 08/23/04 08/28/04 31771 CORTE ENCINAS ROOT PRUNING 08/23/04 08/24/04 30077 RANCHO CALIFORNIA ROAD ROOT PRUNING 08/24/04 08/24/04 30567 SIERRA MADRE CULVERT CLEANING 08/24/04 O8/26/04 30591 HOLLY BERRY LANE ROOT PRUNING 08/26/04 08/27/04 43980 VAIL RANCH ROAD DEBRIS REMOVAL O8/27/04 08/27/04 31757 CALLE REDONDOLA DEBRIS REMOVAL 08/27/04 08/27/04 32830 WOLF SOTRE ROAD DEBRIS REMOVAL O8/27/04 08/30/04 1' STREET AT PUJOL CATCH BASIN CLEANING 08/30/04 O8/31/04 32109 CAMINO NUNEZ TREE REMOVAL 08/31/04 O8/31/04 41687 TEMEKU DRIVE DEBRIS REMOVAL OU31/04 TOTAL SERVICE ORDER REQUESTS 36 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF AUGUST, 2004 08/02/04 FRONT STREET SID RANCHO CALIFORNIA ROAD REPLACED W-74, R-26 08/03/04 CITYWIDE REPLACED 32 S.N.S. 08/04/04 HARMONY AT VAIL RANCH REPLACED R-1 08/04/04 AVENIDA DE MISSIONES AT 79 SO. REPLACED R-1 08/04/04 CITYWIDE REPLACED 57 S.N.S. 08/06/04 BUTTERFIELD STAGE ROAD AT 79 SO. REPALCED 2 DELINEATORS 08/06/04 RANCHO CALIFORNIA ROAD E/O MARGARITA REPLACED 1 DELINEATOR 08/06/04 MARGARITA ROAD E/O AVENIDA BARCA INSTALLED 2 R-17, 2 R-17B 08/06/04 E & W AT OVERLAND AND PROMENADE INSTALLED 5 R-26-81 08/06/04 MARGARITA S/O PAUBA REPLACED W-41 08/09/04 1 MARGARITA AT VERDES LANE REPLACED R-7, K-MARKER 08/09/04 NO. GENERAL KEARNEY AT GRGICH HILLS REPLACED S.N.S. 08/11/04 SOLANA AT MARGARITA REPLACED R-7 08/11/04 LOW FLOW AT DIAZ ROAD REPLACED R-2-25, W-42 08/11/04 CALLE RABINO AT VAIL RANCH REPLACED END MARKER 08/13/04 OVERLAND AT COSTCO REPLACED R-7, K MARKER 08/17/04 MORAGA AT MARGARITA INSTALLED R-18 08/17/04 MARGARITA MIDDLE SCHOOL INSTALLED 12 DELINEATORS, 2 K MARKERS 08/18/04 RANCHO CALIFORNIA ROAD AT YUKON REPLACED R-7, TYPE L 08/19/04 CITYWIDE REPAIRED 58 SIGNS 08/23/04 ROYAL BIRKDALE AT MEADOWS REPLACED R-7, K MARKER OS/25/04 AREA #1 REPLACED 8 S.N.S. 08/26/04 PAUBA AT VIA RAMI REPLACED R-1 08/26/04 CITYWIDE REPLACED 28 S.N.S. 08/28/04 CAMPANULA WAY REPLACED R-7 08/31/04 CITYWIDE REPLACED 23 S.N.S. TOTAL SIGNS REPLACED 176 TOTAL SIGNS INSTALLED 17 TOTAL SIGNS REPAIRED 58 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF AUGUST, 2004 ,x i. 9 y # i 08/02/04 CITYWIDE SCHOOL ZONES REPAINTED 23 LEGENDS 08/03/04 CITYWIDE SCHOOL ZONES REPAINTED 52 LEGENDS 08/04/04 CITYWIDE SCHOOL ZONES REPAINTED 38 LEGENDS 08/05/04 CITYWIDE SCHOOL ZONES REPAINTED 22 ;LEGENDS 08/10/04 CITYWIDE SCHOOL ZONES REPAINTED 44 LEGENDS 08/11/04 CITYWIDE SCHOOL ZONES REPAINTED 32 LEGENDS 08/12/04 CITYWIDE SCHOOL ZONES REPAINTED 37 LEGENDS 08/16/04 MORAGA AT MARGARITA INSTALLED I l LEGENDS 08/17/04 MEADOWS PARKWAY AT LEENA REPAINTED 14 LEGENDS 08/17/04 MARGARITA AT AVENIDA BARBA REPAINTED 1,100 L.F. YELLOW BERM 08/17/04 MARGARITA AT AVENIDA BARCA & NO. GEN'L KEARNY REPAINTED 418 L.F. RED CURB 08/19/04 MEADOWS PARKWAY N/O HWY 79 SO. REPAINTED 59 LEGENDS 08/23/04 MAJOR ARTERIALS REPAINTED 30 LEGENDS 08/24/04 MAJOR ARTERIALS REPAINTED 29 LEGENDS 08/30/04 MAJOR ARTERIALS REPAINTED 45 LEGENDS 08/30/04 CITYWIDE REPAINTED 493 L.F. RED CURB 08/31/04 AREA #2 REPAINTED 36 LEGENDS TOTAL NEW & REPAINTED LEGENDS 472 NEW & REPAINTED RED CURB & STRIPING L.F. 2.011 REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA (� After completing, please return to the City Clerk. Thank You. Date - 12�J ()L� I wish to speak on Agenda Item No. / % For Against )Z Subject: P A C)L 4 D Name: I ' 14� X tTt �Q.Ci,iSBA� Phone: Address: City/State/Zip: g7s6 If you are representing an organization or group, please give the name: "i�uslNo2" C13Tq-c !�•(S)-A The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date Z I wish to speak on Agenda Item No. For - X, Against Subject: L l Z�crv�tE, � S Name L--��-1 Phone: Address: City/State/Zip. If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date 61- 222 `dy I wish to speak on Agenda Item No. For Against If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. 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CIU-b Name: 6'15 m Pos+ A (Zelsc' ZoA Phone: Address: City/State/Zip: TemecUla{(a �z512 If you are representing an organization or group, please give the name: �vnPc�lo 5w, Club The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. Date Subject: I REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. I wish to speak on Agenda Item No For Against Address: City/State/Zip: �Aev2 If you are representing an organization or group, please give the name: -7 Si A M CLy3 The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. t Date 1 wish to speak on Agenda Item No For Against Subject: FiMF�LS �1,C1�/Il� t- Address: City/State/Zip: ��,ri/. Lt 27S 9a If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date CA. 2L$ • 04 1 wish to speak on Agenda Item No. PLObi G Lf"rrWA -S For Against Subject: r n Name: M G J7onr\a W h i }-e/ Phone: Address: City/State/Zip: If you are representing an organization or group, please give the name: C�G� vy1A4ltLS The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date zCi U I wish to speak on Agenda Item No. For Against Phone: City/State/Zip: j�"" 61, If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You,, h /f c Date � � I wish to speak on Agenda Item No. For Against Subject: Name: l4 � 0) lJ(,) -► [ phone: �� City/State/Zip: If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date p I wish to speak on Agenda Item No. For a/ Against Subject: Name: ,�' 3iS5- State/Zip://K� /2i- If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. DOCUMENTS SUBMITTED FOR THE RECORD 09/24/2004 12:00 FAX 909 788 9921 MBE 840 IM012 y • 27 -0 Ll Cc m��r M ICHELLE A. SUCHMEIER••• DENNIS M. BURKE• MICHAEL C. FETTIG RICHARD S. PIORE' C. MARK HOPKINS JOHN R. MACDOWELL GRIN A. MALONEY- ERIK M. MFLAIN" AMANDA W OWIN JANET L.E. POWERS' CHESTER A. PIUCHALSKI PBTIR E. RACOSB• MARGARET G. WANGLER' -DENOTES SHAREHOLDER --ALSO MEMBER OF NEW YORR EAR ..ALSO MEMBER OF GEORGIA BAR Fiore, Racobs & Powers A 0`10196WOMAL uW <*".T1oN OBTU ALESSANDRO. SUITE 2 RIV4R8IDE. CALIFORNIA 9260E-0B10 TELEPHONE f9]1) TBI-Flag FAA (951) IIS.BIOI WORLD WIDE WEE $ITE; RtIP://W WW.JIDr91BW.0Gm VIA FACSWILE TRANSNflSSION AND FIRST-CLASS MAIL Honorable Mayor and City Council City of Temecula P.O. Box 9033 Temecula CA 92589-9033 Attention: Susan Jones City Clerk September 24, 2004 Re: September, 28, 2004, Public hearing Subject: Planning Application 04-0477 Dear Honorable Mayor and Members of the Council: ,,a4 m acl/ gHAN01EDONTV $ 1 ITEf C CALIFORNIAOLOOYDRIVE, I1RTI IIo IRVIP[. UUFDIJ/14A01 (11.03 Tna..l FAX (WBI JJJaII l AWAY Or 1s. n1 HIGHWAY III, smn I PALM 1BSIAT, CALIFORNIA WM (1[0) 111,II11 FAX ago) 11tM 17 RIPLY TO Riverside File No. 26420-01 This firm represents the Westside Business Centre Property Ow�ters Association ("Association''), an association made up of 176 property and business owners. Th is letter will serve to state the Association's opposition to Planning Application 04-0477 (the `Proposed Ordinance's which will be considered in the City Council public hearing on September 28, 20(►4. The Proposed Ordinance would remove the requirement from the City's Development Code that buildings constructed within the Business Park (BP) or Light Industrial (LI) zones be at least 50,000-square feet in size. The Association adamantly opposes the Proposed Ordinance. Gutting the minimum size requirements will strip away an important protection against undesirable development. It will hurt the property owners within the Association and the rest of the BP and LI zones by forcing down rents and scaring off the best tenants. Moreover, it will hurt the City as a whole by allowing unattractive office development that will likely bring low -quality jobs and depress the tax base. 69/24/2004 12:00 FAX 909 788 3921 MBE 640 Q003 Honorable Mayor and City Council September 24, 2004 Page 2 To see the benefits of the 50,000-square foot requirement, one need only look at the BP and LI zones today. The BP and LI zones of the City have developed successfully at id attractively with the current standards. Thcse areas are first-class, making Temecula a desirable location for businesses that bring high -quality jobs. High -quality jobs and high -quality businesses create economic opportunity for everyone. Adoption of the Proposed Ordinance would result in po sizo lQuirgmepts at all. This would leave the BP and LI zones vulnerable to being filled out with ugly strip malls and marginal businesses. Unlike the businesses that occupy large BP and LI space, businesses attracted by the lack of minimum requirements will not provide significant tax revenue or high -quality jobs. This is not the commercial activity the City should be courting. The City has a "golden goose" in its excellent BP and LI zones. It makes no sense to kill the golden goose by driving away the quality businesses that have chosen to locate v1 Temecula. With no minimum standards, the quality of new businesses is bound to decline and, in turn, drag down the overall quality of the BP and LI zones. The Westside Business Centre Property Owners Association wants the minimum standards left as they are. However, if the City Council goes forward with changing the reasonable current standards, the Association makes two requests. First, the Association requests its territory (map enclosed) be left out of the zone change so that it may continue to enforce its standards without the confusion that could be created by a different City standard. Second, the Association strongly urges the City Council to at least adopt some minimum standard For example, the minimum could be lowered to 45,000- or 40,000-square feet. Some protection against the perils of marginal commercial development is better than nothing. The Association urges you to reject the Proposed Ordinarice to preserve [he quality of life and work in Temecula. Thank you for your time in considering the Association's position. Very truly yours, FIORE, RACOBS & POWERS A Professional Law Corporation ��C2_ Peter E. Racobs Amanda N. Owen PER:ANO Enclosure cc: Board of Directors, Westside Business Centre Property Owners Association P00&5 29.WPD 09/24/2004 12:01 FAX 909 788 3921 KBE 640 Q 004 '.