HomeMy WebLinkAbout020805 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
FEBRUARY 8, 2005 - 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.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding real property negotiation located at the following
locations: 1) APN 922-044-022 (Tomeo, LLC) - located at 41934 Main Street;
2) APN 922-044-004 (Berger) - located at 41950 Main Street; and 3) APN 922-
044-019 (Keen) - located at 41910 Main Street. The negotiating parties are the
City of TemeculalRedevelopment Agency and Fred Perkins, Helga Berger, and
Peter Keen. Under negotiation are the price and terms of payment of real
property interests. The City/Agency negotiators are Shawn Nelson, James
O'Grady, and John Meyer.
2. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(b)(1) with respect to one matter of potential litigation.
With respect to such matter, the City Attorney has determined that a point has
been reached where there is a significant exposure to litigation involving the
City based on existing facts and circumstances and the City will decide
whether to initiate litigation.
3. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to one matter of existing litigation
involving the City. The following cases will be discussed: 1. City of Temecula
v. County of Riverside (RCIP litigation - Riverside County Superior Court
Case No. 402766).
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
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Next in Order:
Ordinance: No. 2005-04
Resolution: No. 2005-14
CALL TO ORDER:
Mayor Jeff Comerchero
Prelude Music:
Matthew Fagan
Invocation:
Pastor Berry of The Orchard
Flag Salute:
Councilman Washington
ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
PRESENT A TIONS/PROCLAMA TIONS
Overview of Trauma Intervention Programs - TIP
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 Q!ÌQ[ to the Council addressing that item.
There is a five (5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1
Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
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2
2
Minutes
RECOMMENDATION:
2.1
Approve the minutes of January 11 , 2005.
3
Resolution approvinq List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 05- -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4
City Treasurer's Report
RECOMMENDATION:
4.1
Receive and file the City Treasurer's Report as of December 31, 2004.
5
Community Grant Aqreement with the Temecula Sister City Association
RECOMMENDATION:
5.1
Approve a grant in the amount of $7,500 for the Temecula Sister City Association
for fiscal year 2004-2005.
6
Acceptance of Offers of Dedication for Public Street and Utility Purposes - John Warner
Assessment District No. 03-04 (portions of John Warner Road, Lolita Road. Paulita Road
and La Presa Loop)
RECOMMENDATION:
6.1
Adopt a resolution entitled:
RESOLUTION NO. 05--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING THE OFFERS OF DEDICATION FOR
PUBLIC STREET AND UTILITY PURPOSES FOR PORTIONS
OF JOHN WARNER ROAD, LOLITA ROAD, PAULITA ROAD,
AND LA PRESA LOOP ALL LOCATED WITHIN THE JOHN
WARNER ASSESSMENT DISTRICT NO. 03-04
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7
Tract Map No. 31259 (located on the north side of Zevo Drive, approximately 635 feet
east of Winchester Road)
RECOMMENDATION:
7.1
Approve Tract Map No. 31259 in conformance with the conditions of approval;
Approve Subdivision Monument Agreement and accept the Certificate of Deposit
Agreement for Monumentation as security for the agreement.
7.2
8
Purchasinq Authorization - Temporarv Staffinq
RECOMMENDATION:
8.1
Authorize the following contracts and amounts for temporary staffing services:
AppleOne for $150,000; Arrow Staff for $150,000; Manpower for $75,000; and
TriStaff for $75,000.
....................
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
...........
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...............................................................................................................
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
.................................................................................................................
Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-05
CALL TO ORDER:
President Chuck Washington
ROLL CALL:
DIRECTORS:
Edwards, Comerchero, Naggar, Roberts, 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 rninutes of January 25, 2005.
2
Old Town Temecula Community Theater Bookinq and Rental Policy
RECOMMENDATION:
2.1
Approve the Booking and Rental Policy for the Old Town Temecula Community,
Theater.
2.2
Adopt a resolution entitled:
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5
RESOLUTION NO. CSD 05--
A RESOLUTION OF THE TEMECULA COMMUNITY SERVICES
DISTRICT BOARD OF DIRECTORS ESTABLISHING THE OLD
TOWN TEMECULA COMMUNITY THEATER RESIDENT
COMPANIES
PUBLIC HEARINGS
Any person may submit written comments to the Community Services District 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.
3
Roripauqh Ranch Specific Plan - Service Level C, Perimeter Landscapinq and Slope
Maintenance and Service Level D. Refuse and Recyclinq Collection Services Rates and
Charqes
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. CSD 05--
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 MARCH 29, 2005 REGARDING SERVICE LEVEL C
RATES AND CHARGES FOR RORIPAUGH RANCH SPECIFIC
PLAN IN ORDER TO ESTABLISH SERVICE LEVEL CRATES
AND CHARGES BEGINNING FISCAL YEAR 2005-2006
PURSUANT TO ARTICLE XI liD, SECTION 6 OF THE
CALIFORNIA CONSTITUTION
3.2
Approve the Election Notice, Ballot, and Procedures for the Completion, Return,
and Tabulation of the Ballots.
3.3
Authorize staff to mail the ballots to the affected property owners pursuant to the
aforementioned process.
DISTRICT BUSINESS
4
Mercantile Buildinq Renovation
RECOMMENDATION:
4.1
Approve the proposed design concept and proposed use for the Mercantile
Building.
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DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, February 22, 2005, 7:00 PM, City Council Chambers, 43200
Business Park Driye, Temecula, California.
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.................................................................................................................
TEMECULA REDEVELOPMENT AGENCY MEETING
.................................................................................................................
Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-01
CALL TO ORDER:
Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS:
Roberts
Edwards, Comerchero, Naggar, Washington,
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" forrn rnust 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
Approye the minutes of January 25, 2005.
2
Amendment No.4 to Professional Services Aqreement with Fisher Sehqal Yanez. Inc.
for Architectural Services Associated with the Old Town Temecula Community Theater-
Proiect No. PW02-23
RECOMMENDATION:
2.1
Approve Amendment No.4 to the agreement with Fisher Sehgal Yanez, Inc. to
provide Professional Services in a total amount not to exceed $89,600 to design
the interior improvements of the Mercantile Building ($33,050) for additional
construction support and reimbursables expenses ($56,550) and authorize the
Chairperson to execute the amendment.
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EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, February 22,2005, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public Hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
9
AB 1600 - Annual Report reqardinq use of Development Impact Fees (DIF)
RECOMMENDATION:
9.1
Receive and file the report.
10
Resolution Establishinq User Fee to offset Cost of Telecommunication Consultinq
Services
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. OS--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA IMPOSING A PLANNING APPLICATION USER
FEE TO OFFSET THE COST OF TELECOMMUNICATION
FACILITY APPLICATION REVIEW BY THE CITY'S
DESIGNATED TELECOMMUNICATION CONSULTANT, IN THE
AMOUNT OF $2,000.00 PER REVIEW OF A PROPOSED
TELECOMMUNICATION FACILITY APPLICATION SUBJECT
TO THE CITY'S DEVELOPMENT PLAN APPROVAL PROCESS
11
Park Place Office Buildinq, PA04-0472 Development Plan
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. OS--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0472, A DEVELOPMENT PLAN TO CONSTRUCT A
20,416 SQUARE FOOT, TWO-STORY OFFICE BUILDING ON A
1.21 ACRE SITE IN THE LIGHT INDUSTRIAL ZONE, LOCATED
ON THE SOUTHWEST CORNER OF WINCHESTER ROAD AND
DIAZ ROAD, KNOWN AS APN 909-310-001-1
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COUNCIL BUSINESS
12
City Council Committee Assianments
RECOMMENDATION:
12.1 Appoint a member of the City Council to serve as liaison to each of the City
Commissions and Comrnittees:
Commission Liaison (One Member)
Community Services Corn miss ion
Old Town Local Reyiew Board
Old Town Redevelopment Advisory Committee
Planning Commission
PubliclTraffic Safety Commission
12.2 Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisorv Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee
Finance Committee
Joint City CouncillTVUSD Committee
Library Task Force
Old Town Temecula Community Theater Ad Hoc CommitteelTheater Advisory
Committee
Public Works/Facilities Committee
12.3 Appoint member(s) of the City Council to serve on each of the following external
committees:
Representative Assianments (External Organizations)
Animal Friends Liaison/JPA Representative
French Valley Airport Committee (proposed deletion)
League of Calif. Congress - 2005 Voting Delegates
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2005 Voting Delegate
Pechanga Tribal Council Liaison
Riverside County Habitat Conservation Agency (advisory only)
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG/RCA Representative
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11
12.4 Appoint member(s) of the City Council to serve on each of the following Council
Subcomrnittees:
Council Subcommittees
Cable Franchise Renewal Committee
Campus Project Ad Hoc Council Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Heritage Tree Subcommittee (added January 2005)
Homeless Shelter Ad Hoc Subcommittee (proposed addition)
Old Town Ciyic Center Ad Hoc Subcommittee
Open Space Subcommittee
Ronald Reagan Sports Park Ad Hoc Subcommittee
SAF-T NET Subcommittee
Technology Ad Hoc Subcommittee
Telecommunications Ad Hoc Subcommittee
Temecula Hospital Ad Hoc Subcommittee
TemeculalMurrieta Subcommittee
Veteran's War Memorial (proposed deletion)
Villages of Old Town Ad Hoc Committee
Wall of Honor Ad Hoc Subcommittee
Zone Comrnittee (relating to TUMF Program for WRCOG)
12.5 Review the current members of the General Plan Community Advisory Committee
and appoint new members as appropriate:
General Plan Communitv Advisory Committee - This Committee is due to be
completed, per Resolution No. 01-87, on February 2,2005, when the Planning
Commission begins formal hearings.
1 Planning Commissioner - David Matthewson
1 Public Traffic Safety Commissioner - Darrell Connerton
1 Community Services Commissioner - Jim Meyler
5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John
Telesio
1 Representative of the Chamber of Commerce - Janese Reyes
1 Representative of the EDC - Gary Youmans
1 Representative of a local environmental or community organization - Bob
Wheeler
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, February 22, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JANUARY 11,2005
The City Council convened in Closed Session at 6:00 P.M., on Tuesday, January 11, 2005, in
the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:00 P.M.
Present:
4
Councilmembers:
Naggar, Roberts, Washington, and Comerchero
Absent:
0
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by JoAnn Algier.
INVOCATION
The inyocation was given by Pastor Randy Ponder of Lamb of Life.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Naggar.
PRESENT A TIONS/PROCLAMA TIONS
Spark of Love Toy Drive
Chief Windsor introduced Fire Safety Specialist Horton, administrator of this program, who, in
turn, by way of overhead pictures provided a brief overview of the accomplishments,
commenting on the many generous donations and the many individuals/vendors that partook in
this very successful program. In comparison to last year's event, Mr. Horton noted the following:
2003 -
2004 -
3,228 toys
3,816 toys
2003 -
2004 -
40 bicycles
75 bicycles
2003 -
2004 -
$2,792.12 monetary donations
$9,445.00 monetary donations
In closing, Mr. Horton thanked the many main sponsors
Mayor Comerchero thanked Fire Safety Specialist Horton, staff, citizens, and corporate partners
for their generous efforts and donations.
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PUBLIC COMMENTS
A. Mr. Cecil Edwards, Temecula, commented on the affects the pumping of water from the
Roripaugh Development onto Nicolas Road and requested that he City Council address this
matter.
B. As members of the Kiwanis Club of Temecula/Murrieta, Mr. Jim Moore, Mrs. Peg Moore,
and Mr. Pete Densmore, relayed the Club's appreciation for having been granted a defibrillator
by the City of Temecula and thanked Senior Management Analyst Adams for his assistance in
obtaining the grant.
C. Mr. Ron Turco, Redhawk, requested the City Council's assistance and support in
delaying a decision by the Riverside Planning Commission to approye Public Use Permit No.
00896 with Variance No. 01766 for a Cingular Wireless Company to erect a 65' cellular
telecommunications facility with 12-panel antenna, microwaye dish, and equipment building on
the upper parking lot of the Redhawk Golf Course; noted that the proposed facility would be
within 120' of residential homes; commented on the lack of public notice and public inyolyement;
and requested Council intervention.
City Attorney Thorson recommended that the City Council take no action with respect to
this item. Because this City Council has not been shy about objecting to development projects
in the County of Riverside that might impact the City. Because the area of discussion will be a
part of the City within less than five months, Mr. Thorson noted that if the residents were
successful in having this project delayed before the Riverside County Planning Commission and
before the Board of Supervisors, it would come back and would be decided by this City Council.
If action were taken at this time to oppose it before the County and it were to come back to the
City Council at a later date, legal complications would be imposed on the City's ability to deal
with it.
Mayor Pro Tem Roberts advised that today this matter was indefinitely pulled from the
County Planning Commission's agenda and will be thoroughly investigated prior to it being
reagendized.
D. Echoing comments made by Mr. Turco, Mr. Mickey Carns, Temecula, thanked City staff
for its support and expressed dismay with the County's lack of public notification.
E. Not being able to attend the January 25, 2005, City Council meeting, Ms. JoAnne
DiBernardo and Leia DiBernardo, as small business owners, expressed concern with an
upcoming agenda item with regard to the Planning Department subcontracting out the
architectural work for the Margarita Center, noting the following:
. That the delay of the project for a third-party review committee for the architectural plans
. That such delay will have difficult impacts
That there are not many incentiye programs for small businesses
Being aware of the potential delay, Mayor Comerchero noted that he, the City Manager,
and Planning staff have discussed this matter and that it has been handled.
City Manager Nelson reiterated that this item will be discussed at the January 25, 2005,
City Council meeting, advising that staff will work with those individuals/developers desirous of
moving forward with architectural designs in an effort to eliminate delays.
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CITY COUNCIL REPORTS
A. Referencing a recent accident on Southbound 1-15 exist onto Winchester Road,
Councilman Naggar advised that this accident resulted in a fatality; commented on developer
funds the City has utilized in an effort to widen this off ramp; but stated additional widening is
necessary on the Winchester Road off-ramp over Santa Gertrudis Creek; requested that staff
draft letters to the State Senate representatives and State Assembly representatiyes, requesting
their assistance for a public, health, safety, and welfare issue in relation to funding; and that
once a response has been receiyed, that the matter be agendized for a City Council meeting.
In light of the recent heavy rains, Mr. Naggar commended City staff on their Emergency
Operation efforts.
B. As President of the Southern California Association of Goyernments, Mayor Pro Tem
Roberts advised that he had the privilege to meet the U.S. Transportation Secretary in
Washington, D.C. to discuss goods movement issues and associated unloading difficulties of
these ships in light of this State having two of the largest ports in the world (Long Beach and
U.S. Harbors); that a Regional Transportation Plan is in place to address dedicated truck lanes
from the harbor to the dessert; that a below ground level continuation of the Alameda Corridor
(Harbor to the Central Los Angeles area) is necessary; and that these options will be explored in
next year's Transportation Planning.
Advising that the State Route 79 Relinquishment will be heard by the California
Transportation Commission on January 20, 2005, Mayor Pro Tem Roberts noted that it has
been listed under the Consent Calendar but that Senior Management Analyst Adams will be in
attendance of this meeting.
C. Echoing Councilman Naggar, Councilman Washington applauded staff on their
emergency efforts during the heavy rains.
Having been out of town during these rains, Mr. Washington thanked his neighbors for
their sandbag assistance to ensure safety to his home. In closing, Mr. Washington wished
everyone a Happy New Year.
D. Echoing the efficiencies of the Emergency Operating Center, Mayor Comerchero
commended staff on a job well done on being prepared.
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1
Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
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2
Minutes
RECOMMENDATION:
2.1
Approve the minutes of November 23, 2004;
2.2 Approve the minutes of December 7,2004;
2.3 Approve the minutes of December 14,2004.
3
Resolution approving List of Demands
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. 05- 01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4
City Treasurer's Report
RECOMMENDATION:
4.1
Receive and file the City Treasurer's Report as of November 30, 2004.
5
Community Development Block Grant Application Proposals for Fiscal Year 2005/06
RECOMMENDATION:
5.1
Approve the Community Development Block Grant
recommendation from the Finance Committee and staff;
funding
(CDBG)
5.2 Authorize the Director of Finance to execute Sub-Recipient Agreements and to
reprogram CDBG funds in accordance with the current budget resolution for general
administration of the Fiscal Year 2005-06 Community Development Block Grant
Funds.
6
Parcel Map No. 31751 (located on the southeast side of County Center Drive -
approximately 850 feet east of Ynez Road)
RECOMMENDATION:
6.1
Approve Parcel Map No. 31751 in conformance with the conditions of approval;
6.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
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7
Parcel Map No. 31724 (located south of Overland Drive. east of Ynez Road. west of
Maraarita Road, beina a subdivision of parcel no. 1 as shown by Tract Map No. 30107
RECOMMENDATION:
7.1
Approve Parcel Map No. 31724 in conformance with the conditions of approval;
7.2 Approve the Subdiyision Monument Agreement and accept the Certificate of
Deposit for Monuments as security for the agreements.
8
Completion and Acceptance of Citywide Concrete Repairs FY2003/2004 - Project No.
PW04-11
RECOMMENDATION:
8.1
Accept the Citywide Concrete Repairs FY2003-2004 - Project No. PW04-11 as
complete;
8.2
File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
8.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
9
Authorize Temporarv Street Closures for Good Old Davs Car Show 2005 Event in Old
Town (Old Town Front Street. between Moreno Road and Second Street and other
related streets)
RECOMMENDATION:
9.1
Adopt a resolution entitled:
RESOLUTION NO. 05-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET
CLOSURES FOR OLD TOWN FRONT STREET AND
ABUTTING STREETS FROM SECOND STREET TO MORENO
DRIVE EAST FOR THE GOLD OLD DAYS CAR SHOW 2005
EVENT ON FEBRUARY 25, 26, AND 27, 2005 AND
AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT
FOR THIS SPECIFIC SPECIAL EVENT
10
Pauba Road Improvements - Phase II - Project No. PWOO-09 - Approval of the Plans
and Specifications and Solicitation of Construction Bids
RECOMMENDATION:
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10.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for Project No. PWOO-09 - Pauba Road
Improvements - Phase II.
11
Amendment No.2 to Professional Services Aqreement with Vali Cooper & Associates.
Inc. for Inspection Services for various CIP Proiects
RECOMMENDATION:
11.1 Approve Amendment No.2 to the agreement with Vali Cooper & Associates, Inc. to
provide professional inspection services in an amount not to exceed $45,000.00 and
authorize the Mayor to execute the agreement.
12
State Route 79 Relinquishment
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 05-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REQUESTING CONSIDERATION FROM THE
CALIFORNIA TRANSPORTATION COMMISSION (CTC) TO
PROCEED WITH THE PHYSICAL RELINQUISHMENT OF
STATE ROUTE 79 (SR 79) AND DEFERMENT OF THE
NEGOTIATED PAYMENT IDENTIFIED IN COOPERATIVE
AGREEMENT NO. 8-1258 TO A LATER DATE, AS
DETERMINED BY THE AVAILABILITY OF STATE FUNDING
13
Temecula Lodqinq, LLC Median Reimbursement Aqreement
RECOMMENDATION:
13.1 Approve the Temecula Lodging, LLC, Median Reimbursement Agreement between
the City of Temecula and Temecula Lodging, LLC, in the amount of $163,255.94
and authorize the Mayor to execute the agreement.
14
Renoyation of the Swimminq Pool at Temecula Elementary School
RECOMMENDATION:
14.1 Approve renovations to the Temecula Elementary School (TES) Swimming Pool in
the amount of $142,500 as a FY 20004/05 Capital Project;
14.2 Approye the transfer of appropriations in the amount of $67,500 from the Dog Park
to the TES Pool Project;
14.3 Approve the transfer of appropriations in the amount of $75,000 from the Skate Park
Drainage Project to the TES Pool Project;
R\MinuteslO11105
14.4 Authorize the release of a formal public bid for the Temecula Elementary School
Swimming Pool Improvement Project.
15
Emergency Expenditure - Murrieta Creek
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 05-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RATIFYING EMERGENCY EXPENDITURES FOR
THE RESTORATION OF PORTIONS OF THE COMMUNITY
THEATER AND CHILDREN'S MUSEUM SITES CAUSED BY
STORM WATER AND AUTHORIZING EXPENDITURES FOR
THE IMMEDIATE CONSTRUCTION OF IMPROVEMENTS TO
THE SITE TO PREVENT FURTHER DAMAGE DURING THE
RAINY SEASON
15.2 Approye a contract with Road Builders, Inc. in the amount of $125,000 to provide
the necessary emergency repairs and authorize the City Manager to execute the
contract;
15.3 Appropriate $125,000 from the City's General Fund Designated Fund Balance for
Flood Control.
MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1 - 15.
The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous
approval.
At 7:39 P.M., the City Council convened as the Temecula Community Services District, the
Temecula Redeyelopment Agency, and the Temecula Public Financing Authority. After a short
recess, at 8:13 P.M., the City Council resumed with regular business.
PUBLIC HEARING
16
Amendments to TUMF Ordinance
RECOMMENDATION:
16.1 Introduce and read by title only an ordinance entitled:
R:\MinutesI011105
ORDINANCE NO. 05-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 15.08, SECTION 4(A);
SECTION 6(B), AND SECTION 11 OF THE TEMECULA
MUNICIPAL CODE, AND ALLOWING FOR FUTURE FEE
ADJUSTMENTS TO BE ESTABLISHED BY RESOLUTION
(TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM)
Public Works Director Hughes reyiewed the staff report (as per agenda material) and noted that
after thorough analysis of construction and increase of material costs, it would be recommended
that the City of Temecula follow suit with the County and other cities in Western Riverside
County by increasing the fee by 8.8%.
There being no public comment input, the public hearing was closed.
At this time, City Attorney Thorson introduced and read by title only Ordinance No. 05-01.
MOTION: Councilman Naggar moved to introduce Ordinance No. 05-01. The motion was
seconded by Councilman Roberts and electronic vote reflected unanimous approval.
If costs were to decrease, Councilman Washington noted that the increased fee may at some
time be reduced.
17
Planning Application for a Specific Plan Amendment to the Marqarita Villaqe Specific Plan
(SP-3 PA04-0486)
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE TEXT WITHIN THE MARGARITA
VILLAGE SPECIFIC PLAN (SP-3) ZONING ORDINANCE FOR
PLANNING AREA 46 TO ALLOW NO MINIMUM BUILDING
SETBACK REQUIREMENT FROM ADJOINING PROPERTY
INES WITHIN PLANNING AREA 46 AS LONG AS THE
ADJACENT PROPERTY IS USED SOLELY FOR RECREATION,
OPEN SPACE, OR PARKING PURPOSES (PA04-0486)
Planning Director Ubnoske reyiewed the staff report (of record), noting that the sole purpose for
the proposed amendment would be to change language in the zoning section as it pertains to
Planning Area No. 46; that Planning Area No. 46 currently has a setback of 25' and the
amendment would propose to change that setback to no setback if the building were adjacent to
a property solely used for recreation, open space, or parking; that the property owners wishing
to separate the club house and the golf course from the swimming pool, the toddler lot, and the
tennis courts would require a Parcel Map; that staff could not support a Parcel Map with the
current 25' setback; therefore, the need for a Specific Plan Amendment.
R:\MinutesIO11105
City Clerk Jones advised that Mr. Barry Burnell was present to answer questions.
There being no public comment, the public hearing was closed.
At this time, City Attorney Thorson introduced and read by title only Ordinance No. 05-02.
MOTION: Councilman Naggar moyed to introduce Ordinance No. 05-02. The motion was
seconded by Councilman Roberts and electronic vote reflected unanimous approval.
18
Roripauah Ranch Specific Plan Amendment - PA04-0370: General Plan Amendment -
PA04-0371: Specific Plan Amendment PA04-0369: Tentative Tract Map No. 32004:
Amendment to Development Aareement PA04-0590
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 05-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 7B IN THE RORIPAUGH RANCH SPECIFIC PLAN FROM
OPEN SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM),
AND CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 10 FROM LOW RESIDENTIAL (L) TO LOW ESTATE
RESIDENTIAL (L-E) - LOCATED NEAR THE FUTURE
INTERSECTION OF MURRIETA HOT SPRINGS ROAD AND
POURROY ROAD (PA04-0370)
18.2 Adopt a resolution entitled:
RESOLUTION NO. 05-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0371 (SPECIFIC PLAN AMENDMENT) TO CHANGE THE
LAND USE DESIGNATIONS OF PLANNING AREA 7B FROM
OPEN SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM),
CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 10 FROM LOW RESIDENTIAL (L) TO LOW-ESTATE
RESIDENTIAL (L-E), MODIFY THE FUEL MODIFICATION
ZONE BOUNDARY, ADD ADDITIONAL DEVELOPMENT
STANDARDS FOR ACCESSORY STRUCTURES, AMEND THE
DESCRIPTION SUMMARIES OF PLANNING AREAS 1A, 7B,
10, 12, AND 27, REVISE THE DESIGN GUIDELINES, AND
MAKE OTHER MINOR TEXT CHANGES TO THE RORIPAUGH
RANCH SPECIFIC PLAN (PA04-0371)
18.3 Introduce and read by title only an ordinance entitled:
R:\MinutesIO11105
ORDINANCE NO. 05-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0371 (SPECIFIC PLAN AMENDMENT) TO AMEND THE
RESIDENTIAL DEVELOPMENT STANDARDS OF THE
RORIPAUGH RANCH SPECIFIC PLAN TO INCLUDE A LOW-
ESTATE ZONE, AND ADD DEVELOPMENT STANDARDS FOR
ACCESSORY STRUCTURES, GARAGES, AND
ENCROACHMENTS INTO YARD AREAS (PA04-0371)
18.4 Adopt a resolution entitled:
RESOLUTION NO. 05-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0369 (TENTATIVE TRACT MAP 32004) TO CREATE SIX
ADDITIONAL LOTS AND MODIFY THE CONFIGURATION OF A
TOTAL OF 18 LOTS IN PLANNING AREA 1A TO
ACCOMMODATE THE EXTENSION OF A CUL-DE-SAC,
LOCATED NEAR THE INTERSECTION OF MURRIETA HOT
SPRINGS ROAD AND POURROY ROAD (PA04-0369)
18.5 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF TEMECULA AND ASHBY USA, LLC FOR THE RORIPAUGH
RANCH SPECIFIC PLAN (PA04-0590)
(At the request of the applicant, this matter was continued off calendar).
Clarifying the applications before the City Council for consideration, Planning Director
referenced the staff report (of written material), noting that the amendment to the Development
Agreement will be continued off calendar; advised that Condition No.4 of the Specific Plan
(referencing language regarding the Deyelopment Agreement) should be deleted; and amended
Condition No. 42 N of the Tract Map to reflect the following yerbiage: 34 kv or less.
With regard to the applicant's requested change in Planning Area No. 10 (allowing 10,000
square foot lots as opposed to 20,000 square foot lots), Planning Director Ubnoske clarified, for
Councilman Washington, that this change will not affect the overall General Plan density nor
the Specific Plan, confirming that the additional land around the lots will remain open space.
For Mayor Pro Tem Roberts, Public Works Director Hughes provided clarification with regard to
the 34 kv as noted in Condition No. 42 N of the Tract Map, noting that the proposed amendment
would address the type of facilities along Rancho California Road.
R\Minutesl011105
10
For the record, City Attorney Thorson announced that on January 1, 2005, the City had receiyed
a letter from Mr. Matthew Fagan, on behalf of Ashby USA, requesting that the Development
Agreement Amendment be continued off calendar.
At this time, the public hearing was opened.
Addressing the City Council, Mr. Matthew Fagan, representing Ashby USA, LLC, relayed
concurrence with the information presented and voiced no objection to the deletion and
amendment of the conditions.
There being no additional speakers, the public hearing was closed.
MOTION: Councilman Naggar moyed adopt Resolution No. 05-07, Resolution No. 05-08,
and Resolution No. 05-09. The motion was seconded by Mayor Pro Tem Roberts and
electronic vote reflected unanimous approval.
City Attorney Thorson introduced and read by title only Ordinance No. 05-03.
MOTION: Councilman Naggar moved to introduce Ordinance No. 05-03. The motion was
seconded by Councilman Washington and electronic vote reflected unanimous approval.
MOTION: Councilman Washington moved to continue this item off calendar. The motion was
seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous approval.
COUNCIL BUSINESS
19
Council Vacancy created by the election of Jeff Stone to Riverside County Board of
Supervisors
RECOMMENDATION:
19.1 Proyide direction to staff regarding filling of Council vacancy.
City Clerk Jones reviewed the staff report (of record), highlighting the possible options available
to the Council in filing Jeff Stone's vacancy due to his election to the Riyerside County Board of
Supervisors.
For Councilman Washington, City Clerk Jones clarified the hybrid option (appointment to a
special election) and confirmed that this option is no longer available to the City Council,
adYising that the Council would have had to adopt an ordinance prior to Jeff Stone's resignation
in order to call for a Special Election and to appoint an indiYidual in the interim.
In response to Councilman Naggar, City Attorney Thorson adyised that the City Council may opt
to make an appointment this evening.
Having considered this option for the past nine months since Mr. Stone's election, Councilman
Naggar advised that during those nine months, many individuals have expressed their desire to
serve on the City Council and many have given their opinions as to the ayailable options.
Considering all options, Mr. Naggar noted the following:
R:\MinutesIO11105
11
. That he would not support a Special Election; that a June Special Election would have a
nominal voter turnout; that the cost of a Special Election would not make this a favorable
option;
That the option of appointing only an individual that would then not run in the next City
Election would not create a sense of accountability to the yoters and/or City Council;
. That his criteria for appointment would require an individual not new to community; an
individual that has served the community in some capacity;
That in the past nine months, those individuals interested in filling this Council seat have
contacted the City Council;
That he will make a motion this evening to appoint Maryann Edwards.
Having as well thought of the Council's options since March of 2004, Councilman Washington
advised that his initial thought was for a Special Election; that he has changed his mind and
would support an appointment for the following reasons: short timeframe, expense of a special
election, low turnout, another election 18 months after the special election for a reelection, and
the most qualified individual should be appointed to fill this vacancy.
Advising that during his tenure on the City Council, Mayor Pro Tem Roberts noted that the
Council has previously made three appointments to the City Council for vacancies; commented
on the need for a fifth councilmember for those times when a four-fifths vote may be necessary
and with regard to conflict of interest issues. Speaking in support of an appointment, Mr.
Roberts addressed the upcoming General Plan Update matter, noting that a full Council is a
must and as well expressed opposition to expending the amount of money required for a special
election.
Echoing those comments made by Councilman Washington, Mayor Comerchero explained his
initial thought process of thinking that the public always has a right to choose its official and that
that City Council choosing may not be the best approach; commented on the practical side of
this matter and, therefore, expressing his support of an appointment; relayed support of
Councilman Naggar's recommendation of Maryann Edwards but noted that he would not
support an appointment this evening, viewing it incumbent upon the Council to open up the
process to the public and encouraging the solicitation of applications in order for an interview
process.
Confirming the Council's unanimous stand with regard to the opposition of a special election,
Councilman Washington apprised the Council of individuals that have expressed interest in the
Council yacancy (Mr. Telesio, Ms. Edwards, Mrs. Moore, Mrs. Birdsall), noting that the
application process has been open and stated that anyone applying at this point in time would
probably not be someone he would support.
Concurring with Councilman Washington's comments, Councilman Naggar apprised the public
of Ms. Edwards' stellar experience and community involvement and offered the following
motion:
MOTION: Councilman Naggar moved to appoint Maryann Edwards to the City Council.
Councilman Washington seconded the motion. Additional discussion ensued prior to the
vote; see page 13.
R:\MinutesIO11105
12
As a strong supporter of Maryann Edwards and concurring with Councilman Naggar's
comments, Councilman Washington commented on Ms. Edwards' qualifications and noted that
he could support Ms. Edwards this eyening and would support her as well two weeks from now.
Applauding all those other individuals that have expressed an interest, Mr. Washington stated
that Ms. Edwards, in his mind, will be the most qualified individual.
Although being of the opinion that this process should be opened up to the public for the
submittal of applications, Mayor Comerchero expressed his support of the appointment in light
of the motion before the City Council.
Being of the opinion that in two weeks he would still support the appointment of Ms. Edwards,
Mayor Pro Tem Roberts relayed his support of the motion.
At this time, the electronic vote of the previously made motion reflected unanimous
approval to appoint Maryann Edwards to the City Council, term ending November 2006.
Relaying delight and surprise with the Council's decision to appoint her to the City Council, Ms.
Edwards thanked the City Council for its yote of confidence.
It was noted that Ms. Edwards would be sworn in and seated at the January 25, 2005, City
Council meeting.
20
Selection of City Council Committee Assignments
RECOMMENDATION:
20.1 Appoint a member of the City Council to serve as liaison to each of the City
Commissions and Committees:
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
PubliclTraffic Safety Commission
20.2 Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisorv Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee
Finance Committee
Joint City CouncillTVUSD Committee
Library Task Force
Old Town Temecula Community Theater Ad Hoc CommitteelTheater Advisory
Committee
Public Works/Facilities Committee
R:\Minutes\011 1 05
13
20.3 Appoint member(s) of the City Council to serve on each of the following external
committees:
Representative Assianments (External Organizations)
Animal Friends Liaison/JPA Representative
French Valley Airport Committee
League of Calif. Congress - 2005 Voting Delegates
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2005 Voting Delegate
Pechanga Tribal Council Liaison
Riverside County Habitat Conservation Agency (advisory only)
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG/RCA Representative
20.4 Appoint member(s) of the City Council to serve on each of the following Council
Subcommittees:
Council Subcommittees
Cable Franchise Renewal Committee
Campus Project Ad Hoc Council Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Old Town Civic Center Ad Hoc Subcommittee
Open Space Subcommittee
Ronald Reagan Sports Park Ad Hoc Subcommittee
SAF-T NET Subcommittee
Technology Ad Hoc Subcommittee
Telecommunications Subcommittee
Temecula Hospital Ad Hoc Subcommittee
Temecula/Murrieta Subcommittee
Veteran's War Memorial
Villages of Old Town Ad Hoc Committee
Wall of Honor Ad Hoc Subcommittee
Zone Committee (relating to TUMF Program for WRCOG)
20.5 Reyiew the current members of the General Plan Community Advisory Committee
and appointment new members as appropriate:
General Plan Community Advisorv Committee
1 Planning Commissioner - David Matthewson
1 Public Traffic Safety Commissioner - Darrell Connerton
1 Community Services Commissioner - Jim Meyler
5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John
Telesio
1 Representative of the Chamber of Commerce - Janese Reyes
R:\MinutesI011105
14
1 Representative of the EDC - Gary Youmans
1 Representative of a local enyironmental or community organization - Bob
Wheeler
The 5 City residents represent one appointment from each Councilmember. Darrell
Connerton is no longer on the Traffic Commission so another representative for that
commission will need to be appointed.
MOTION: Mayor Pro Tem Roberts moved to continue this item to the meeting of February 8,
2005. The motion was seconded by Councilman Naggar and electronic vote reflected
unanimous approval.
21
Disaster Relief Donation to the American Red Cross (Tsunami Victims)
(Requested by Mayor Comerchero and Councilman Naggar)
RECOMMENDATION:
21.1 Proyide direction to staff regarding an appropriation and donation of $25,000 to the
American Red Cross to assist with the disaster relief efforts underway in South Asia;
21.2 Adopt a resolution entitled:
RESOLUTION NO. 05-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA IN SUPPORT OF THE CONTINUED TSUNAMI
DISASTER RELIEF EFFORT IN SOUTH ASIA
Senior Management Analyst Adams reviewed the staff report (as per agenda material), advising
that representatives from the local chapter of the American Red Cross are in attendance.
In light of the help needed for these people, Mayor Pro Tem Roberts relayed his support of this
item.
In response to Councilman Naggar, Mayor Comerchero advised that the reason for the
resolution was for the purpose of involving the National League of Cities in addition to the
request for a donation.
Supporting the efforts of the Red Cross, Councilman Washington congratulated Mr. Bruce Cripe
on joining the Red Cross.
MOTION: Councilman Naggar moved to approye staff recommendation (21.1 and 21.2). The
motion was seconded by Mayor Comerchero and electronic yote reflected unanimous approyal.
Mr. James McMann, Board of Directors with the American Red Cross - Riverside County,
thanked the City Council for its generous donation; assured the Council that all donated funds
will be utilized in an efficient and accountable manner; advised that to date, the County has
received oyer $240,000 in donations earmarked for this particular disaster; and distributed
emergency brochures to the Council and public.
R:\Minutes\O11105
15
22
Draft Heritage Tree Policy
RECOMMENDATION:
22.1 Review the draft of the Heritage Tree Preservation and Protection Policy and
appoint a subcommittee to finalize the policy.
As per agenda material, Principal Planner Brown provided an update on the draft Heritage Tree
Policy as suggested by Mayor Pro Tem Roberts; thanked Management Analyst Yasinosky for
her efforts; and recommended the appointment of Mayor Pro Tem Roberts along with one
other City Councilmember to a subcommittee to aid in the finalization of this policy.
Councilman Naggar commended Mayor Pro Tem Roberts on his efforts associated with this
matter.
Mayor Pro Tem Roberts relayed his desire to preserve as many oak trees as possible.
Councilman Washington praised Mr. Roberts on his efforts to preserve the City's oak trees.
MOTION: Councilman Naggar moyed to appoint Mayor Pro Tem Roberts and Councilman
Washington to serve on the Draft Heritage Tree Policy Subcommittee. The motion was
seconded by Councilman Washington and electronic vote reflected unanimous approval.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
With respect to the Closed Session, City Attorney Thorson adyised that there are no items to
report with regard to Item No.1 (labor negotiations); with regard to Item No.2 (real property
items), Mr. Thorson advised that there was as well nothing to report other than the fact that the
City Council gaye direction to the staff with respect to the acquisition of the temporary
construction easements; and with regard to Item No.3 (RCIP), Mr. Thorson advised that Mayor
Comerchero and Mayor Pro Tem Roberts abstained from this matter due to conflicts of interest
and the subcommittee, comprised of Councilman Naggar and Councilman Washington, did
discuss the matter with staff.
R:\MinuteslO11105
16
ADJOURNMENT
At 9:10 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
January 25, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\O11105
17
ITEM 3
RESOLUTION NO. OS--
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 $4,126,862.74.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 8th day of February, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 2005/Resos 05-
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. 05-- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 8th day of February, 2005 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
AlAesos 2005/Aesos 05-
I
I
I
01/20/05 TOTAL CHECK RUN:
01/27/05 TOTAL CHECK RUN:
01/27/05 TOTAL PAYROLL RUN:
CITY OF TEMECULA
LIST OF DEMANDS
TOTAL LIST OF DEMANDS FOR 02108105 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
120
165
190
192
193
194
195
210
280
300
310
320
330
340
460
001
165
190
192
193
194
280
300
320
330
340
GENERAL FUND
DEVELOPMENT IMPACT FUND
RDA DEV-LOW/MOD SET ASIDE
COMMUNITY SERVICES DiSTRiCT
TCSO SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL R
CAPITAL IMPROVEMENT PROJ. FUND
REDEVELOPMENT AGENCY.CiP
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
CFD 88.12 DEBT SVC FUND
GENERAL FUND
RDA-LOW/MOD SET ASiDE
COMMUNITY SERViCES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
REDEVELOPMENT AGENCY-CiP
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACiLITIES
TOTAL BY FUND:
2.309.342.56
1,459,328.17
358,192.01
4,126,862.74
672,606.49
86,483,01
28,406,14
118.579,59
39.110,72
7,888,56
1,802,682.68
2,300,00
930.779,25
20.595.33
2,949.97
1,084.00
27,536.61
10,502.81
9,694.94
7,470.63
3,768,670.73
251.247,64
5.215.18
60,939.41
114,28
4,972,82
827,48
2,479.66
1,137.25
20,853.12
3,167,54
7,237.63
358,192.01
4,126.862.74
,HEREBY CERTIFY THAT THE FOLLOWiNG IS TRUE AND CORRECT.
,HEREBY CERTiFY THAT THE FOLLOWiNG IS TRUE AND CORRECT.
apChkLst
01/20/2005
3:39:S5PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
--
97166 01/20/2005 004594 2 HOT ACTIVEWEAR
97167 01/20/2005 005126 A E G SOLUTIONS
97168 01/20/2005 001985 A E P (ASSOC OF ENVIRO
97169 01/20/2005 007186 AB MAILING SOLUTIONS
97170 01/20/2005 002038 ACTiON POOL & SPA SUPPLY
97171 01/20/2005 005735 AEROSURF INC
97172 01/20/2005 002733 ALBAO, NANCY
97173 01/20/2005 006915 ALLIE'S PARTY EQUiPMENT
Final Check List
CITY OF TEMECULA
Page: 1
Description
Amount Paid
Check Total
Official unifonns:traffic police
Official unifonns:traffic police
Bailcaps:Temecula Fire Dept
786.58
372.82
181.02
1,340.42
Auto CAD drawing suppiies: CIP
141.65
141.65
Membership: Stephen Brown
100.00
100.00
Mailing business license renewal ntcs
463.77
463.77
Pool sanitizing chemicals
23.56
23.56
OcUNov/Dec internet svcs: RRlJS
299.70
299.70
Refund: Security Depst CRC 216103
100.00
100.00
Equip rentai:Old Twn Christmas Event
Equip rental:Old Twn Christmas Event
Equip rental:Oid Twn Christmas Event
788.92
750.12
64.40
1,603.44
342.50
275.60
97174 01/20/2005 004240 AMERICAN FORENSiC NURSES DUI Drug & Aicohol Screenin9
DUI Drug & Aicohol Screening
97175 01/20/2005 000747 AMERICAN PLANNING ASSOCI
97176 01/20/2005 000936 AMERICAN RED CROSS
97177 01/20/2005 003520 AMERICAN SOCIETY OF
97178 01/20/2005 000101 APPLE ONE iNC
97179 01/20/2005 001561 ARCH WIRELESS
97180 01/20/2005 002541 BECKER CONSTRUCTION SRV
97181 01/20/2005 008483 BRANSTINE, ELIZABETH
618.10
'05 Ann'l Conf:3I19-23:Teiesio
675.00
675.00
Tsunami Disaster Relief Effort
25,000.00
25,000.00
2004 Old Town music license
209.56
209.56
Temp Help PPE 12125 & 1/1 Bucha
Temp Help PPE 1214 Buchnanan
Temp heip PPE 1/1 Kasparian
702.00
519.75
465.75
1,687.50
Dec-Mar paging/rental sves
546.04
546.04
Sidewaik repair:Santia90 Rd
Del Rio @ Las Haciendas back-fill
J.warner Rd Stann clean-up svcs
Vailejo Ave stann clean-up work
15,795.00
5,185.00
4,245.55
862.31
26,087.86
Refund: Security Depst CRC 1/20/00
100.00
100.00
Page:1
apChkLsl
01/20/2005
Final Check List
CITY OF TEMECULA
3:39:55PM
Page: 2
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Description
Vendor
--
97182 01/20/2005 008480 BRAVO, ELISHA
Refund: Security Depst Picnic Sheiter
97183 01/20/2005 008486 BRICKEY, KAORI
Refund: Tiny Tots-Fabulous 4 & 5
97184 01120/2005 003455 BROADCAST MUSIC INC
Did Twn events music license
97185 01/20/2005 008472 BROWN, BUNYAN, MOON & MO Refund: Trust Acel TRUOO01003
97186 01/20/2005 006908 C C & COMPANY INC
EntertainmentHarveston Prk Grand
97187 01/20/2005 003138 CAL MAT
PW patch truck materials
97188 01/20/2005 000638 CALlFDEPTOFCONSERVATIO 20044stQtrpmtstrongmotion
97189 01/20/2005 003577 CALIF DEPT OF EQUALIZATION Dee - Jan Sales & Use Tax Return
97190 01/20/2005 004248 CALIF DEPT OF JUSTICE-ACCT Fingerprinting ID svcs:Police Dept
97191 01/20/2005 002534 CATERERS CAFE
Refreshments:Councii Mtg 12/14
97192 01/20/2005 000137 CHEVRON USA INC
Police vehicles fuel expense
City Mgrs vehicle fuel expense
97193 01/20/2005 004210 CiRCUIT CITY
Fire Notebook accessories
97194 01/20/2005 005708 CLEAR CHANNEL BROADCASTt Oid Twn Halioween broadcasting svcs
Old Twn ESG broadcasting svcs
97195 01/20/2005 006318 CORNERSTONE ACADEMY
Refund:Security Depst CRC 8/27/02
97196 01/20/2005 005951 COUPLES FOR CHRIST
Retund: Security Depst CRC 6129/02
97197 01/20/2005 008484 CUENCA, DEBORAH
Refund:Security Depst CRC Cancel
97198 01/20/2005 003754 DOWNTOWN
1 yr subscription: Idea Exchange
1 yr Subscription renewal
97199 01/20/2005 003754 DOWNTOWN
1 yr subscription:Prom Reporter
Amount Paid Check Total
100.00 100.00
59.00 59.00
166.79 166.79
540.00 540.00
300.00 300.00
3,855.22 3,855.22
5,686.54 5.686.54
5,090.00 5,090.00
2,598.00 2,598.00
202.04 202.04
411.12
89.63 500.75
53.86 53.86
550.00
240.00 790.00
100.00 100.00
100.00 100.00
363,00 363.00
208.50
198.50 407.00
184.50 184.50
Page:2
apChkLst
01120/2005
3:39:55PM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
--
97200 01/20/2005 008485 ELABDALLAH, FATIMA
97201 01/20/2005 008487 EVERETT, GINGER
Final Check List
CITY OF TEMECULA
Page: 3
Description
Amount Paid
Check Total
Refund: Tiny Tots-Terrific 3's
59.00
59.00
Refund: Tiny Tots-Terrific 3's
59.00
59.00
97202 01/20/2005 004464 EXXON MOBIL CARD SERVICES Fuel expense for City vehicies
61.92
61.92
97203 01/20/2005 005586 FACTS
97204 01/20/2005 008482 FASSBENDER. NANCY L.
97205 01/20/2005 000165 FEDERAL EXPRESS INC
97206 01/20/2005 000166 FIRST AMERiCAN TITLE
97207 01/20/2005 008481 GALBRAITH CHiROPRACTIC A
97208 01/20/2005 008479 GASPERIK, DON
97209 01/20/2005 000177 GLENNIES OFFICE PRODUCTS
97210 01120/2005 005831 HADJIS. MARCINA
Refund: Security Depst CRC 2/8/03
100.00
100.00
Refund: Security Depst CRC 9/21/04
100.00
100.00
Express mail services
124.09
124.09
Lot 8ook Report: Fitzpatrick
Lot Book Report: Shields
Lot 8ook Report: Schaffer
75.00
75,00
75,00
225.00
Refund: Security Depst CRC 2/25/03
100.00
100,00
Refund: Security Depst Picnic Shelter
100.00
100,00
Office Suppiies & Equip:Tcsd
Office supplies:PW-Land Devel
Office Suppiies: IS/GiS
Office Suppiies: Bldg & Safety
Office Supplies:Central Services
Office Suppiies: T.Museum
Office Supplies: RDA/Low-Mod
783.96
402.58
210.84
184.58
87.72
46.05
40.99
1,756.72
Refund: Security Depst CRC 3/14/03
100.00
100.00
97211 01/20/2005 008488 HEARTSAVERS OF TEMECULA Refund: Security Depst CRC 1/28/03
97212 01/20/2005 008473 HIKE, JACQUEliNE B
97213 01/20/2005 003198 HOME DEPOT, THE
100.00
100.00
Refund:Security Depst CRC 9/23/04
100.00
100.00
Res Impr pr9m: Sebance, Hallie
1,127.00
1,127.00
97214 01/20/2005 008356 HORIZON MECHANICAL OF CA Install Pool Water Heater:CRC
1,897,97
1,897.97
97215 01/20/2005 003266 IRON MOUNTAIN OFFSITE
Records Mgmt Microfilm Storage
420.50
420.50
Page3
apChklst
01/20/200S
3:39:55PM
Final Check List
CITY OF TEMECUlA
Page: 4
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
--
97216 01/20/2005 001091 KEYSER MARSTON ASSOCIAT Dec Affordable housing svcs
9,898.98
9,898.98
97217 01/20/2005 001282 KNORR SYSTEMS iNC
CRC Pooi repair and mntc svcs
192.00
192.00
97218 01/20/2005 004062 KUSTOM SiGNALS INC
2 KA-Band Dash Radars
4,519.56
4,519.56
97219 01/20/2005 006744 LAMAR CORPORATION, THE
Jan Biiiboard lease.Old Town
2,700.00
2,700.00
97220 01/20/2005 000210 lEAGUE OF CALIF CITIES
'05 CAlPACS Agency Membership
150.00
150.00
97221 01/20/2005 003726 LIFE ASSIST INC
Suppiies For Paramedic Squad
444.88
444.88
97222 01120/2005 008474 LlNKOGlE, MYKElLA
Refund: Tumbie Jungle-Early Tumbier
26.00
26.00
97223 01/20/2005 006654 lOST CANYON RANGERS
11/21 Oid Town Christmas entertainm
600.00
600.00
97224 01/20/2005 004141 MAINTEX INC
C. Museum custodial supplies
Maint Fac custodial supplies
C. Museum custodial supplies
398.72
304.15
42.92
745.79
97225 01/20/2005 000217 MARGARITA OFFICIALS ASSN
Nov Sports Prgm Officiating Svcs
2,030.00
2,030.00
97226 01/20/2005 007214 MAUREEN KANE & ASSOCIATE Tech Track/Clerk Trn:3I15-18105
1,760.00
1,760.00
97227 01/20/2005 000944 MCCAIN TRAFFIC SUPPLY INC
upgrade/inslaii upgrade OUICNET sys
5,000.00
5,000.00
97228 01/20/2005 007210 MIDORJ GARDENS
Dec Idscp main\: neighborhood prks
irrigation repairs @ Veterans Park
30,000.00
147.24
30,147.24
97229 01/20/2005 008492 MIKE ROVNER CONSTRUCTIO
Refund: business license fee
35.00
35.00
97230 01/20/2005 001384 MINUTEMAN PRESS
business cards:J. Domenoe/H. Schrad
business
230.41
229.72
460.13
97231 01/20/2005 004534 MOBilE SATELLITE VENTURES Jan EOC Stn Sateiiite Phone Svcs
70.82
70.82
Page:4
apChkLst
01/20/2005
3:39:55PM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
--
97232 01/20/2005 000883 MONTELEONE EXCAVATING
97233 01/20/2005 008478 MOSLEY-MEYER, DELILAH
Final Check List
CITY OF TEMECULA
Page: 5
Description
Amount Paid
Check Total
emerg, work:Santiago desiiting Ponds
emerg. cieaning of Vaiiejo Channel
Service Level 'R" Area Grading Svcs
emerg sand bags/delivery to Rancho V
emerg clearing slit/debris Vailejo Rd
creditovrchrg 4 hrs back hoe operatio
8,304.00
5,568.00
1,150.00
882.00
796.00
-488.00
16,212.00
Refund:Sec. DepositCRC
150.00
150.00
97234 01/20/2005 006146 MT SAN JACINTO COMMUNITY entertainment ESG Mystery Weekend
600.00
600.00
97235 01/20/2005 003039 MURRIETA VALLEY HIGH SCH
97236 01/20/2005 000727 NATIONAL FIRE PROTECTiON
97237 01/20/2005 008357 NISSIN ENTERPRISES INC
O.T. hoiiday perlormance
150.00
150.00
02/28/05-02/28/06 mbrshp:2236624
135.00
135.00
High Hopes recogn awards
688.63
688.63
97238 01/20/2005 003964 OFFICE DEPOT BUSINESS SVS office supplies: Finance
232.52
232.52
97239 01/20/2005 006721 OFFiCEMAX - A BOiSE
97240 01/20/2005 002105 OLD TOWN TIRE & SERVICE
97241 01/20/2005 008491 OPTI-FORMS INC
Misc. Office Supplies: Planning
office suppiies: Finance
608.45
607.82
1,216.27
City Vehicie Repair/Maint Svcs
City Vehicie Repair/Maint Svcs
City Vehicie Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
392.13
392.13
199.34
180.12
133.81
1,297,53
Refund: TUMF fees overpayment
1,015.20
1,015.20
97242 01/20/2005 004538 PAULEY EQUIPMENT COM PAN Muie rental for code enforcement
various park sites equip repairs
97243 01/20/2005 003397 PENNWELL CORPORATION
97244 01/20/2005 000249 PETTY CASH
97245 01/20/2005 008328 PORTER ATHLETIC EQUIP
268.80
187.49
456.29
Strategic Pianning: Fire Prev
58.19
58.19
Petty Cash Reimbursement
308.79
308.79
4 basketbail backboards @ CRC
2,191.58
2,191.58
1,155.24
1,155.24
97246 01/20/2005 000254 PRESS ENTERPRISE COMPAN Dee recruit ads for H.R. Dept.
Page:5
apChkLst
01120/2005
3:39:55PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
--
Final Check List
CITY OF TEMECULA
(Continued)
Description
97247 01120/2005 003493 PRO-CRAFT OVERHEAD DOOR Res Imp Prgm: Shaw, David
Credit add'i work amendment in prace
97248 01/20/2005 008453 PROFITABLE FOOD FACILITIES Com. Theater concession feasibilty sl
97249 01/20/2005 004529 QUAID TEMECULA HARLEY-DA Dee repair/maintPolice motorcycles
97250 01/20/2005 002012 R D 0 EQUIPMENT COMPANY
97251 01/20/2005 002612 RADIO SHACK INC
97252 01120/2005 000262 RANCHOCALIFWATERDIST
97253 01/20/2005 004584 REGENCY LIGHTING
97254 01/20/2005 002907 REINHART FONTES
97255 01/20/2005 003591 RENES COMMERCIAL MANAGE
97256 01/20/2005 004498 REPUBLIC ELECTRiC
97257 01/20/2005 002412 RiCHARDS WATSON &
97258 01/20/2005 000352 RIVERSIDE CO ASSESSOR
97259 01/20/2005 000268 RIVERSIDE CO HABITAT
97260 01/20/2005 000357 RIVERSIDE CO
97261 01/20/2005 003587 RIZZO CONSTRUCTION INC
97262 01/20/2005 000278 SAN DIEGO UNION TRIBUNE
PW Maint back hoe repair
mise computer supplies for I.S. Dept.
inv# 010452 caiculation incorrect
Various Water Meters
Various Water Meters
Various Water Meters
Jan 01-17-66120-0 Pechanga Pkwy
various park s~es electricai supplies
appraisal svcs: 41934 & 41950 Main S
City RO.w.'s annual weed control
remove R-O-W trees due to heavy ra
emerg Citywide tree/debris removal
emerg Citywide tree/debris removal
Traffic Signal Maint @ JeffersonlOvrln
Nov 2004 legal services
Assessor Maps for 8&S Dept
Oct-Dee 2004 K-Rat payment
FY 04/05 1 sl qtr traffic sgnl maint svcs
seal ieeking window @ City Hall
Refund: bldg pennil fees
Dee recruit ads for H.R Dept.
Page: 6
Amount Paid
Check Total
982.06
-187.06
795.00
3,900.00
3,900.00
638.57
638.57
28.49
28.49
40.92
3.41
44.33
4,415.30
859.90
67.27
42.90
5,385.37
230.93
230.93
8,000.00
8,000.00
9,000.00
1,875.00
1,775.00
1,675.00
14,325.00
599.09
599.09
87,282.59
87,282.59
60.00
60.00
98,000.00
98,000.00
1,104.00
1,104.00
750.00
270.80
1,020,80
502.71
502.71
Page:6
apChkLst
01/20/2005
3:39:55PM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
--
97263 01120/2005 000645 SMART & FINAL INC
97264 01/20/2005 000537 SO CALIF EDISON
97265 01/20/2005 000519 SOUTH COUNTY PEST
97266 01/20/2005 004282 SOUTHWEST TRAFFIC SYSTE
97267 01/20/2005 008477 SPRINGS COMMUNITY
Final Check List
CITY OF TEMECULA
Page: 7
Description
Amount Paid
Check Total
recreation suppiies tor MPSC
coffee supplies:City Hail/Maint Fac
recreation supplies for MPSC
159.22
101.97
65.79
326.98
Jan 2-01-202-7330 various mtrs
Dee 2-00-397-5059 various mtrs
Jan 2-06-105-0654 various mtrs
Jan 2-10-331-1353 Fire Stn 84
Dee 2-24-151-6582 various mtrs
39,031.68
6,720.32
2.715.26
928.91
173,89
49,570.06
Pest Control Svcs for Code Enforce
Fire Stn 84 pest control svcs
84.00
80.00
164.00
light bars for PW CIP Pool Vehicle
1,084,00
1,084,00
Refund:Room Rental:CRC 12/05104
110.00
110.00
97268 01/20/2005 006145 STENO SOLUTIONS TRANSCRI Dee transcription srvcs: Police
2,089.92
2,089.92
97269 01/20/2005 004570 STEPHEN G WHITE, MAl
97270001/20/2005 007607 T.V.U.S.D. CHILD CARE
97271 01/20/2005 006914 TEMECULA COPIERS INC.
CFD 03-02 appraisal services
22,500.00
22,500.00
Refund:Sec. Deposit:07/03l03
100,00
100.00
Dee Copier Usage Chrgs:City Fac
2,864.95
2,864.95
97272 01/20/2005 008292 TEMECULA DIESEL AUTO & TR Repairs on PW Maint Patch Truck
614.80
614.80
97273 01/20/2005 001035 TEMECULA ENVIRONMENTAL
Jul-Dec 2004 trash hauling services
1,802,049.48
1,802,049.48
97274 01/20/2005 004847 TEMECULA PERFORMING ART Refund:Sec. Deposit:CRC 02/01102
100.00
100.00
97275 01/20/2005 000307 TEMECULA TROPHY COMPAN
ee's ot the qtr/year recogn awards
CSD Commission recogn. awards
482.72
439,21
921.93
97276 01/20/2005 005722 TEMECULA VALLEY GARDEN C FY 04/05 Comm. Svc Fundin9 Awrd
500.00
500.00
97277 01/20/2005 000311 TEMECULA VALLEY HIGH SCH
97278 01/20/2005 000312 TEMECULA VALLEY PLAYHOU
O.T. hoiiday pertormance
150.00
150.00
Pertormance: ESG Mystery Weekend
350.00
350.00
97279 01/20/2005 003598 TEMECULA VINTAGE SINGERS Old Town holiday entertainment
200.00
200.00
Page:7
apChkLst
01/20/2005
3:39:5SPM
Final Check List
CITY OF TEMECULA
Page: B
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
--
97280 01/20/2005 000668 TIMMY 0 PRODUCTIONS INC
Sound/OJ svc:Veterans Mem. 11/11
1,075.00
1,075.00
97281 01/20/2005 003633 TOLL ROADS, THE
Sep-Dec Toil Roads Usage
69.70
69.70
97282 01/20/2005 004308 TOWNE & COUNTRY AUTO & T PW patch truck towin9 svc
135.00
135.00
97283 01/20/2005 003665 VARTEC SOLUTIONS INC
Dee long distance phone svcs
14.26
14.26
97284 01120/2005 004261 VERIZON
Jan xxx-5072 generai usage
Dee xxx-1540 O.T. Prk Lot
Jan xxx-1941 PTA CD TTACSD
Jan xxx-3851 general usage
4,618.18
90.10
61.20
40.41
4,809.89
97285 01120/2005 004789 VERIZON ONLINE
Internet svcslEOC backup @ stn 84
72.35
72.35
97286 01/20/2005 004200 VERIZON WIRELESS LLC
12/20/04-01/03105 pager svos: Stone
21.22
21.22
97287 01120/2005 008476 VISTA WESLEYAN CHURCH
Refund:Soc. Deposit:CRC 07/21/02
100.00
100.00
97288 01/20/2005 004829 WILSON GROUP LLC, THE
Jan State iobbyist svcs for City issues
3.500.00
3,500.00
97289 01/20/2005 008475 WINDSOR CAPITAL GROUP
Refund:Soc. Deposit:09/28103
100,00
100.00
97290 01/20/2005 008418 WOODSIDE WOLF CREEK 1211 Refund:gradin9 perrnit:TM29798-1 Ph
Refund:grading perrnit:TM29798-5
5,692.00
5.308.00
6,050.00
5,610.00
11,000.00
97291 01/20/2005 008489 WOODSIDE WOLF CREEK 127 I Refund:9radin9 perrnitTM29798-3 Ph
Refund:grading perrnit:TM29798-7
11,660.00
Grand total for UNION BANK OF CALIFORNIA:
2,309,342.56
Page:8
apChkLsl
01127/200S
2:40:47PM
Final Check List
CITY OF TEMECULA
(/
Page: 1
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
Description
Amount Paid
Check Total
--
440 01/27/2005 000389 US C M WEST (OBRA),
OBRA - Project Retirement Payment
2,237.34
2.237.34
441 01/27/2005 000444 INSTATAX (EDD)
Slate Disability Ins Payment
16,865.18
16,865.18
442 01/27/2005 000283 INSTATAX (IRS)
Federal Income Taxes Payment
65,539.44
65,539.44
443 01/27/2005 001065 NATIONWIDE RETiREMENT SO Nationwide Retirement Payment
17.299.95
17,299.95
444 01/27/2005 000246 PERS (EMPLOYEES' RETiREME PERS ER Paid Member Contr Pmt
90,171.50
90,171.50
445 01/27/2005 000444 INSTATAX (EDD)
Unemployment Insurance 4'" Qtr
8.142.87
8,142.87
97292 01/27/2005 001515 ASAPTRUCK,TRACTOR-
Weed abatement svcs:apn 922-190-0
138.55
138.55
97293 01/27/2005 004918 A W DIRECT INC
Small tools for Paramedic squad
Small toois lor Paramedic squad
358.89
53.85
412.74
97294 01/27/2005 005058 ADAMS, AARON
Reimb:CTC Hearing:1/19-20/05
263.01
263.01
97295 01/27/2005 006915 ALLIE'S PARTY EQUiPMENT
Concert Faire equip rental: 1/20
1,079.11
1,079.11
97296 01/27/2005 000747 AMERICAN PLANNING ASSOCI
Membership: Matthew C. Harris
210.00
210.00
97297 01/27/2005 002187 ANIMAL FRIENDS OF THE VALL Dec. Animai controi services
8,750.00
8,750.00
97298 01/27/200S 000101 APPLE ONE INC
Temp help PPE 1/19 Kasparian
Temp help PPE 1/8 Kasparian
Temp help PPE 1/8 Piascencia
Temp heip PPE 1/8 Buchanan
Temp heip PPE 1/15 Buchanan
672.30
648.00
594.00
526.50
432.00
2,872.80
97299 01/27/2005 008062 ARROW STAFF RESOURCES, I Temp help PPE 1/2 Grove/Heer
Temp help PPE 12/26 Grove/Heer
2,463.47
2,463.47
4,926.94
97300 01/27/2005 001323 ARROWHEAD WATER INC
Bottled wtr servs @ Mntc Fac
369.99
369.99
97301 01/27/2005 005946 AYERS DISTRIBUTING
Suppiies for Easter Egg Hunt
590.00
590.00
97302 01/27/2005 007438 B I A OF SOUTHERN
Re9ist:Stonn Wtr Sem:MP/JV: 3/3
458.00
458.00
Page:1
apChkLst
01127/2005
2:40:47PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
--
97303 01/27/2005 002541 BECKER CONSTRUCTION SRV Citywide silt removal from heavy rains
3,910.20
3,910.20
97304 01/27/2005 004778 8ERRYMAN & HENIGAR INC
Nov-Dec Design:Rancho Calif Rd
6,229.50
6,229.50
97305 01/27/2005 008494 BUDGET MOTEL MANAGEMEN
Raised Ldscp on Jefferson median
163,255.94
163,255.94
97306 01127/2005 006908 C C & COMPANY INC
Mother/Son date night entertainment
Father/Daughter date night entertain
200.00
200.00
400.00
97307 01/27/2005 008495 C R P ETHNIC MINORiTY ASSC Registlnstaiiation & Awards
38,00
38.00
97308 01/27/2005 004621 C-18INC
Citywide Street Striping Project
14,556.68
14,556.68
97309 01/27/2005 005384 CALIF BAGEL BAKERY & DELI
Refrshmnts:Councii Mtg 1/11/05
165.94
165.94
97310 01/27/2005 004971 CANON FINANCiAL SERVICES,
Feb lease pmt for City copiers
Feb lease pmt for CRC/Fire Copiers
Feb iease pmt for Fire Stn 12
6,930.78
328.63
69.96
7,329.37
97311 01/27/2005 008500 CARTER, MOLLY
Refund: Creative Beg's Mom & Me
20.00
20.00
97312 01/27/2005 005708 CLEAR CHANNEL BROADCASTI Old Twn Christmas Radio Broadcast
570.00
570.00
97313 01/27/2005 004405 COMMUNITY HEALTH CHARI
Community Health Charities Payment
122.00
122.00
97314 01127/2005 001193 COMPUSAINC
Mise Computer Suppiies: IS
129.36
129.36
97315 01/27/2005 001923 CONYERSE CONSULTANTS
Sept-Oct Geotech Jefferson Rd
3,511.50
3,511.50
97316 01/27/2005 008417 COPWARE INC
'05 Calif Codesl1yr sub to CPOLS
145.37
145.37
97317 01/27/2005 001264 COSTCOWHOLESALE
GIS 13" TV for viewing Council mtgs
161.61
161.61
97318 01127/2005 001264 COSTCOWHOLESALE
Agency Mbshp: 000111667050820
90.00
90.00
97319 01/27/2005 003739 COTTON BRIDGES ASSOCIATE Dee update general pian svcs
19,145.50
19,145.50
97320 01/27/2005 001009 DB X INC
Traffic Signals:MeadowsiLa Serena
223,435.80
223,435.80
Page2
apChkLst
01/27/2005
2:40:47PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
--
97321 01/27/2005 003561 D F M ASSOCIATES
97322 01/27/2005 004569 DAVID TAUSSIG & ASSOCIATE
Final Check List
CITY OF TEMECULA
(Continued)
Description
2005 Calif Elections Code Manual
Special tax consuiting:Roripaugh CFD
97323 01/27/2005 003383 DEAMER APPLIANCE SERVICE Replace dishwasher: Fire Stn 84
97324 01/27/2005 003945 DIAMOND ENVIRONMENTAL
97325 01/27/2005 004294 DIVERSIFIED LANDSCAPE CO.
97326 01/27/2005 008230 DOUGLAS E 8ARNHART INC
97327 01/27/2005 004192 DOWNS COMMERCIAL FUELI
97328 01/27/2005 002390 EASTERN MUNICIPAL WATER
97329 01/27/2005 002712 ECONOMIC & POLITICAL INC
97330 01/27/2005 000161 EDEN SYSTEMS INC
97331 01/27/2005 008497 EMPEY, LORI
97332 01/27/2005 002438 ENGEN CORPORATION
97333 01/27/2005 000164 ESGIL CORPORATION
97334 01/27/2005 000478 FAST SIGNS
97335 01/27/2005 000165 FEDERAL EXPRESS INC
97336 01/27/2005 000166 FIRST AMERICAN TITLE
Pump out kitchen grease: CRC
Portable restroom: Fire Stn 12
Portable restrooms: C.Museum
Portable restroom: Bttrtld Stage Prk
Dee habitat restoration @ Pala Rd
Dee Prgss:Wolf Crk Sprts Complex
Fuel for city vehicies: PW Mntc
Fuel for city vehicles:TCSD
95366-02 Diego Dr Ldscp
Update city demographic Life Data rpt
Regist:Ann'l Conf:10/3-6/05:Ross
Refund: Tennis-8eginning Adult
Sept Geotech: Veteran's Memorial
Pee B&S Pian Check Svcs
A Frame signs w/lettering & iogo
Express mail services
Lot 8ook Rept: Lynn
Amount Paid
Page: 3
Check Total
46.33
46.33
262.81
996.62
330.00
156.55
114.95
57.48
3,000.00
164,728.00
1,092.40
756.95
25.96
15,000.00
250.00
190.00
1,760.00
27,030.98
817.55
217.04
75.00
262.81
996.62
658.98
3,000.00
184,728.00
1,849.35
25.96
15,000.00
250.00
190.00
1,760.00
27,030.98
817.55
217.04
75.00
Page:3
apChkLst
01127/2005
2:40:47PM
Bank: union UNION BANK OF CALIFORNIA
Check# Date
Vendor
--
97337 01/27/2005 003347 FIRST BANKCARD CENTER
EMBASSY SUiTES HOTEL
UNITED AIRLINES
SHERATON HOTEL
SHERATON HOTEL
STENO DOCTOR, THE
PAT & OSCARS RESTAURANT
Final Check List
CITY OF TEMECULA
(Continued)
Description
MN HtI:President inauguration:1/19-22
TT Air:Emer9.Sys.Tmg:1/10-14:Brasg
TT Hti:Emer9,Sys.Trng:1/10-14:Brasg
SJ Htl:Law&Eiect Sem:12/8-9:SJ/CD
SJ Steno machine lepairs:City Cierk
SJ Refreshments: Council Mtg 12/14
COUNTRY GARDEN RESTAURA JO Refrshments:Shop Stewards Mtg
TT Mb/Bk:SQL Server/Everything
BARNES AND N08LE STORE
ANTHONY'S FiSH GROTTO
FRANKLIN QUEST COMPANY I
P.F. CHANG'S CHINA BISTRO I
CHEVRON USA INC
EARTHLINK INC
97338 01/27/2005 004239 FISHER SEHGAL YANEZ INC
97339 01/27/2005 002982 FRANCHISE TAX BOARD
97340 01/27/2005 007866 G C S SUPPLIES INC
SJ Meai:Law&Eleet Sem:12/8-9:SJ/C
TT Day timer suppiies
SJ Meal:Law&Elect Sem:12/8-9:SJ/C
SN City managers fuel expense
TT Council members internet svcs
Dee Design Svcs: Comm Theater
Nov Design Svcs: Comm Theater
Reimburseables:Comm. Theater
Credit: Ovrbilled against contract
Support Payment Case # 452379267
Printer toner suppiies:Citywide
Printer toner suppiies:Citywide
Printer toner supplies:Citywide
97341 01/27/2005 000173 GENERAL BINDING CORPORAT Binding/Lamination Suppiies:Copy Ctr
97342 01/27/2005 000177 GLENNIES OFFICE PRODUCTS Office Suppiies: Fire Dept
97343 01/27/2005 005947 GOLDEN STATE OVERNIGHT
97344 01/27/2005 005363 GRAPELlNE, THE
97345 01/27/2005 006916 GREYSTONE HOMES
Express Maii Service:Fire Prevo
Transportation: Veterans Dedication
Refund:Permit Fees TM31276
Amount Paid
Page: 4
Check Total
1,307.58
416.39
407.88
395.76
149.00
135.31
100.01
89.95
48.38
42.01
32.77
25.40
21.95
8,131.38
594.00
253.73
-36.50
75.00
1,095.53
935.11
183.18
51.25
566.24
26.31
555.50
141.25
3,172.39
8,942.61
75.00
2,213.82
51.25
566.24
26.31
555.50
141.25
Page:4
apChkLst
01127/2005
2:40:47PM
Final Check List
CITY OF TEMECULA
Page: S
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
--
97346 01/27/2005 004053 HA81TATWEST INC
Dee 04 Lg Cnyn Basin Habitat Restor.
4'" atr Habitat Restoration Pala Rd
97347 01127/2005 000186 HANKS HARDWARE INC
Hardware suppiies:Fire Dept
97348 01/27/2005 001135 HEALTHPOINTE MEDICAL GRO First Aid Care for EE
97349 01/27/2005 008496 HENCOVA, KATERINA
Refund: Beginning Hip Hop Dance
97350 01/27/2005 005748 HODSON, CHERYL A.
Support Payment
97351 01/27/2005 000194 I C M A RETIREMENT TRUST 45 I C M A Retirement Trust 457 Pmt
97352 01/27/2005 004833 iMPERIAL PAVING COMPANY I
Avenida Centenario ROW. repairs
97353 01/27/2005 008401 INNOCORP LTD
6 pk-Fatal Vision Goggles:Police
97354 01/27/2005 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicais
Pool sanitizing chemicais
97355 01/27/2005 001186 IRWiN, JOHN
TCSD instructor earnings
97356 01/27/2005 008355 J M S HEATING & AIR INC
Res Imp Pgrm: Benzango. Ron
97357 01/27/2005 007007 JONES, ASHLEY
Reimb:Hmeless Census supplies
97358 01/27/2005 006750 K8 HOME COASTAL, INC.
Refund:Ovrtime inspections trust acct
97359 01/27/2005 004481 KiMLEY HORN & ASSOCiATES I Oct Design:Diaz Rd Extension
97360 01/27/2005 000206 KINKOS INC
Stationery paper/suppiies; Copy Ctr
Stationery paper/suppiies: Copy Ctr
97361 01/27/2005 001694 KNiGHT PRINTING & PU8L1SHI
Print: 3 part Bldg Permit forms
97362 01/27/2005 001282 KNORR SYSTEMS INC
CRC chemical feed pump
CRC peol varistor asm
97363 01/27/2005 008129 KTM SPORTSMOTORCYCLES U Refund:Eng depst PM 28473
Amount Paid Check Total
450.00
150.00 600.00
656.00 656.00
84.55 84.55
73.75 73.75
87.68 87.68
8,487.91 8,487.91
4,112.00 4,112.00
720.00 720.00
941.22
334.55 1,275.77
67.20 67.20
4.129.00 4,129.00
155.75 155.75
360.00 360.00
5,693.75 5,693.75
70.95
60.34 131.29
2,114.41 2.114.41
1,428.33
10.49 1,438.82
8,929.14 8,929.14
Page:5
apChkLst
01127/2005
2:40:47PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
--
97364 01127/2005 004062 KUSTOM SIGNALS iNC
Poi ice car eyewitness camera w/vauit
9,127.50
9,127.50
97365 01/27/2005 000209 L & M FERTILIZER INC
smail equipment repairs:PW Mntc
65.26
65.26
97366 01/27/2005 004051 LOR GEOTECHNICAL GROUP Dec Geotech Pechanga Pkwy Ph II
1,095.00
1,095.00
97367 01/27/2005 000945 L P S COMPUTER SERVICE
Instail paper input assy on printer
505.36
505.36
97368 01/27/2005 002519 LA8 SAFETY SUPPLY INC
Misc. Safety Supplies for PW Mntc
Misc. Safety Suppiies for PW Mntc
600.38
354.80
955,18
97369 01/27/2005 008498 LASER, KAREN R.
Refund: Tumble Jungie-Be9innin9
78.00
78.00
97370 01/27/2005 008499 LASSLEY. SHIRLEY
Refund: Musical Theater Wrkshp
135.40
135.40
97371 01/27/2005 004905 LIEBERT, CASSIDY & WHITMOR Dec HR legal svcs for TE060-#001
192.00
192.00
97372 01/27/2005 003726 LIFE ASSIST INC
Supplies for Paramedic squad
948.46
948.46
97373 01/27/2005 008501 LUNA, ROSALBA
Refund: Security Depst CRC 7/18/04
100.00
100.00
97374 01/27/2005 003782 MAIN STREET SIGNS
various signs & hardware for PW Main
412.14
412.14
97375 01/27/2005 004141 MAINTEX INC
City Hail custodial supplies
TCC custodial supplies
224.53
6.96
231.49
97376 01/27/2005 001967 MANPOWER TEMPORARY SER temp help wle 01/09 Hoof/Dankworth
temp help wle 01/16 Hoof/Dankworth
temp help wle 01/02 Hoof/Dankworth
1,124.60
1,030.72
826.28
2,981.60
97377 01/27/2005 004929 MARK FISHER COMPANY, THE dsgn 1/2 page City promo ad
856.00
856.00
97378 01/27/2005 005877 MARKETING SOLUTIONS
crime prevention promotion supplies
258.95
258.95
97379 01/27/2005 005806 MATTHEWS, CATHERINEJ.
Nov-Jan City street addressing svcs
250.00
250.00
97380 01/27/2005 007210 MIDORI GARDENS
instail cherry trees/shrubs @ duck pon
irrigalion repairs @ vail ranch park
instail shrubs @ veteran's memorial
credit: dupl biiling of shrubs
288.00
232.67
48.00
-48.00
520.67
Page:6
apChkLst
01127/2005
2:40:47PM
Final Check List
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
--
97381 01/27/2005 007669 MiLES, KATRINA
TCSD Instructor Earnin9s
105.00
105.00
97382 01/27/2005 001384 MINUTEMAN PRESS
letlerhead:Temecula Police
business cards: M. Edwards
business cards: M. Wiechec
business cards: J. Kuhn/G. Simms
business cards: S. Wiils
business cards: R. Gilliland
124.07
115.55
114.86
85.66
42.83
42.83
525.80
97383 01/27/2005 001892 MOBILE MODULAR
Jan modular bldg rental:Fire SIn 92
832.40
832,40
97384 01/27/2005 000883 MONTELEONE EXCAVATING
grading svcs for Srvc Level "R' Area's
1,150.00
1,150.00
97385 01/27/2005 008506 NICHOLS, JEANNA
Refund: overpayment
5.00
5.00
97386 01/27/2005 002292 OASIS VENDING
coffeelkitchen suppiies: City Hall
coffeelkitchen supplies: Maint Fac
484.81
109.88
594.69
97387 01/27/2005 003964 OFFICE DEPOT 8USINESS SVS Office Suppiies for Planning
45.21
45.21
97388 01/27/2005 006721 OFFICEMAX - A BOISE
City Hall space plan modifications
City Hall space plan modifications
686.37
588.92
1.275.29
97389 01/27/2005 002105 OLD TOWN TIRE & SERVICE
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
343.87
286.00
265.01
76.17
971.05
97390 01/27/2005 001171 ORIENTAL TRADiNG COMPANY mise supplies: Concert Share 01/20/05
424.59
424.59
97391 01/27/2005 005152 PACIFIC PRODUCTS &
100 - 10' posts for City signs
2,711.09
2,711.09
97392 01/27/2005 004538 PAULEY EQUIPMENT COMPAN stOn11 damageltree-debris removal
39.20
39.20
97393 01127/2005 003216 PELA
Oct Soundwali Ldscp Improv
Sep idscp pin ck: Murr Crk Bridge
1,237.50
225.00
1,462.50
97394 01127/2005 001958 PERS LONG TERM CARE PROG PERS Long Ten11 Care Payment
288.55
288.55
97395 01/27/2005 002498 PETRA GEOTECHNICAL INC
Nov geotech svcs: W.C.Sports Cmpix
270.00
270.00
97396 01/27/200S 000253 POSTMASTER
Express Mail & Postal SVc5
138.75
138.75
Page:7
apChkLst
01/27/2005
2:40:47PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
--
97397 01/27/2005 003493 PRO-CRAFT OVERHEAD DOOR Res imprv prgm: Redfieid. Brenda
5,000.00
5,000.00
97398 01/27/2005 003897 PROJECT DESIGN CONSULTAN 11/15-12/5/04 Prof Svcs:Murr Crk
9,777.75
9,777.75
97399 01/27/2005 008159 PROVAC SALES COMPANY
vacuum pump parts: C. Museum
50.60
50.60
97400 01/27/2005 007852 QUINLAN PUBLISHING GROUP
1 yr subscrp:Zoning Bulietin:Pln
147.00
147.00
97401 01/27/2005 004029 R J M DESIGN GROUP INC
Nov Dsgn Svcs: W.C. Sports Complex
4,189.73
4,189,73
Jan 01-04-10033-2 Marg. Rd
4,871.44
292.29
64.39
5,228.12
97402 01127/2005 000262 RANCHO CALIF WATER DIST
Various Waler Meters
Various Waler Meiers
97403 01/27/2005 008507 RAYMOND, KAREN
Refund: kidz iove soccer
75.00
75.00
97404 01/27/2005 002110 RENTAL SERVICE CORPORATI equip repair/maint for PW Maint
475.16
475.16
97405 01/27/2005 005807 RESOURCE STRATEGIES iNC
Imagery and Compression Tasks:GIS
1,200.00
1,200.00
97406 01/27/2005 007402 RICHARD 8RADY & ASSOCIATE Dee Dsgn Svcs: Maint Fac Expan.
6,034.00
6.034.00
97407 01/27/2005 008511 RIVERSIDE CO AIRPORT LAND ALUC appl:Gen.Pian Element Review
2,000.00
2,000.00
97408 01/27/2005 001592 RIVERSIDE CO INFO
Dee emer9. radio rentals: Poi ice
627.00
627.00
97409 01127/2005 000406 RIVERSIDE CO SHERIFFS DEP Nov 2004 Booking Fees
9,825.60
9,825,60
97410 01/27/2005 001365 RIVERSIDE COUNTY OF
renew permit: K.Hintergardt Park
renew permit: Sam Hicks Park
89.00
89.00
178.00
97411 01/27/2005 003587 RIZZO CONSTRUCTION INC
remove ground 1i9hts/fill holes: City
400.00
400.00
97412 01/27/2005 000271 ROBERT BEIN WM FROST & A
Oct Dsgn Svcs: Veteran's Memorial
Credit: Amount Exceeds Contract
440.00
-233.03
206.97
97413 01/27/2005 003001 ROSS FENCE INC.
Res imprv prgm: Betancourt, Robert
Credit: homeowners portion of pmt
2,112.00
-984.00
1,128.00
Page:8
apChkLst
01/27/2005
2:40:47PM
Final Check List
CITY OF TEMECULA
Page: 9
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
--
97414 01/27/2005 000815 ROWLEY, CATHY
TCSD Instructor Eamings
TCSD instructor Eamings
TCSD instructor Earnings
TCSD Instructor Eamings
TCSD Instructor Earnings
720.00
288.00
288.00
144.00
72.00
1,512.00
97415 01/27/2005 008505 RZESNOWiECKY, SARAH
Refund: Mommy and Baby Yoga
45.00
45.00
97416 01/27/2005 004598 S T K ARCHITECTURE INC
Dee dsgn svcs: Woif Creek Fire Stn
23,486.89
23,486.89
97417 01127/2005 000722 S. CALF ASSN CODE
Public Nuisance/Comm Dev:2/25-26
Fld Sprvision/Personnel Mgmt:4I15.16
Community Plns/Reiations:6/10-11
130.00
130.00
130.00
390.00
97418 01/27/2005 007233 SAN BERNARDINO, COUNTY 0 Basic Acad. motorcycle rental: 12/6
600.00
600.00
97419 01/27/2005 005227 SAN DIEGO COUNTY OF
Support Payment case# DF09911 8
25.00
25.00
97420 01/27/2005 000278 SAN DIEGO UNION TRIBUNE
Nov O.T. holiday ads for RDA
647.84
647.84
97421 01/27/2005 006815 SAN DIEGO, COUNTY OF
Support Payment Account # 58109502
12.50
12.50
97422 01/27/2005 008512 SAN FRANCISCO HOUSING 8U hotel deposit:APA Conf:3/19-23/05
150.00
150.00
97423 01/27/2005 004609 SHRED FORCE INC
Jan doc shredding svcs: Records Mgm
Jan doc shredding svcs: P.D. O.T. Stn
110.00
24.00
134.00
97424 01/27/2005 004814 SIMON WONG ENGINEERING I
Nov Ds9n Svcs: Main Street Bridge
7,322.84
7,322.84
97425 01/27/2005 000537 SO CALIF EDISON
Dee 2.19-999-9442 various mtrs
Jan 2-25-393-4681 T.E.S. Pool
Jan 2-23-365-5992 Fire Stn 92
Jan 2-21-981-4720 Hwy 79
Jan 2-24-628-8963 Btrtld Stage
1,417.26
578.84
469.86
67.70
28.21
2,561.87
97426 01/27/2005 001212 SO CALIF GAS COMPANY
Jan 095-167.7907-2 Fire Stn 84
365.16
365.16
97427 01/27/2005 002503 SOUTH COAST AIR QUALITY
ann'l generator operating fees: City
generator emissions fee: City Hall
207.82
77.25
285.07
Page:9
apChkLst
01127/2005
2:40:47PM
Bank: union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
--
97428 01/27/2005 000519 SOUTH COUNTY PEST
Final Check List
CITY OF TEMECULA
(Continued)
Description
pest controi svcs: CRC
pest control svcs: City Hall
pest control svcs: Fire Stn 92
pest control svcs: T. Museum
pest control svcs: Maint Fac
pest control svcs: TCC
pest controi svcs: C.Museum
pest controi svcs: Wedding Chpi
pest control svcs: MPSC
97429 01127/2005 002366 STEAM SUPERIOR CARPET CL Dee floor maint svcs: City Facilities
MPSC carpet cieanin9
ciean kitchen area @ TCC
community room lioor wax:Harveston
var park sites restroom cieaning svcs
97430 01/27/2005 008508 STEED, JACQUELINE
97431 01127/2005 008504 STILES, LAURA
97432 01/27/2005 003599 T Y LIN INTERNATIONAL
97433 01/27/2005 000305 TARGET STORE
97434 01/27/2005 000310 TEMECULA CREEK INN INC
Refund: Jazz/Hip Hop Combo
ee computer purchase pr9m
Oct-Nov bridge dsgn review:Roripau9h
Teen Program Supplies
facility rentaVrefrest,ments: 12/03/04
97435 01/27/2005 005412 TEMECULAGARDEN&POWER PWMaintequiprepair/maintsvcs
97436 01/27/2005 000919 TEMECULA VALLEY UNIFIED S Dec City vehicles fuel usage
97437 01/27/2005 003862 THYSSENKRUPP ELEVATOR.
97438 01/27/2005 000319 TOMARK SPORTS INC
repair porch iift @ CRC
Sports Recreation Supplies
Sports Recreation Supplies
Sports Recreation Suppiies
97439 01/27/2005 007433 TOVEYSHULTZCONSTRUCTiO Prgspmt#10:CommunityTheater
Release stop notice: Comm. Theater
97440 01127/2005 008430 TRANSiT VAN
97441 01/27/2005 008510 TRANSPACIFIC MGMT SERVIC
shuttie svcs: Veteran's Memorial 11/11
Refund:Sec. DepositCRC 01/13/05
Page: 10
Amount Paid
Check Total
90.00
56.00
42.00
42.00
40.00
36.00
36.00
32.00
29.00
403.00
1,000.00
350.00
300.00
300.00
200.00
2,150.00
57.00
57.00
1,449.97
1,449.97
1,588.67
1,588.67
19.27
19.27
16,076.14
16,076.14
69.80
69.80
822.69
822.69
736.00
736.00
1,170.07
905.63
212.46
2,288.16
243,395.88
4,162.84
247,558.72
280.00
280.00
100.00
100.00
Page:10
apChkLst
01127/2005
2:40:47PM
Final Check List
CITY OF TEMECULA
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
--
97442 01/27/2005 006192 TRISTAFF GROUP
temp help w/e 01/02 Tidwell/Long
temp help w/e 01/09 Long
855.40
764.40
1,619.80
97443 01/27/2005 007118 US TELPACIFIC CORPORATIO Jan intemet IP Addresses Biock
539.75
539.75
97444 01/27/2005 000325 UNITEO WAY
United Way Charities Payment
199.50
199.50
97445 01/27/2005 007602 VANCE CORPORATION
Prgs pmt #4: Diaz Rd Reaiignment
90,722.70
90,722.70
97446 01/27/2005 006807 VANiR CONSTRUCTiON
Nov Constr M9mt Svcs:Comm Theater
18,047.53
18,047.53
97447 01/27/2005 008509 VARELA, ELCI
Refund:Sec. Deposit: CRC 01/16/05
100.00
100.00
97448 01/27/2005 004261 VERIZON
Jan xxx-0074 general usage
Jan xxx-0073 general usage
Jan xxx-1473 O.T. P.D. Stn
Jan xxx-3564 alarm
Jan xxx-8573 general usage
Jan xxx-5473 Mora9a Rd
255.44
236.24
88.82
57.02
30.97
28.55
697.04
97449 01/27/2005 004789 VERIZON ONLINE
Jan Internet sves: P.O. O.T. Stn
42.35
42.35
97450 01/27/2005 004848 VERIZON SELECT SERVICES I
Jan long distance phone svcs
1,266.74
1,266.74
97451 01/27/2005 002658 VOLLMUTH, MARY
Reimb:CAPPO Conf:01/17-20/05
549.30
549.30
97452 01/27/2005 003730 WEST COAST ARBORISTS INC
12116-31/04 Citywide tree maint svcs
2,715.00
2,715.00
97453 01/27/2005 000348 ZIGLER, GAIL
Reimb: supplies for Concert Share '05
281.61
281.61
Grand total for UNION BANK OF CALIFORNIA:
1,459,328.17
Page:11
ITEM 4
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
February 08, 2005
SUBJECT:
City Treasurer's Report as of December 31 , 2004
PREPARED BY:
Karin Grance, Revenue Manager ~
Shannon Domenigoni, Accountan~
That the City Council receive and file the City Treasurer's Report as of
RECOMMENDATION:
December 31 , 2004.
DISCUSSION: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of December 31,2004.
FISCAL IMPACT:
None
Attachments:
City Treasurer's Report as of December 31,2004
Cash Activity for the Month omecember:
Cash and Investments" of December 1. 2004
Cash Receipts
Cash Disbursements
Cash and [nv_s as ofDecember 31, 2004
Cash and Investments PortfoUo:
Type of Invostmcnt
Gen""l o,ccldng
Flex Benefit Demand D<:posits
o,ecking Account - Parlcing Citaùons
Loca[ Agency Investment Fund
Petty Cash
Fed""l Agency- Callable
Fed""l Agency- Callable
Fed""l Agency- Callable
Fed""l Agency. Callable
Fed""l Agency- Callable
Fed""l Agency- Callable
Fed""l Agency- Callable
Fed""l Agency- Callable
Fed""l Agency- Callable
Fed""l Agency- Callable
Fed",,[ Agency- OIllable
Fed",,[ Agency- Callable
Bond Fund - CFD 88-12
(Money Maàet Account)
Deiinquency Maintenance Aecount - CFD 88-[2
(Invostmcnt Agreemeot)
Deiinquency Maintenance Account- CFD 88-12
(Money Market Account)
Reserve Fund - CFD 88-12
(Invostmcnt Agreement)
Rese",eFund - CFD 88-12
(Invostmcnt Agreement)
Special Tax Fund- CFD 0[-2
(Money Market Aecount)
Admin Expense Fund - CFD 01-2
(Money Market Account)
Variable Bond Fund- CFD 01-2
(Money Maàet Account)
Interest DifferenùaJ Fund. CFD 01.2
(Money Marl<et Aecount)
Improvement Fund - CFD 0[-2
(Money Market Account)
Special Tax Fund - CFD 03-1
(Money Market Account)
Capital Interest Fund - CFD 03-1
(Money Marl<et Account)
Reserve Fund - CFD 03-1
(Investment Agreement)
City Improvement Fund - CFD 03- [
(Money Market Account)
City ImprovernentFund. CFD 03.1
(Local Agency Invostmcnt Fund)
0.1 Trans Improvement Fund - CFD 03-1
(Money Marl<et Account)
Cal Trans Improvement Fund - CFD 03-1
(Loca[ Agency Invostmcnt Fund)
Acquisiùon Aecount Fund - CFD 03- t
(Money Marl<et Aecount)
City ofTemecnl.
City Treasnrer', Report
As of December 31,2004
Insùtoùon
Union Bani:
Union Bani:
Union Bani:
State Treasurer-LAIF
City Hall
Fedenù Home Loan Bani:
Fedenù Home Loan Bani:
Fed"",l Home Loan Bani: - BDS
Fed"",l Home Loan Bani: - BDS
Fed"",l Home Loan Bani:
Fed"",l Home Loan Bani: - BDS
Fed"",l Home Loan Bani: - BDS
Fed"",l Home Loan Bani: - BDS
Fed"",l Home Loan Bani: - BDS
Fed"",l Home Loan Bani: - BDS
Fed"",l Home Loan Bani:
Fed",,[ Home Loan Mortgage Co
U.S. Bani: (First Am Treasury)
mc Funding Corp
U.S. Bani: (Fnot Am Treasury)
mc Funding Corp
U.S. Bani: (Fnot Am Treasury)
U.S. Bani: (Fnot Am Treasury)
U.S. Bani: (Fnot Am Treasury)
U.S. Bani: (Fnot Am Treasury)
US. Bani: (First Am Treasury)
U,S. Bani: (Fnot Am Treasury)
US. Bani: (Fnot Am Treasury)
US, Bani: (First Am Treasury)
Aig Match Fed Corp Ref
U.S, Bani: (Finrt Am Treasury)
State Treasurer-LAIF
U.S, Bani: (First Am Treasury)
State Treasurer-LAIF
U.S. Bani: (Fnot Am Treasury)
Matority/
Pun:hase Tenninaùon Marl<et
~ Date Value
Yieid
oJa
oJa
oJa
2.134 %
oJa
1.885 %
2.500 %
3.000 %
3.000 %
3.000 %
3.070 %
3.100 %
3,125 %
3.[50 %
3,520 %
2.250 %
2,000 %
1.270 %
5.430 %
1.270 %
5.430 %
1.320 %
1.270 %
1.270 %
1.270 %
1.270 %
1.270 %
1.270 %
1.270 %
4.830 %
1.270 %
2.134 %
1.270 %
2.134 %
1.270 %
Page 1
6/26/2003
7/16/2003
4n/20O4
4/2212004
3/29/2004
4/15/2004
4/8/2004
4/16/2004
4/14/2004
4ßO/20O4
6/26/2003
6/6/2003
1123/2006
8/14/2006
tn/2008
1122/2008
12128/2007
1/15/2008
118/2008
1116/2008
1114/2008
IßO/2008
7/24/2006
6ßO/2006
9/1/2017
9/1/2017
988.130
1,979,380
2.886,250
t,970.000
3,943.760
t.974,380
3.013.797
988.750
989,380
[.995,000
986.250
983.[ 90
125.583.395
4.72[.048
(5.660.806)
124.643.637
P,,/Book
Ba[ance @ 12ßlIO4
567.874 (1)
10,918 (1)
3.653
57,808.112 (2)
[.500
987.500
1,975,620
2,852,894
1.951.260
3.907,520
[,956.880
2.988.054
980.000
980.940
t.983.760
983.750
979.800
56,305
500,000
536.118
1,531,469
537.802
637.494
7.577
131.865
3,554.495
[8.568
32
863.900
170,791
[.235.785
[.t20
1.010,882
t,334
Acquisition Account Fund - ŒD 03- t
(Local Agency Investment Fund)
Capital Interest Fund - ŒD 03-3
(Money Marl<et Accoont)
Capital Interest Fund - ŒD 03-3
(Local Agency Investment Fund)
Reserve Fund - ŒD 03-3
(Investment Agreement)
Reserve Fund- CFD 03-3
(Money Muket Accoont)
City Improvement Fund - ŒD 03-3
(Money Marl<et Acconnt)
City Improvement Fund - ŒD 03-3
(Local Agency Investment Fund)
EMWD Improvement Fund. CFD 03-3
(Money Marl<et Accoont)
EMWD Improvement Fund - ŒD 03-3
(Local Agency Investment Fund)
Acquisition Account Fund - ŒD 03-3
(Money Market Acconnt)
Acquisition Account Fund. CFD 03.3
(Local Agency Investment Fund)
Capital Interest Fund - CFD 03-06
(Money Muket Account)
Reserve Fund - ŒD 03-06
(Money Marl<et Account)
City Improvement Fund - ŒD 03-06
(Money Marl<et Account)
Redemption Fund - AD 03-04
(Money Marl<et Account)
Admin Expense Fund - AD 03-4
(Money Maricet Account)
Reserve Fund - AD 03-04
(Money Market Account)
Interest Account-RDATABs
(Money Market Account)
Reserve Account - RDA TABs
(Surety Bond)
Project Account - RDA TABs
(Money Marl<et Account)
Project Account-RDA TABs
(Local Agency Investment Fund)
Installment Payment Fund - TCSD COPs
(Money Muket Account)
Project Fund - TCSD COPs
(Money Marl<et Accoont)
Project Fund - TCSD COPs
(Local Agency Investment Fund)
City of Ternecula
City Treasurer's Report
As af Deeember 31, 2004
State Treasurer-LAIF
2.134 %
U.S. Bank (First Am. Treasury) 1.270 %
State Treasurer-LAIF 2.134 %
Cdc Funding Corp 3.000 %
U.S. Bank (First Am. Treasury) 1.270 %
U.S. Bank (First Am. Treasury) 1.270 %
State Treasurer-LAIF 2.t34 %
US, Bank (First Am. Treasury) 1.270 %
State Treasurer-LAIF 2.134 %
U.S, Bank (First Am. Treasury) 1.270 %
State Treasurer.LAIF 2.134 %
US. Bank (Fmt Am. Treasury) 1.270 %
U.S. Bank (Fmt Am. Treasury) 1.270 %
U.S. Bank (First Am. Treasury) 1.270 %
US, Bank (First Am. Treasury) 1.270 %
U.S. Bank (First Am. Treasury) 1.270 %
US, Bank (First Am. Treasury) 1.270 %
US, Bank (First Am. Treasury) 1.270 %
U.S, Bank (First Am. Treasury) nta
U.S. Bank (First Am. Treasnry) 1.270 %
State Treasnrer-LAIF 2.134 %
US. Bank (FIrst Am. Treasury) 1.270 %
U.S. Bank (FIrst Am. Treasury) 1.270 %
State Treasurer-LAIF 2.134 %
(I)-This amount is net of outstanding check<
(2)-At December 31.2004 total market valae (inc1nding accrued interest) for the Local Agency Investment Fund (LAJF) was $53,559.901.977.
The City's proportianate share of that valoe is $57.689,635.
All investments are liquid and cnrrently available.
The City ofTem"",la's portfolio is in compliance with the investment policy.
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months.
Page 2
1.293,186
4.497
2,441
2.171.120
11.600
1,243
7.460.619
2.962
3.657.449
9.985
9,992,780
245,644
338.750
3.835.369
8,112
370
100,255
81
331.865
1.479,585
264
876
1.979,002
124.643.637
001
101
120
150
165
170
190
192
193
194
195
196
210
261
271
273
274
275
276
280
300
310
320
330
340
380
390
460
470
471
473
474
475
476
CITY OF TEMECULA
CASH AND INVESTMENT REPORT
DECEMBER 2005
GENERAL FUND
STATE TRANSPORTATION FUND
DEVELOPMENTllMPACTFUND
AB 2766 FUND
RDA DEV LOWIMOD 20% SET ASIDE
MEASURE A FUND
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL "B" STREET UGHTS
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL "D" REFUSEIRECYCLING
TCSD SERVICE LEVEL "R" STREETIROAD MAINT
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
CAPITAL llMPROVEMENT PROJECT FUND
CFD 88-12 ADMIN EXPENSE FUND
CFD 01-2 HARVESTON llMPROVEMENT FUND
CFD 03-1 CROWNE HILL llMPROVEMENT FUND
AD 03-4 JOHN WARNER llMPROVEMENT FUND
CFD 03-3 WOLF CREEK llMPROVEMENT FUND
CFD 03-6 HARVESTON 2 llMPROVEMENT FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
RDA 2002 TABS DEBT SERVICE
TCSD 2001 COP'S DEBT SERVICE
CFD 88-12 DEBT SERVICE FUND
CFD 01-2 HARVESTON DEBT SERVICE FUND
CFD 98-1 WINCHESTER HILLS DEB SERVICE
CFD03-1 CROWNE HILL DEBT SERVICE FUND
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
GRAND TOTAL
Fund Total
15,746,281.58
1,381.48
12,970,838.45
187,664.22
7,825,663.88
4,910,380.56
171,116.56
7,184.03
16,683.79
129,093,50
28,125,07
206,136.47
33,461,108.66
7,975.38
3,570,564.54
3,713,097.73
102,953.74
21,125,038.57
3,835,368,71
4,501,123.48
1,238,614.91
120,008.14
503,576.71
172,112,94
44,919.80
1,453,003.12
132,161.42
2,749,419.74
1,765,154.12
11 ,598.31
938,569.98
123,002.57
2,247,771.41
625,943.45
124,643,637.02
ITEM 5
APPROVAL ~
CITY ATTORNEY
DIRECTOR OF FIN~E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Jim O'Grady, Assistant City Managr
February 8, 2005
DATE:
SUBJECT:
Community Grant Agreement with the Temecula Sister City
Association
Prepared by:
Robin Gilliland, Senior Recreation Coordinator
RECOMMENDATION: That the City Council approve a grant in the amount of $7,500.00
for the Temecula Sister City Association for fiscal year 2004-2005.
BACKGROUND: The Temecula Sister Cities Association (TSCA) is a California non-profit
corporation that supports cultural exchanges of people and ideas between the citizens of our
community and foreign communities. In doing so, the outlook of our citizens is enhanced and
Temecula's quality of life improved.
The following is a list of guidelines to assist City Administration in their liaison relationship with
the Temecula Sister City Association and Sister City sponsored activities.
The City will work in conjunction with the TSCA to promote understanding, friendship
and knowledge.
. The Temecula Sister City Association is responsible for the development, coordination
and implementation of all Sister City functions, services and special events that occur
related to our two Sister Cities: Leidschendam-Voorburg, Netherlands and Nakayama,
Japan. This includes coordination of events, special dinners and activities, and travel
related services such as gifts, itineraries for visiting dignitaries or travel abroad.
The City will support and encourage the Temecula Sister City program in their efforts to
encourage cultural exchange among our Sister Cities. The City will provide a staff
liaison that will represent the City of Temecula at Sister City Board Meetings, programs,
special events and activities (as deemed appropriate).
.
The City liaison will coordinate travel abroad to our Sister Cities when City officials or
City Council members are involved in the travel.
The City will provide the Temecula Sister City Association with limited funding to provide
necessary Sister City activities and functions. The Temecula Sister City Organization
RIGiLLILRlSister coy Pro9ramlagreementslStaff Report - fundin! 2005.doci
will be responsible for monitoring and managing their budget to ensure proper
expenditures and accounting of funds for all organized activities and events.
The City will provide limited financial support for student scholarships for individual
students traveling to Nakayama, Japan or Leidschendam-Voorburg, the Netherlands.
The City will fund & coordinate one official dinner and one official welcome reception per
year, for a visiting delegation from Nakayama and Leidschendam-Voorburg, when
elected officials from the visiting Sister City are in attendance.
. The City will provide official City gifts for elected officials visiting from Nakayama and
Voorburg, or when City officials are traveling to Nakayama and Leidschendam-Voorburg.
Membership in the Sister City Association is open to all citizens and or business persons
of Temecula & others as determined by the TSCA.
The TSCA must provide an annual budget and financial report/records that are available
for review by the City.
.
The City will provide transportation for official delegations both arriving and traveling
abroad.
. The TSCA is responsible for transportation of all other guests either coming or going to
Nakayama, Japan & Leidschendam-Voorburg, the Netherlands.
In the past, TSCA has used funds to provide educational opportunities such as the
Children's Matsuri and Dutch American Heritage Day. There have also been sponsorships
provided to both students and adults traveling abroad. TSCA has an active book exchange
with Nakayama and for the first time, a toy drive for a Tecate, Mexico orphanage was done
in December, 2004
FISCAL IMPACT: Funds have been approved and are in account 001-101-999-5280.
R:\GILLlLR\Sister City Programlagreements\Staff Report - fundin¡j'2005,docl
COMMUNITY GRANT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND THE TEMECULA SISTER
CITY ASSOCIATION
THIS AGREEMENT is made by and between the City of Temecula ("City"), a
municipal corporation, and the Temecula Sister City Association, a non-profit corporation, and is
dated as of February 8, 2005. In consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
I. This Agreement is made with respect to the following facts and purposes,
which each of the parties hereto acknowledge and agree to be true and correct:
a. The Temecula Sister City Association ("TSCAn) coordinates many
programs for cultural exchanges within the City of Temecula, which are not provided by
the City's recreation program.
b. The TSCA warrants and represents to the City that it is a non-
profit, tax exempt corporation under the tax laws of the United State and California, and
agrees to continue in such status during the tenn of this Agreement.
c. On June 8, 2004, the City Council approved the budget for FY
04/05 which provides funding in the amount of seven thousand five-hundred dollars
($7,500.00) for the purpose of continuing and enhancing its cultural exchange programs
within the City of Temecula and abroad.
d.
paid to the TSCA.
This Agreement provides for the manner in which the grant will be
2. The City shall pay to the TSCA on an annual basis, on July I, 2004 an amount
equal to the actual costs incurred by the TSCA not to exceed $7,500.00 per year ending June 30,
2005. TSCA shall submit a quarterly report to the Director of Community Services for the actual
costs of cultural exchanges and shall be accompanied by such documentation as reasonably
required by the Director of Finance to establish that such costs were incurred by the TSCA.
3.
The tenn of this agreement shall be July 1,2004 to June 30, 2005.
4. The TSCA and City have developed goals and objectives which are set
forth in Exhibit A. The TSCA is committed to implementing these Goals and Objectives.
5. The City may at any time, for any breach of this Agreement, suspend or
tenninate this Agreement, or any portion hereof, by serving upon the TSCA at least ten (10) days
prior written notice. Ifthe breach is corrected during this ten day period, City may, in its sole and
exclusive discretion, rescind the tennination. If the City suspends or tenninates a portion of this
Agreement such suspension or tennination shall not make void or invalidate the remainder of this
Agreement. TSCA shall make available to the City its books, records and financial documents in
such fonn as to allow City to verify TSCA's compliance with the tenus of this Agreement.
R:\GILLILRlSister City Program\agreements\TSCAi Community Grant Agreement-2004-2005,doc
6. The TSCA agrees to defend, indemnify, protect and hold harmless the
City, its officers, officials, and employees from and against any and all claims, demands, losses,
defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind
or 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
TSCA'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 attributable to the
active negligence ofthe City.
7. TSCA shall procure and maintain, or shall have provided on its behalf, for
the duration of fiscal year 2004-2005 insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance ofthe activities of the
TSCA, its agents, representatives, or employees.
a.
Minimum Scope ofInsurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No. CG
00 01 II 85 or 88, including a non-owned auto endorsement.
b. Minimwn Limits of Insurance. TSCA shall maintain limits on the policies
described in Subsection a. of no less than the following amounts unless otherwise
approved by the City Manager:
(1) General Liability: One million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager.
d. Other Insurance Provisions. The general liability policies shall 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 TSCA; premises owned, occupied or used by the TSCA; or
automobiles owned, leased, hired or borrowed by the TSCA. 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 Agreement, the TSCA'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 ofthe TSCA'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.
R:\GILLILR\Sister City Pcogram\agreements\TSCAI Community Grant Agreement-2004-200S,doc
(4) The TSCA's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the City 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 AM. 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. TSCA 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 TSCA's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
8. TSCA is and shall at all times remain as to the City and TCSD a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
ofTSCA shall at all times be under TSCA's exclusive direction and control. Neither City nor
any of its officers, employees or agents shall have control over the conduct of TSCA or any of
TSCA's officers, employees or agents, except as set forth in this Agreement. TSCA 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. TSCA shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner.
9. 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, retum 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.
R:IGILLtLRISister City ProgramlagreementslrSCAI Community Grant Agreement-2004-2005,doc
To City:
City ofTemecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
To TSCA:
Temecula Sister City Association
27349 Jefferson Ave. Suite 213
Temecula, California 92593
Attention: Ken Vogtmann & Jon Lieberg Co-Chairmen
10. The TSCA shall not assign the performance of this Agreement, nor any
part thereof, nor any monies due hereunder, without prior written consent of the City.
11. 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.
R:\GILLlLR\Sister City Program\agreementslTSCAI Community Grant Agteement-2004-2005,doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
JeffComerchero, Mayor
Attest:
Susan Jones, CMC
City Clerk
Approved As to Fonn:
Peter M. Thorson
City Attorney
R:IGILLILRISister City ProgramlagreementslTSCAI Community Grant Agreement-2004-2005,doc
TEMECULA SISTER CITY ASSOCIATION, a
California non-profit corporation
By:
Name:
Title:
By:
Name:
Title:
R:IGILLlLRISister City ProgmmlagreementslTSCAI Community Grant Agreement-2004-200S,doc
ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
rrJ~illiam G. Hughes, Director of Public Works/City Engineer
February 8, 2005
TO:
DATE:
SUBJECT:
Acceptance of Offers of Dedication for Public Street and Utility Purposes -
John Warner Assessment District No. 03-04 (Portions of John Warner
Road, Lolita Road, Paulita Road and La Presa Loop)
PREPARED BY: ~YRonald J. Parks, Deputy Director of Public Works
f. Steve Charette, Associate Engineer - Land Development
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING THE OFFERS OF DEDICATION FOR
PUBLIC STREET AND UTILITY PURPOSES FOR PORTIONS
OF JOHN WARNER ROAD, LOLITA ROAD, PAULITA ROAD
AND LA PRESA LOOP ALL LOCATED WITHIN THE JOHN
WARNER ASSESSMENT DISTRICT NO. 03-04
BACKGROUND: The John Warner Assessment District No. 03-04 project consisted of the
construction of street and drainage improvements for certain unimproved roads including
portions of John Warner Road, Lolita Road, Paulita Road and La Presa Loop. Prior to
incorporation by the City, the Riverside County Board of Supervisors approved various Parcel
Maps adjacent to the roads within the John Warner Assessment District. Although all the maps
made offers of dedication of said roads, there are several maps wherein portions of the
roadways were not accepted by the County Board of Supervisors.
In accordance with the Subdivision Map Act, Section 66477.2 the unaccepted offers of
dedication remain open until the legislative body, by resolution at any tirne and without further
action by the subdivider, rescinds its action and accepts the right-of-way. With the approval of
this resolution, the remainder of the dedicated rights-of-way for John Wamer Road, Lolita Road,
Paulita Road and La Presa Loop will be accepted. The road improvements have been
completed and will be accepted into the maintained systern under separate Council action.
The following offers of dedication (see Exhibit "B" for locations) for public streets and utility
purposes are recommended for acceptance:
RIAGENOA REPORTS1200SIO20BOSUoh,W,m",A,œpta", of Sic"! Off""OOC
JOHN WARNER ROAD:
1)
2)
4)
LOLITA ROAD:
Lot "0" per Parcel Map No. 13901 (PM 75/84-85).
The street shown as the southeasterly 33 feet of Parcel 3 per Parcel Map No.
8571 (PM 41/26-27).
3)
The street shown as the westerly 33 feet of Parcel 22 per Parcel Map No. 6607
(PM 21/61-67).
Lot "A", "B" and the southerly 50 feet of Lot "C" per Parcel Map No. 14371 (PM
78/79-80).
5)
The southerly 530 feet of the street shown as the easterly 33 feet of Parcel 19
per Parcel Map 6607 (PM21/61-67).
1 )
The street shown as the northerly 30 feet of Parcel 22 and 24 per Parcel Map
No. 6607 (PM 21/61-67).
2)
The street shown as the southerly 30 feet of Parcel 17 per Parcel Map No. 6607
(PM 21/61-67).
3)
4)
Lots "A" and "B" per Parcel Map No. 8598 (PM 44/43-44).
Lot "A" per Parcel Map 29949 (PM 199/23-24).
PAULITA ROAD:
1 )
The northerly 100 feet of the street shown as the easterly 30 feet of Parcel 22 per
Parcel Map No. 6607 (PM 21/61-67).
2)
The southerly 50 feet of the street shown as the easterly 30 feet of Parcel 22 per
Parcel Map No. 6607 PM 21/61-67).
The southerly 50 feet of the street shown as the westerly 30 feet of Parcel 23 per
Parcel Map No. 6607 PM 21/61-67).
LA PRESSA LOOP:
3)
1 )
Lot "A", "B" and "C" per Parcel Map No. 13901 (PM 75/84-85).
FISCAL IMPACT:
None
ATTACHMENTS:
1. Resolution No. 2005-- with Exhibits "A" and "B" made a part thereof.
R,IAGENDA REPORTS\2005\o20605\JohoW,moc,A"epta.." of 5I"et O"e~,DOC
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING THE OFFERS OF DEDICATION FOR
PUBLIC STREET AND UTILITY PURPOSES FOR PORTIONS
OF JOHN WARNER ROAD, LOLITA ROAD, PAULITA ROAD
AND LA PRESA LOOP ALL LOCATED WITHIN THE JOHN
WARNER ASSESSMENT DISTRICT NO. 03-04
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, portions of John Warner Road, Lolita Road, Paulita Road and La
Presa Loop have been offered for dedication to the County of Riverside as described in Exhibit
"A" and as shown on Exhibit "B" attached hereto;
WHEREAS, the offers of dedication of said portions of John Warner Road, Lolita
Road, Paulita Road and La Presa Loop were not accepted by the Board of Supervisors of the
County of Riverside;
WHEREAS, the City Council of the City of Temecula hereby desires to accept
the offers of dedication for street and utility purposes as described in Exhibit "A" and shown on
Exhibit "B" attached hereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Temecula hereby accept the offers of dedication for street and public utility purposes for those
streets or portions of streets offered to and not accepted by the County of Riverside as
described in Exhibit "A" and as shown on Exhibit "B" attached hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula at a regular meeting held on the 8th day of February 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
R,IAGENDA REPORTS\2005\O20805\JohoWamoc,Aoc,p""" of so", Off,~,DOC
(SEAL)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
I, Susan W. Jones, CMC, City Clerk of the City ofTemecula, California, do hereby certify that
Resolution No. 2005-- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8th day of February, 2005 by the following
vote:
AYES:
0
COUNCILMEMBERS:
NOES:
0
COUNCILMEMBERS:
ABSENT:
0
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R,IAGENDA REPORTSI2005\O20805\JohoWameLAooeptaoœ of StLeet OffeLS,DOC
A)
B)
C)
D)
E)
G)
J)
EXHIBIT "A" TO RESOLUTION NO. 05--
Pursuant to Section 66477.2 of the Subdivision Map Act the
City of Temecula does hereby accepting the offers of
dedication for public street purposes of those portions of the
streets listed below as said offer was expressed on said
maps.
Lot "D" per Parcel Map No. 13901 (PM 75/84-85).
The street shown as the southeasterly 33 feet of Parcel 3 per Parcel Map No.
8571 (PM 41/26-27).
The street shown as the westerly 33 feet of Parcel 22 per Parcel Map No. 6607
(PM 21/61-67).
Lot "A", "B" and the southerly 50 feet of Lot "C" per Parcel Map No. 14371 (PM
78/79-80).
The southerly 530 feet of the street shown as the easterly 33 feet of Parcel 19
per Parcel Map 6607 (PM21/61-67).
F)
The street shown as the northerly 30 feet of Parcel 22 and 24 per Parcel Map
No. 6607 (PM 21/61-67).
The street shown as the southerly 30 feet of Parcel 17 per Parcel Map No. 6607
(PM 21/61-67).
H)
I)
Lots "A" and "B" per Parcel Map No. 8598 (PM 44/43-44).
Lot "A" per Parcel Map 29949 (PM 199/23-24).
The northerly 100 feet of the street shown as the easterly 30 feet of Parcel 22 per
Parcel Map No. 6607 (PM 21/61-67).
K)
The southerly 50 feet of the street shown as the easterly 30 feet of Parcel 22 per
Parcel Map No. 6607 PM 21/61-67).
L)
The southerly 50 feet of the street shown as the westerly 30 feet of Parcel 23 per
Parcel Map No. 6607 PM 21/61-67).
Lot "A", "B" and "C" per Parcel Map No. 13901 (PM 75/84-85).
M)
R'IAGENDA REPORT5\2005\O20805UohoWam" Aoc'pla", 0' 51c..1 Off,~,DOC
5
CITY OF TEMECULA
JOHN WARNER ASSESSMENT DISTRICT NO. 03-04
-- Proposed Dedication
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LEGEND
-- Existing Dedication
-
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EXHIBIT "B"
ITEM 7
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
pity Manager/City Council
J-1\villiam G. Hughes, Director of Public Works/City Engineer
TO:
DATE:
February 8, 2005
SUBJECT:
Tract Map No. 31259 located on the north side ofZevo Drive, approximately
six hundred and thirty-five (635) feet east of Winchester Road
PREPARED BY: Hf Ronald J. Parks, Deputy Director of Public Works
Kendra Hannah, Assistant Engineer
RECOMMENDATION:
That the City Council approve:
1 )
2)
Tract Map No. 31259 in conformance with the Conditions of Approval
Subdivision Monument Agreement and accept the Certificate of Deposit
Agreement for Monumentation as security for the agreement.
BACKGROUND: Tract Map No. 31259 is a one (1) lot subdivision for condominium
purposes located on the north side of Zevo Drive, approximately six hundred and thirty-five (635)
feet east of Winchester Road. All Street improvements have been cornpleted on Zevo Drive.
On July 16, 2003, the City ofTemecula Planning Commission approved Tentative Tract Map 31259,
with the appropriate Conditions of Approval.
The Developer, California Business Condos Temecula, LLC, A California Limited Liability Company
has met all of the Conditions of Approval. This final map is in conformance with the approved
tentative tract map. The approval of a final subdivision map, which substantially complies with the
approved tentative map, is a mandatory ministerial act under State law.
FISCAL IMPACT:
None
ATTACHMENTS:
1.
2.
3.
4.
Development Fee Checklist
Fees & Securities Report for Parcel Map No. 31259
Project Vicinity Map
Parcel Map No. 31259
R:\AGENDA REPORTS\2005\O20805\TM 31259.doc
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. PM 31259
Staff reviewed the following fees relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
Paid. This fee is due prior to issuance of a
grading permit.
Development Impact Fee
Paid. This fee is due prior to issuance of
building permits.
R:\AGENDA REPORTS\2005\O20805\TM 31259.doc
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 31259
DATE: Februarv 8,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY
SECURITY
Street and Drainage $ 0 $ 0
Water $ 0 $ 0
Sewer $ 0 $ 0
TOTAL $ 0 $ 0
Monumentation $ 2,500 -
DEVELOPMENT FEES
RCFCD (ADP) Fee $ Paid
Development Impact Fee $ Paid
SERVICE FEES
Planning Fee $ 133.00
Comprehensive Transportation Plan $ 8.00
Plan Check Fee $ 1390.00
Monument Inspection Fee $ 250.00
Fees Paid to Date $ 1510.00
Balance of Fees Due $ 271.00
R:\AGENDA REPORTS\2005\O20805\TM 31259.doc
SITE
TRACT NO. 31259
CONDOMINIUM MAP
VICINITY MAP
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ITEM 8
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Assistant to the City Manager
DATE:
February 8, 2005
SUBJECT:
Purchasing Authorization - Temporary Staffing
PREPARED BY:
Beth Gutierrez, Human Resources Specialist
RECOMMENDATION: That City Council approve the following contracts and amounts for
temporary staffing services.
AppleOne
Arrow Staffing
Manpower
TriStaff
$150,000
$150,000
$ 75,000
$ 75,000
BACKGROUND: Contracting for temporary staffing services has been managed by individual
departments in the past. Essentially, each City department would contract separately, for general
temporary staff support up to $25,000 per agency without City Council action. As a result of the City's
growth and demand for temporary staffing, it is now necessary to consolidate the contracting for
temporary staffing services by contracting agency and receive City Council approval for each contract
that exceeds $25,000. This does not represent an increase in expenditure. This consolidating action
will provide staff with improved review, better controls and coordination of outsourced temporary
staffing services that are utilized by all City departments.
The City purchasing ordinance requires that the City Council authorize expenditures that are in excess
of $25,000. This ensures that all City departments can utilize various staffing agencies to meet their
operational needs. The City of Temecula has utilized temporary staffing agencies (AppleOne, Kelly
Services, Manpower, Arrow Staffing, and TriStaff) to provide supplemental temporary employment
services on an as needed basis. The City has utilized these agencies primarily for the staffing of
inspection, clerical and support positions related to Planning, Engineering, Building & Safety and Public
Works. In addition, during the recruitment phase of filling a position and when essential staff is out for
extended periods, temporary staff has been utilized to fill the void and manage the workflow until the
authorized position is filled or the absent staff member returns to work.
FISCAL IMPACT:
staffing services.
Adequate funds are budgeted within each department to fund temporary
ATTACHMENTS:
Contracts for temporary staffing agencies.
R,\PAPAGGIAGENDAS\T,mp S¡,ffm, 0", $25K,doo
AGREEMENT
FOR TEMPORARY STAFFING SERVICES
BETWEEN THE CITY OF TEMECULA
AND ARROW STAFFING
THIS AGREEMENT is rnade and effective as of February 1, 2005, between the City
of Temecula, a municipal corporation ("City") and Arrow Staffing (Contractor). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on February 1, 2005, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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.
4. 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 ofTemecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant 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,
Consultant 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.
5.
PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed $150,000 (One Hundred and
Fifty Thousand Dollars and no Cent) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
P:\Agreeement Sampie\Consultant.Prof Services.2003
Updated 8/2003
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 up to ten percent (10%) of the amount of the
Agreement, but in no event shall the total sum of the agreement exceed twenty -five thousand
dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City
Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all 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 a invoice of any disputed fees set forth on the
invoice.
6.
SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
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, 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.
P:\Agreeement Sampie\Consultant.Prof Services.2003
Updated 8/2003
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 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 there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
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.
1O, INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01
06 92 coverin9 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.
P:\Agreeement Sample\ConsultantProf Services.2003
Updated 8/2003
b.
(2)
(3)
(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.
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.
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) peraccidentfor
bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the 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 )
(2)
(3)
The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arisin9 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 speciallirnitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
P:\Agreeement Sample\Consuitant.Prof Servlces.2003
Updated 812003
(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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current AM. 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 Coveraae. 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.
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, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
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 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
P:\A9reeement SamplelConsuitantProf Services.2003
Updated 8/2003
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Hi) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O, Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Arrow Staffing
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
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 City and Consultant understand and agree thatthe
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
P:lAgreeement Sampie\ConsuitantProf Services.2003
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18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula
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 City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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 orwritten, 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 OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Arrow Staffing
By:
Name:
Title:
By:
Name:
Title:
P:\Agreeement SamplelConsultantProf Services.2003
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EXHIBIT A
TASKS TO BE PERFORMED
Provide temporary staffing services as needed and requested throughout the year.
P:\Agreeement Sampie\ConsuitantProf Services,2003
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
The amount of this agreement is for $150,000 which will be paid based on the hourly rates
established by the work being preformed.
P:lAgreeement Sampie\Consuitant.Prof Services.2003
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AGREEMENT
FOR TEMPORARY STAFFING SERVICES
BETWEEN THE CITY OF TEMECULA
AND MANPOWER
THIS AGREEMENT is made and effective as of February 1, 2005, between the City
of Temecula, a municipal corporation ("City") and Manpower (Contractor). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on February 1, 2005, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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.
4. 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 T emecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant 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,
Consultant 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.
5.
PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed $75,000 ( Seventy Five
Thousand Dollars and no Cent) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
P:lAgreeement SamplelConsuitantProf Services.2003
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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 up to ten percent (10%) of the amount of the
Agreement, but in no event shall the total sum of the agreement exceed twenty -five thousand
dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City
Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all 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 a invoice of any disputed fees set forth on the
invoice.
6.
SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
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, 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 A9reement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
P:lAgreeement Sampie\ConsultantProf Servlces.2003
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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 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 there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, corn piling, 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.
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, ordamage 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 Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
P:lAgreeement Sampie\ConsultantProf Services.2003
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(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.
b.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1)
(2)
(3)
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.
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) peraccidentfor
bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the 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)
(2)
(3)
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.
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
P:\Agreeement Sample\ConsuitantProf Services,2003
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(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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. 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.
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, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
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 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
P:\Agreeement Sampie\ConsuitantProf Services.2003
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information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Manpower
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
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 City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
jud9ment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted.
P:1A9reeement Sample\ConsultantProf Servlces.2003
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18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula
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 City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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 OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Manpower
By:
Name:
Title:
By:
Name:
Title:
P;\Agreeement SamplelConsultantProf Services.2003
Updated 8/2003
EXHIBIT A
TASKS TO BE PERFORMED
Provide temporary staffing services as needed and requested throughout the year.
P:\Agreeement SamplelConsultant.Prof Services.2003
Updated 8/2003
EXHIBIT B
PAYMENT RATES AND SCHEDULE
The amount of this agreement is for $75,000 which will be paid based on the hourly rates
established by the work being preformed.
P:\Agreeement Sample\Consuitanl.Prof Services.2003
Updated 8/2003
AGREEMENT
FOR TEMPORARY STAFFING SERVICES
BETWEEN THE CITY OF TEMECULA
AND APPLE ONE
THIS AGREEMENT is made and effective as of February 1, 2005, between the City
of Temecula, a municipal corporation ("City") and Apple One (Contractor). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall comrnence on February 1, 2005, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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.
4. 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 diern 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 ofTemecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant 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,
Consultant 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 hirn or by any subcontractor under him, in violation of
the provisions of the Contract.
5.
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, Payrnent 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 $150,000 (One Hundred and
Fifty Thousand Dollars and no Cent) for the total terrn 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 up to ten percent (10%) of the amount of the
Agreement, but in no event shall the total sum of the agreement exceed twenty -five thousand
dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City
Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all 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 a invoice of any disputed fees set forth on the
invoice.
6.
SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work perforrned up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
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, 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.
P'\ân'ooo~on' CO~"'"'~M"' ,"no' n..' ~-- .,--- OM'
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 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 there from as necessary, and
shall allow inspection of a II work, data, documents, proceedings a nd a ctivities 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, cornputerfiles containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
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 orincurorwhich 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 perforrnance 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.
Minirnum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3)
b.
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.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1)
(2)
(3)
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.
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Worker's Compensation as required by the State of California;
Employer's Liability: One rnillion dollars ($1,000,000) per accident for
bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, 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 )
(2)
(3)
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.
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current AM. 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 Coveraae. Consultant shall furnish the City with 0 riginal
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 endorsernents 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.
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 tirnes be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
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 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, I etters of support, testimony at depositions, response to interrogatories 0 r 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 perforrned
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not lirnited 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:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Apple One
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
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 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 Agreernent. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula
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 City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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 Agreernent 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
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Apple One
By:
Name:
Title:
By:
Name:
Title:
PUneooomon' ~omn'o'rM.""On' Don' CM.;..- nOM
EXHIBIT A
TASKS TO BE PERFORMED
Provide temporary staffing services as needed and requested throughout the year.
EXHIBIT B
PAYMENT RATES AND SCHEDULE
The amount of this agreement is for $150,000 which will be paid based on the hourly rates
established by the work being preformed.
P:\Aareeemen! ~"mnle\r.M<' ,It"n! Pm' "on,;"o. ?M'
AGREEMENT
FOR TEMPORARY STAFFING SERVICES
BETWEEN THE CITY OF TEMECULA
AND TRISTAFF
THIS AGREEMENT is made and effective as of February 1, 2005, between the City
of Temecula, a municipal corporation ("City") and Tristaff (Contractor). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on February 1, 2005, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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.
4. 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 atthe City Clerk's office ofTemecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant 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,
Consultant 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.
5.
PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed $75,000 ( Seventy Five
Thousand Dollars and no Cent) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
P:\Agreeement Sampie\Consuitant.Prof Services.2003
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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 rnay 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 exceed twenty -five thousand
dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City
Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all 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 a invoice of any disputed fees set forth on the
invoice.
6.
SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreernent
pursuant to this Section, the Consultant will submit an invoice to the City 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, 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.
P:\Agreeement Sample\ConsullantProf Services.2003
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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 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 there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
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 Scope of Insurance. Coverage shall be at least as broad as:
(1 )
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
P:\Agreeement SamplelConsuitant.Prof Services.2003
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(3)
b.
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.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1 )
(2)
(3)
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.
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for
bodily injury or disease.
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 )
(2)
(3)
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.
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
P:\Agreeement Sample\Consuitant.Prof Services.2003
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(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. Acceptabilitv 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 Coveraae. 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.
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, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
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 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
P:\Agreeement Sample\ConsultantProf Services.2003
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information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Tristaff
15. ASSIGNMENT, The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
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 City and Consultant understand and agree thatthe
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
P:\A9reeement Sampie\ConsuitantProf Services.2003
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18. PROHIBITED INTEREST. Noofficer,oremployeeoftheCityofTemecula
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 City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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 orwritten, 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 OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Tristaff
By:
Name:
Title:
By:
Name:
Title:
P:\Agreeement Sample\Consultant.Prof Servlces.2003
Updated 8/2003
EXHIBIT A
TASKS TO BE PERFORMED
Provide temporary staffing services as needed and requested throughout the year.
P:\Agreeement Sample\Consultant.Prof Services.2003
Updated 8/2003
EXHIBIT B
PAYMENT RATES AND SCHEDULE
The amount of this agreement is for $75,000 which will be paid based on the hourly rates
established by the work being preformed.
P:\Agreeement SamplelConsultanl.Prof Services.2003
Updated 8/2003
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
JANUARY 25, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:35 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Comerchero, Edwards, Naggar, Roberts,
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
Minutes
RECOMMENDATION:
1.1
Approve the minutes of January 11, 2005.
2
Tract Map No. 29133 - Service Level B, Service Level C. and Service Level 0 Rates
and Charges
RECOMMENDATION:
2.1
Adopt a resolution entitled:
RESOLUTION NO. CSD 05-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH
RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND
SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP
NO. 29133 BEGINNING FISCAL YEAR 2005-2006 AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN
CONNECTION THEREWITH
R:\Minutes,csdIO12505
3.
Tract Map No. 25004 - Service Level B, Service Level C, and Service Level 0 Rates
and Charaes
RECOMMENDATION:
3.1
Adopt a resolution entitled:
RESOLUTION NO. CSD 05-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH
RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND
SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP
NO. 25004 BEGINNING FISCAL YEAR 2005-2006 AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN
CONNECTION THEREWITH
MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1-3. The motion
was seconded by Director Roberts and electronic vote reflected unanimous approval.
PUBLIC HEARING
4
Wolf Creek Specific Plan No. 12 - Service Level B - proposed residential street liahtina:
Service Level C perimeter landscapina and slope maintenance: and Service Level D
refuse and recyclina collection services rates and charaes
RECOMMENDATION:
4.1
Adopt a resolution entitled:
RESOLUTION NO. CSD 05-04
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 MARCH 14, 2005, REGARDING SERVICE LEVEL B
AND SERVICE LEVEL C RATES AND CHARGES FOR WOLF
CREEK SPECIFIC PLAN NO. 12 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
4.2
Approye the Election Notice, Ballot, and Procedures for the completion, return,
and tabulation of the Ballots;
4.3
Authorize staff to mail the Ballots to the affected property owners pursuant to the
aforementioned process.
R:\Minutes,csdIO12505
At this time, President Washington opened the public hearing; there being no public input, the
public hearing was closed.
Community Services Director Parker reviewed the staff report (of record), adYising that only four
property owners will be involved in the upcoming election.
For President Washington, City Clerk Jones confirmed the upcoming election process.
MOTION: Director Comerchero moyed to approye staff's recommendations (4.1, 4.2, and 4.3).
The motion was seconded by Director Naggar and electronic vote reflected unanimous
approval.
DEPARTMENTAL REPORT
No additional comments.
DIRECTOR OF COMMUNITY SERVICES REPORT
Community Services Director Parker thanked the community for attending the Harveston Park
Dedication Ceremony and invited the Harveston residents to a park ceremony on Saturday,
January 29, 2005, 11 :00 AM. to 2:00 P.M.
GENERAL MANAGER'S REPORT
General Manager Nelson thanked the Community Services Department/Maintenance Division for its
efforts associated with the design and preparation of Harveston Park.
BOARD OF DIRECTORS' REPORTS
Director Comerchero advised that this park was built and paid by the developer without the use of
any public funds as part of the condition of building the Harveston Development.
Having attended today's dedication, President Washington expressed his delight with the park and
commented on the importance this Council has placed on the development of parks as well as
cultural activities and thanked the developer (Lennar) on a job well cone.
Director Naggar thanked Mr. Chris Pedersen on his instrumental efforts in obtaining three additional
acres for this park.
R:\Minutes.csdIO12505
ADJOURNMENT
At 7:42 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, February 8,2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
R:lMinutes.csdIO12505
4
ITEM 2
APPROVA~
CITY ATTORNEY
DIRECTOR OF F~CÉ
CITY MANAGER
----- -
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman Parker, Director of Community serviceQ
DATE:
February 8, 2005
SUBJECT:
Old Town Temecula Community Theater Booking and Rental Policy
PREPARED BY:
Bruce A. Beers, Theater Manage'J3.
RECOMMENDATION:
That the Board of Directors:
1. Approve the Booking and Rental Policy for the Old Town Temecula Community Theater
(Theater).
2. Adopt a Resolution entitled:
RESOLUTION NO. CSD OS--
A RESOUL TION OF THE TEMECULA COMMUNITY
SERVICES DISTRICT BOARD OF DIRECTORS
ESTABLISHING THE OLD TOWN TEMECULA
COMMUNITY THEATER RESIDENT COMPANIES
DISCUSSION: The Booking and Rental Policy outlines the booking priorities
addressing date availability and accessibility, the schedule of rental and user fees, and the rules and
regulations regarding the Theater's use. The policy was reviewed by the Sub-Committee of the City
Council.
Booking priority is based on the intended use of the Theater. Primary priority goes to bookings for
the purpose of presenting performing and visual arts events (Booking Tiers 1,2, and 3); Secondary
priority goes to bookings for the purpose of presenting events other than performing and visual arts
events (Booking Tiers 4 and 5).
Tier 1 User priority bookings will be given to the City of Temecula (Temecula Children's Museum,
Temecula Valley Museum and Temecula Presents), to organizations in partnership with the City to
further cultural goals (Arts Council of Temecula Valley and the Temecula Valley Unified School
District), and to those non-profit organizations deemed by the City to be Resident Companies due to
their significant contribution toward the construction of the Theater (Temecula Theatre Foundation,
Temecula Valley Players, Fine Arts Network, and Vintage Singers). Tier 2 Users are all other
Temecula-based organizations and individuals. Tier 3 Users are all non Temecula-based
organizations and individuals. For Users wishing to present events other than a performing or visual
arts event, Tier 4 users are Temecula-based and Tier 5 Users are non Temecula-based.
All rental fees, ticket office fees, front-of-house fees, and technical production fees are based on the
residence of the User. The best rates go to Temecula-based non-profit Users; the second best rates
go to all other Temecula-based Users; the third best rates go to non-profit organizations not based
in Temecula; the forth best rates go to all other non Temecula-based Users. A matrix is attached
that compares our proposed fees to the fees charged at six other venues in the region.
Rules and regulations governing the use of the Theater include:
All Users are required to use the Theater's Ticket Office services, front-of-house staff, and
technical crew. This will insure that continuity and quality customer service will be
maintained, public relations will be managed, and safety protocols will be enforced.
. It will be the User's responsibility to advertise, promote and market its event to the public.
The resolution identifies those organizations that have raised significant funds forthe construction of
the Theater and have pledged to continue to financially support the Theater through future
fund raising activities. Deemed Resident Companies, these organizations will receive first-priority
booking status and a discount from all fees listed in the Booking and Rental Policy. The discount will
be 35% for the first year of Theater operations, 20% for the second year, and 10% thereafter.
FISCAL IMPACT: Adoption of the Booking and Rental Policy will establish user fees
which will offset some of the costs of Theater operations. The proposed fees are estimated to
generate approximately $203,000 annually. This amount is expected to offset approximately one-
third of the annual operating costs of the Theater.
OLD TOWN
TEMECULA
COMMUNITY
THEATER
BOOKING and RENTAL POLICY
The Old Town Temecula Community Theater is a perfonning and visual arts facility that
includes a contemporary, state-of-the-art, 362-seat proscenium theater opened in 2005,
the channing 1890 Mercantile Building that houses an intimate Bistro Stage and a visual
art gallery, a 1,390 square foot rehearsal space that can be divided into two rooms, and a
dance studio, Both the Theater and the Mercantile Building are available to lease
primarily for the presentation of artistic events such as concerts, musicals, plays, dance,
youth theater, and visual art shows. Events such as corporate meetings, service
organization gatherings, charity events, awards ceremonies, filmfTV shoots, banquets,
and other non-arts events shall be allowed on a limited basis. The dance studio and the
rehearsal rooms are also available to lease any time they are not being used to support the
activity on stage.
Mission
The mission of Old Town Temecula Community Theater is to present and promote the
arts and their ability to enrich community life, Theater staff recognizes that successful
events are a collaborative effort that require a high degree of skill, planning, cooperation,
teamwork, organization, flexibility, and shared information. The staff is dedicated to
providing courteous, efficient, quality service to all clients.
Booking Priority
The intended use of the Theater is for the production and presentation of perfonning and
visual arts events. With this in mind, priority is given to Users that wish to rent the
facilities for perfonning and visual arts events (Tiers 1,2 and 3). Other uses are allowed
but receive a lower priority in choosing dates (Tiers 4 and 5). It is possible for a single
User to be in two booking Tiers if the User intends to use the Theater for both arts and
non-arts purposes.
Temecula-based organizations are defined as entities where the board of directors is
comprised of 75% Temecula residents and the membership is comprised of a majority of
Temecula residents.
Resident Companies are defined as Temecula-based, not-for-profit arts organizations that
have raised significant funds for the construction of the Theater, have pledged to continue
to financially support the Theater through future fundraising activities, and are duly
designated as such by the City of Temecula.
Tier 1 User First priority for bookings shall be given to the City of Temecula,
to organizations in fonnal partnership with the City of Temecula to further cultural goals,
and to those organizations deemed to be Resident Companies for the purpose of
presenting performing or visual arts events. Dates for Tier 1 priority events shaH be
available for booking on September 1 st for the year beginning July 1 st of the following
year, Theater Management shall work with the Tier 1 groups to facilitate the bookings of
each organization relative to each other. The Tier 1 organizations are:
. Temecula Theatre Foundation (Resident Company)
. Temecula Valley Players (Resident Company)
. Fine Arts Network (Resident Company)
. Vintage Singers (Resident Company)
. Arts Council of Temecula VaHey (City Partner)
. Temecula Valley Unified School District (City Partner)
. Temecula Children's Museum (City of Temecula)
. Temecula Valley Museum (City of Temecula)
. Temecula Presents (City of Temecula)
Tier 2 User Second priority for bookings shall be given to Temecula-based,
non-profit and for-profit organizations, government entities and individuals for the
purpose of presenting a performing or visual arts event. Tier 2 priority events shaH be
available for booking on Marchlst for the year beginning on July 1st. Bookings shall be
made on a first-come first-served basis,
Tier 3 User Third priority for bookings shall be given to non Temecula-based,
non-profit and for-profit organizations, government entities and individuals for the
purpose of presenting a performing or visual arts event. Tier 3 priority events shall be
available for booking on March 15th for the year beginning on July I st. Bookings shall be
made on a first-come first-served basis,
Tier 4 User Forth priority for bookings shall be given to Temecula-based, non-
profit and for-profit organizations, government entities and individuals for the purpose of
presenting events other than performing and visual arts events, Tier 4 priority events shall
be available for booking on April 15th for the year beginning on July 1 st. Bookings shall
be made on a first-come first-served basis.
Tier 5 User Fifth priority for bookings shall be given to non Temecula-based,
non-profit and for-profit organizations, government entities and individuals for the
purpose of presenting events other than performing and visual arts events. Tier 5 priority
events shall be available for booking on May 1st for the year beginning on July 1st.
Bookings shall be made on a first-come first-served basis.
2
Leasing Procedures
Users shall place a hold on an available date which is honored for two weeks. At that
time, the User shall either sign a User License Agreement or the hold will be released.
When a License is executed, the User shall remit a non-refundable deposit equal to 50%
of the rental fee (Tier 1 Users are exempt) plus a $500 security/damage deposit.
When a date is requested that is cuITentIy on hold, the User may place a secondary hold
on the date or choose to challenge the hold. If challenged, the User with the primary hold
shall have 48 hours to either sign a User License Agreement or release the date. All
secondary holds on the date shall, in turn, have 48 hours to either sign an Agreement or
release the date, When a challenged date is released of all holds, the challenger shall
immediately execute a User License Agreement and remit the applicable deposits.
Under all circumstances, no advertising, publicity or ticket sales shall be pennitted until a
User License Agreement is fully executed.
Rental Rates
Perfonnance rental rates are based on a typical "perfonnance" event lasting up to three
hours within a nine hour usage block. Events with longer perfonnance times (such as
competitions), events with an audience that flows in and out (such as festivals), and non-
perfonnance events (such as seminars) shall be assessed a fee relative to the nature of the
event. Theater rental rates include the stage, house, dressing rooms, backstage support
facilities, the Mercantile Building (if available) and the dance studio and rehearsal rooms
(if needed to stage the event), Additionally, the rates include basic sound and lighting
equipment, nonnal housekeeping and engineering services, event management, and
technical supervision.
3
THEATER
Temecula-Based Users Non Temecula-Based Users
Non-Profit I I Non-Profit I
Users Other Users Users Other Users
Perfonnance $350 $425 $475 $550
200 Perfonnance in one dav $175 $210 $235 $275
Rehearsal (4-hour max) $150 $185 $205 $235
Load-In/Out (9-hour max) $175 $210 $235 $275
Additional Hours $40 $50 $55 $65
Dark Days* $100 $125 $140 $160
MERCANTILE
I All Uses (3-hour minimum) I
$40/hr
$50/hr
$55/hr
$65/hr
DANCE STUDIO
I All Uses (3-hour minimum) I
$25/hr
$30/hr
$35/hr
$40/hr
REHEARSAL ROOMS
Room A or B (3-hour min.)
Room A & B (3-hour min,)
* There is no charge for Mondays. If the Theater can be used for another event on a
dark day, there is no charge,
Additionally, the User is responsible for the following (rate schedule attached):
. The User is required to use the Theater's ticket office services and staff.
. The User is required to use the Theater's front-of-house personnel (ushers and
ticket-takers).
. The User is required to use the Theater's technical crew.
. Any dedicated security and/or medical personnel deemed necessary by Theater
Management shall be the responsibility of the User and be hired from a source
approved by Theater Management.
. Catering is the responsibility of the User, Catering vendors shall be approved by
Theater Management.
. The cost of additional sound, lighting and stage equipment (such as wireless
microphones, followspots, and dance floor) shall be borne by the User,
Security, Damage and Cleaning Deposit
A refundable security/damage deposit in the amount of $500 is due and payable at the
execution of a User License Agreement. This deposit will be refunded to the User, less
deductions for any damage, loss, repair, cleaning beyond customary custodial care, and
any other fees owed to the Theater,
4
Safety and Security
The safety and security of audience members, performers, User event personnel, and
Theater staff and volunteers is paramount. The Theater reserves the right to analyze the
risks of an event and plan accordingly. Events or activities may be denied or prohibited if
deemed a security risk,
The need for security and safety personnel for any event will be detennined by Theater
Management and charged to the User at the prevailing rate. The Theater will detennine if
uniformed security, peer security, police, and/or medical personnel is necessary.
User Responsibilities
ADA Compliance
It is the User's responsibility to comply with Americans with Disabilities Act
requirements, such as providing sign interpretation for the hearing impaired. The Theater
meets or exceeds all requirements for wheelchair accessibility, and provides infra-red
listening devices for the hearing impaired. For events with consigned tickets, the Theater
will retain all wheelchair accessible seating, Patrons requesting wheelchair seating will
be served directly by the Theater's Ticket Office.
Insurance
General liability insurance shall be provided to the City naming the City of Temecula and
the Redevelopment Agency as additional insured. Insurance is to be placed with insurers
with a AM, Best's rating of no less then A:VII, unless otherwise acceptable to the City.
The minimum coverage limit per occurrence and aggregate shall be $1,000,000 which
may be increased for certain events and facility uses, Coverage shall be at least as broad
as Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001), including a provision providing for a comprehensive broad form of
contractual liability.
Music Rights
The User represents and wlIITants that all copyrighted material will be performed or
produced with express pennission from the copyright owner, that the appropriate license
fees have been paid to such licensing agencies (such as ASCAP and BMI), and, when
necessary, intellectual or creative property use authorizations have been obtained.
Administrative Policv and Procedure
The User will be required to comply with administrative policy and procedure as
contained in the Theater's Rental Packet. The Director of Community Services (or
designee) shall create and maintain administrative policy, rules and regulations designed
to protect the Theater's facilities and equipment, address the safety of patrons, Users and
staff, provide for the ongoing operations of the Theater, and implement the policy.
5
Schedule of Fees
Front of House, Security and Medical Personnel Services
Temecula-Based Users Non Temecula-Based Users
Non-Profit I I Non-Profit I
Users Other Users Users Other Users
Ushers & Ticket-Takers
Per Show (2.5 hrs max)* $75 $100 $125 $150
Two Shows in One Day* $175 $225 $275 $325
If Show exceeds 2.5 hours* $25/half hr $30/half hr $40/half hr $50/half hr
House Mana¡¡;er $12/hr $15/hr $18/hr $20/hr
ecuntY
Unifonned Security ** ** ** **
Peer Security ** ** ** **
Police ** ** ** **
Fire Marshall ** ** ** **
S
Medical Personnel
I~:;e I
* Includes House Manager
** Charged at prevailing rates plus 10%
**
**
**
**
**
**
**
**
Ticket Office Services
Temecula-Based Users Non Temecula-Based Users
Non-Profit I I Non-Profit I
Users Other Users Users Other Users
Charlred to Ticket Buvers
Subscription Fulfillment $2.50/order $2,50/order $2.50/order $2.50/order
Window Sales No Charge No Charge No Char¡¡;e No Char¡¡;e
Mail Order $2.50/order $2.50/order $2.50/order $2.50/order
Telephone / Fax Order $2,OO/ticket $2,OO/ticket $2.00/ticket $2.00/ticket
Exchanges $2,OO/ticket $2.00/ticket $2.00/ticket $2.00/ticket
Group Orders $5.00/order $5.00/order $5.00/order $5,OO/order
Ch
d
U
ar!!e to ser
Ticket Sellers $1O0/show I $150/show $200/show I $250/show
Ticket Printin¡¡; $0.25/ticket I $0.25/ticket $0.25/ticket I $0.25/ticket
Debit and Credit Cards Pass-Through Actual Fee
Refund Fee 5% 5% 5% 5%
Returned Consilmment* $0.50/ticket $0.50/ticket $O,50/ticket $0.50/ticket
Patron User ($10 & over)** $l.OO/ticket $l.OO/ticket $l.OO/ticket $l.OO/ticket
Patron User (under $10)** $0.50/ticket $0, SO/ticket $0.50/ticket $0.50/ticket
Patron User (flat rate)*** $250 $275 $300 $350
* Charged when more than 50 tickets are returned or tickets are returned less than 48 hours
before the day of the event.
6
** All events are subject to the Patron User Fee. These funds are set aside for the
preservation and enhancement of the Theater. Complimentary tickets are not subject to this fee.
*** For free or invitation-only events, a flat rate Patron User Fee will be charged per
performance,
Technical Production Services
Temecula-Based Users Non Temecula-Based Users
Non-Profit I I Non-Profit I
Users Other Users Users Other Users
Technical Labor
Technical Director No Char!!e No Char2e No Char2e No Char2e
Sta!!e Mana!!er $12/hour $15/hour $15/hour $18/hour
Head Electrician $12/hour $15/hour $15/hour $18/hour
Head Audio En2Ïneer $12/hour $15/hour $15/hour $18/hour
Sta2ehands $IO/hour $12/hour $12/hour $16/hour
StaIJe F.nuinment
Follow Soots $25/show $35/show $50/show $70/show
Dance Floor $35/show $50/show $75/show $1O0/show
Grand Piano $50/show $75/show $125/show $200/show
Unòe:ht Piano $35/show $50/show $75/show $1O0/show
Piano Tunine: Pass- Throue: Actual Cost
Orchestra Shell No Chare:e $35 $75 $125
Video Projector / Screen $1O0/show $150/show $175/show $250/show
Wireless Micronhone $1O/show $15/show $25/show $40/show
Comnanv Switch No Chare:e $50/show $75/show $125/show
Washer and Drver $1O/dav $15/dav $20/dav $50/day
PhoneIFaxlModem Line No Chare:e $IO/dav $15/dav $25/day
Video / Audio Recordine: Bv Snecial Arrane:ement Only
Snecial Eauinment Rental Cost Plus 10%
7
FEE COMPARISON
Temecula
Escondido
Brea
Big Bear
TolTance
Campbell
Poway
Seats 362 408 199 310 500 800 815
Rental Hours 9 hours 9 hours 4 hours 6 hours 5 hours 8 hours 5 hours
Non-profit
perfonnance $350 local $240 local $2601 show $7251 show
rate $425 outside $4501 show $440 outside $2651 show $51.751 hr None $175/hr
Standard
perfonnance $475 local $1,1401 show $6001 show $1,1001 show
rate $550 outside $6501 show $4801 show $6051 show $103.751 hr $1001 hr $3001 hr
FOH fees $751 show $1501 show None $501 show $20.751 hr $151 hr $75 1 show
Ticket Office $1001 show + $1501 show + $701 show + $5001 show +
Fees $0.25 1 ticket $0.25 1 ticket $21 ticket $0.501 ticket $401 show $0.301 ticket $801 show
Technical
Fees $13.501 hr $131 hr $331 hr $131 hr $201 hr $20/hr $17 1 hr
Security
Deposit $5001 event None $5001 event fila $1,0001 event $5001 event $1501 event
Reduced Rate
for Weekday
Use No No Yes No No Yes No
Reduced Rate
for Rehearsals Yes Yes No Yes No Yes No
Rental Cost
I per Seat* $0.97 $1.10 $1.21 $0.85 $0.93 $0.88 $1.75
Incidental
Fees per Seat* $1.33 $1.50 $4.65 $1.56 $0.87 $1.39 $0.52
Total Cost per
Seat* $2.30 $2.60 $5.86 $2.41 $1.80 $2.27 $2.27
* For a locally-based Non-profit Organization, assuming 2 stagehands working 8 hours each, tickets are printed for capacity seating,
and a 3.5 hour work call for FOH.
ITEM 3
APPROVAL~
CITY ATTORNEY
DIRECTOR OF FINAW
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
Board of Directors
Herman D. Parker, Director of Community serviceØ
February 8, 2005
TO:
DATE:
SUBJECT:
Roripaugh Ranch Specific Plan - Service Level C, Perimeter Landscaping
and Slope Maintenance and Service Level 0, Refuse and Recycling
Collection Services Rates and Charges
PREPARED BY:
Barbara Smith, Management Analyst &<:;5
RECOMMENDATION:
That the Board of Directors:
1.
Adopt a resolution entitled:
RESOLUTION NO. CSD 05--
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 MARCH 29, 2005
REGARDING SERVICE LEVEL C RATES AND CHARGES FOR
RORIPAUGH RANCH SPECIFIC PLAN IN ORDER TO ESTABLISH
SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR
2005-2006 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE
CALIFORNIA CONSTITUTION.
2.
Approve the Election Notice, Ballot, and Procedures for the Completion, Return and
Tabulation of the Ballots.
3.
Authorize staff to mail the ballots to the affected property owners pursuant to the
aforementioned process.
BACKGROUND: The Temecula Community Services District (TCSD) operates under the
authority of Community Services District Law and provides residential street lighting services,
perimeter and slope maintenance, refuse/recycling collection services and unpaved road maintenance
to numerous residential subdivisions within the City of Temecula through Service Levels B, C, 0 and
R. All of the residential streets within Roripaugh Ranch will be gated and private therefore all
residential streetlights will be owned and maintained by the Homeowner's Association. TCSD will not
provide services for Roripaugh Ranch within Service Level B, residential streetlights and Service
Level R, unpaved road maintenance.
R,ISMITIffiIEI,otioo<lRoripaughIStw-Noti" ofElootioo,doo
0113112005
Pursuant to the request of the property owner, staff has initiated proceedings to assume the
responsibility for long-term perimeter landscaping and slope maintenance, and refuse/recycling
collection services within the Roripaugh Ranch Specific Plan beginning Fiscal Year 2005-2006.
On December 7, 2004 and in accordance with Proposition 218, the Board of Directors adopted the
resolution of intention to file the levy report on lots within the Roripaugh Ranch Specific Plan. The
Notice of Public Hearing was subsequently mailed to the property owner identifying the proposed
TCSD Rates and Charges for each affected parcel as follows:
Service Level C
$ 46.00 per residential parcel
Service Level 0
$180.70 per occupied residential parcel
At tonight's Public Hearing, the Board of Directors must hear and consider all objections or protests to
the levy report for Roripaugh Ranch Specific Plan and the proposed rates and charges. If the property
owner presents a written protest, the Board must reject the proposed fee and abandon any further
proceedings. In this instance, a homeowner's association who will already be assuming the
responsibility for the street lighting will also assume the perimeter landscape maintenance
responsibilities.
However, if the property owner does not submit a written protest against the proposed rates and
charges, the Board of Directors may then adopt the proposed fee subject to an election requiring a
majority approval of the affected property owners. In this instance, the Board of Directors can order
and call an election for March 29, 2005, and authorize staff to proceed with mailing a notice and ballot
to the property owners of the Roripaugh Ranch Specific Plan, a copy of which is attached for your
review.
Pursuant to the ballot process, staff is also recommending the approval of the attached Procedures for
the Completion, Return and Tabulation of Ballots. The ballot procedure explains the process for
completion, return and tabulation of the ballot and will be included as part of the mailed ballot
documents. The ballot can only be completed by the property owner of each parcel. In order to be
counted, the ballot must be completed in compliance with these procedures and returned to the City
Clerk/District Secretary prior to 10:00 a.m. on March 29, 2005. The City Clerk/District Secretary will
open the ballot on March 29,2005 at 10:30 a.m, in the Main Conference Room in City Hall. The results
of the election shall be announced by the City Clerk/District Secretary at that time, and presented to the
Community Services District for formal certification at it's meeting on April 12, 2005.
FISCAL IMPACT: In the event that the Board of Directors calls for an election, staff will prepare the
notices, ballot and election procedures in-house.
If approved, upon build-out of the development, the proposed rates and charges $46.00 per parcel will
generate an annual levy of $81,006.00 for Service Level C maintenance program. The proposed
Service Level 0 charge of$180.70 per parcel will generate an annual levy of$318,212.70. As per the
contractual a9reement with CR&R, Inc., the City franchised trash/recycling hauler, this rate shall be
adjusted with the Consumer Price Index (CPI) and Riverside County Tip Fee. Pursuant of Proposition
218, these amounts may be increased by the TCSD only after conducting a public hearing, however,
mailed ballot proceedings are not required to increase Service Level 0 rates and charges. Actual costs
for providing long-term residential street lighting and perimeter landscaping and slope maintenance
services within the Roripaugh Ranch Specific Plan will be absorbed into Service Level C upon
installation of said improvements.
ATTACHMENTS:
1.
2.
3.
Resolution Calling and Noticing the Election and Exhibits.
Procedures for Completion, Return and Tabulation of Ballots.
Vicinity Map
RoISMITHB\EI"tio",lRorip,"ghlStill-Not;" of EI"';o"d",
01/3112005
ATTACHMENT 1
RESOLUTION NO. CSD 05-
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 MARCH 29, 2005 REGARDING SERVICE LEVEL C
RATES AND CHARGES FOR THE RORIPAUGH RANCH
SPECIFIC PLAN IN ORDER TO ESTABLISH SERVICE LEVEL
C RATES AND CHARGES BEGINNING FISCAL YEAR 2005.
2006 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE
CALIFORNIA CONSTITUTION
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS
FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1,
1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to
provide specified services to properties within its jurisdiction.
Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the
TCSD has prescribed, revised and collected rates and charges for services furnished by it, and
has elected to have these rates and charges collected on the tax roll in the same manner, by
the same persons, and at the same time as, together with and not separately from, property
taxes collected within the TCSD in the manner prescribed by Government Code Sections
61765.2 to 61765.6, inclusive.
Section 3. Pursuant to Government Code Section 61621.2, the TCSD
caused a written report ("Report") to be prepared and filed by the Secretary of the TCSD, which
Report contains a description of each parcel of real property within the Roripaugh Ranch
Specific Plan and the proposed amount of the rates and charges against each parcel for fiscal
year 2005-2006. The Report containing the proposed rates and charges is attached hereto as
Exhibit A, entitled "Project Summary," and incorporated herein by this reference. A copy of the
Report is on file in the office of the Secretary of the TCSD, and is available for public inspection.
Section 4. By previous resolution, the Board of Directors acknowledged the
filing of the Report, and appointed a time and place for a public hearing on the Report and the
proposed rates and charges. Notice of the public hearing was mailed and published as required
by law and affidavits of publication and mailing are on file with the Secretary of the TCSD.
Section 5. On February 8, 2005, the Board of Directors conducted a public
hearing on the Report and the proposed rates and charges. At the public hearing, the Board of
Directors heard and considered all oral and written objections, protests and comments by any
interested person concerning the Report, the proposed rates and charges, and the method of
collection of such rates and charges.
Section 6. The Board of Directors hereby finds and determines that, based
on the Report and the District budget, the rates and charges as set out on Exhibit A do not
R :ISMITHBIElectionslRoripaugh IReso- Election, DOC
exceed the reasonable cost of the services to be provided by the TCSD within the Roripaugh
Ranch Specific Plan for fiscal year 2005-2006.
Section 7. The Board of Directors hereby finds and determines that written
protests have not been filed by a majority of owners of identified parcels. The Board of
Directors hereby overrules any and all objections and protests and adopts the rates and
charges for fiscal year 2005-2006 as set out on Exhibit A for the services to be proyided by the
TCSD for fiscal year 2005-2006.
Section 8. The TCSD shall collect such rates and charges at the same time
and in the same manner and by the same persons as, together with and not separately from,
the property taxes collected within the TCSD. These rates and charges shall be delinquent at
the same time and thereafter be subject to the same delinquency penalties as such property
taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including,
but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund
and redemption, are applicable to these rates and charges, except for California Revenue and
Taxation Code Section 4831. However, if for the first year the charge is levied, the real property
to which the charge relates has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of such taxes appear on the roll, then the charge
shall not result in a lien against the property, but instead shall be transferred to the unsecured
roll for collection.
Section 9. If a property owner subject to these rates and charges questions
the classification of the owner's property for fiscal year 2005-2006, or claims that an error has
been made with respect to the implementation of the rates and charges or the application of the
rates and charges to the owner's property for that fiscal year, such property owner must appeal
the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1,
2005, pursuant to procedures established by the TCSD, in order to be considered under the
appeal of classification or correction of errors program.
Section 10. If a property owner subject to these rates and charges believes
that payment of the rates and charges for fiscal year 2005-2006 would create a hardship for that
property owner during that fiscal year, such property owner must appeal the levy by filing a
hardship appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2005,
pursuant to procedures established by the TCSD, in order to be considered under the hardship
appeal program.
Section 11. The Secretary of the TCSD is hereby ordered to transmit or cause
to be transmitted to the County Auditor of the County of Riverside, California before August 10,
2005 the Report and the property tax roll with such rates and charges enumerated for each
parcel not exempt there from; and the County Auditor is hereby designated, required,
empowered, authorized, instructed, directed and ordered to make collection of all such rates
and charges as shown on that roll and to perform any and all duties necessary therefore.
Section 12. Pursuant to the California Environmental Quality Act (CEQA), the
levy and collection of these rates and charges is exempt from CEQA pursuant to Public
Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines
because the rates and charges are necessary to maintain existing improvements within the
TCSD.
R: \S M ITHB IE I e ct i 00 S \R 0 rip au gh \R eso- Elect i 0 0 , DOC
- 2-
Section 13.
The Secretary of the TCSD shall certify to the adoption of this
Resolution.
Section 14. The Service Level C rates and charges adopted by this resolution
shall take effect only if they are approved by a majority of the property owners of the property
subject to the rates and charges voting at an election to be held on March 29, 2005. The Board
of Directors hereby calls said election and orders that said election be conducted as a mail
ballot election pursuant to the requirements of Article XIIID, Section 6 of the California State
Constitution.
Section 15, The notice and ballot to be submitted to the property owners shall
be substantially in the form attached as Exhibit B and incorporated herein by reference.
Section 16. The Board of Directors hereby approves the Procedures for the
Completion, Return and Tabulation of Ballots ("Ballot Procedures") presented to the Board at
this meeting and directs such procedures be placed on file in the office of the Secretary of the
Temecula Community Services District and open to public inspection.
Section 17. All ballots must be received by the Secretary of the Temecula
Community Services District no later than 10:00 a.m. on March 29, 2005. In all particulars not
recited in this Resolution, the election shall be held and conducted as provided in the Ballot
Procedures.
Section 18. The Secretary of the Temecula Community Services District is
hereby authorized to canvass the returns of the election. The officers and staff of the Temecula
Community Services District are hereby authorized and directed to take such further action as
may be necessary or appropriate in preparing for and conducting the election.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Temecula Community Services District this 8th day of February, 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss
R: ISM ITHBlEiections IRoripaughlReso- Election, DOC
- 3-
CITY OF TEMECULA
I, Susan W. Jones, CMS, District Secretary, HEREBY CERTIFY that the foregoing
Resolution No. CSD 05-- was duly adopted by the Board of Directors of the Temecula
Community Services District at the regular meeting thereof, held on the 8th day of February,
2005, by the following vote of the Board of Directors.
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk/District Secretary
[SEAL]
R : IS M ITHB IE i ee lions IRo ri p au gh IR eso- E lee lion, DOC
-4-
EXHIBIT A
PROJECT SUMMARY
CITY OF TEMECULA
(RORIPAUGH RANCH)
INITIAL lEVY REPORT
Service Levels C and D
Temecula Community Services District (TCSD)
Commencing Fiscal Year 2005/2006
INTENT MEETING:
PUBLIC HEARING:
December 7, 2004
February 8, 2005
15 MuniFinancial
Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (951) 587-3500
Tel: (800) 755-MUNI (6864)
Fax:(951) 587-3510
Office Locations
Anaheim, CA
Jacksonville, FL
Lancaster, CA
Los Angeles Regional Office
Oakland, CA
Phoenix, AZ
Sacramento, CA
San Diego, CA
Seattle, WA
www.muni.com
TABLE OF CONTENTS
I. INTRODUCTION ...........................................................................................1
II.
PLANS AND SPECIFICATIONS .......................................................3
A.
General Description of TCSD Services ........................................................3
B.
Roripaugh Ranch Legal Description ............................................................3
C.
Services and Charges".................,...........",..........................""...........,........4
III. METHOD OF APPORTIONMENT.....................................................6
IV. TCSD LEVY SUMMARY AND PROPOSED CHARGES ......8
APPENDIX A - DIAGRAMS.........................................,.............................11
APPENDIX B - PARCEL LISTING (FY 2005-2006)......................17
RORIPAUGH RANCH
INiTiAL lEVY REPORT
TEMECULA COMMUNITY SERViCES DiSTRICT
I.
INTRODUCTION
Upon incorporation of the City of Temecula ("City"), effective December 1, 1989,
voters approved the formation of the Temecula Community Services District
("TCSD") to proYide specified services to properties within its jurisdiction preYiously
provided by the County of Riverside ("County"). The boundary of the TCSD is
coterminous with the City boundary, and includes all parcels within the City with the
City Council acting as the Board of Directors ("Board") for the TCSD. The TCSD
collects property-related fees and charges (Charges) in order to proYide services
and maintain the improvements within the TCSD. The TCSD was formed, and
Charges are set and established, pursuant to the Community Services District Law,
Title 6, Division 3 of the Califomia Government Code ("CSD Law").
Pursuant to Government Code Section 61621.2, this Initial Levy Report ("Report") is
prepared and presented to the Board to prescribe Service Leyel C and Service
Leyel D Rates and Charges for the parcels and territory known as Roripaugh Ranch
(a residential development) and its subsequent phases beginning Fiscal Year 2005-
2006.
The territory and properties identified and described in this Report includes all
parcels within the development identified as Roripaugh Ranch, a future residential
subdivision that consists of approximately seven hundred and seventy (770.15)
acres of vacant property located near the northern border of the City with 1,761
planned residential units. Major streets leading into the development include
Pourroy Road on the north and Murrieta Hot Springs Road from the west to the
middle of the development. Butterfield Stage Road bisects the development from
north to south. The owners of record (four property owners) haye requested that
the TCSD establish the parcel charges and conduct a ballot proceeding as
necessary to proYide ongoing revenue for perimeter landscaping and slope
maintenance and refuse collection within this future residential subdivision.
Each fiscal year, an Annual Levy Report for the TCSD is prepared, filed and
approyed by the Board. This Annual Levy Report describes the TCSD, any changes
to the TCSD and the proposed Charges for the fiscal year. Commencing with Fiscal
year 2005-2006, the Roripaugh Ranch subdiyision will be added to Service Levels
C and D and levied for the corresponding rates and charges on the Riverside
County Secured Roll.
The TCSD proYides residential street lighting, perimeter landscaping and slope
maintenance, and refuse collection in numerous residential deyelopments as well
as road improyement and maintenance within specified areas of the TCSD.
Pursuant to Goyernment Code Sections 61621 and 61621.2, the TCSD has
prescribed, revised and collected rates and charges for residential street lighting
(Service Level B), perimeter landscaping and slope maintenance (Service Leyel C),
RORiPAUGH RANCH
iNITIAL LEVY REPORT
TEMECULA COMMUNITY SERVICES DISTRiCT
refuse collection (Service Level D), and road improvement and maintenance
(Service Leyel R) services furnished by the TCSD, and has elected to have these
rates and charges collected on the tax roll in the same manner and at the same
time as, together with and not separately from its general taxes in the manner
prescribed by Goyernment Code Sections 61765.2 to 61765.6, inclusiye.
Pursuant to Article XIIiD of the California Constitution (Proposition 218) and CSD
Law, the TCSD is required to hold a protest hearing (the "Public Hearing") and a
ballot proceeding in order to establish certain new rates and charges. In addition, a
report must be prepared and filed with the District Secretary/City Clerk that identifies
all of the affected parcels and the amount of the proposed rates and charges. A
notice is mailed to the property owner identifying the proposed rates and charges
and the date of the Public Hearing. The Public Hearing is held at least 45 days after
the mailing of the notices. If the proposed rates and charges are not rejected
pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding
not less than 45 days after the Public Hearing. The proposed rates and charges for
Service Leyel B and Service Leyel C cannot be imposed if majority protest of the
new charges are submitted by the property owners of record. Ballot proceedings
are not required to impose rates and charges for refuse collection services.
2
II.
RORIPAUGH RANCH
INITIAL LEVY REPORT
TEMECULA COMMUNiTY SERVICES DiSTRICT
PLANS AND SPECIFICATIONS
A.
General Description of TCSD Services
The TCSD proYides certain property related services consisting of four (4)
separate Service Levels to parcels throughout the TCSD. Each parcel within
the TCSD is charged proportionately for only those services attributable to
the parcel. Each Service Leyel has differing costs depending upon the
services provided. All parcels identified within a Service Leyel share in the
cost of the service. The costs associated with the service are proportionately
spread among all properties within that Service Leyel to which the service is
provided. The Service Leyels are identified as follows:
. Residential Street Lighting (Not applicable to these Tracts)
. Perimeter Landscaping and Slope Maintenance
. Refuse Collection
. Road Improyement and Maintenance (Not applicable to these Tracts)
B.
Roripaugh Ranch Legal Description
The Roripaugh Ranch property is situated in the State of California, County
of Riverside, City of Temecula, and is described as follows:
Assessor Parcel Numbers
957-340-046 958-260-014 958-810-006
957-340-048 958-260-015 958-810-007
957-340-049 958-260-016 958-810-008
957-340-050 958-260-017 958-810-009
957-340-051 958-260-018 958-810-010
957-340-052 958-260-019 958-810-011
957-340-053 958-260-020 958-810-012
957-340-054 958-260-021 958-810-013
957-340-055 958-810-001 958-810-014
958-260-011 958-810-002 958-810-015
958-260-013
3
RORiPAUGH RANCH
iNITIAL lEVY REPORT
TEMECULA COMMUNiTY SERVICES DISTRiCT
C.
Services and Charges
The proposed services applicable to parcels within Roripaugh Ranch defined
in Appendix B - Parcel Listing for which charges will be imposed beginning
Fiscal Year 2005-2006 include: perimeter landscaping and slope
maintenance; and refuse collection.
Service Level 8, Residential Street Lighting - includes all developed
single family residential parcels and residential vacant parcels for which the
TCSD proYides on-going servicing, operation, and maintenance of local
street lighting improvements. Roripaugh Ranch is proposed to have private
street lighting and hence; Service Leyel B is not applicable to its tracts. The
current rate and charges for Service Leyel B is $25.68 per residential parcel
and would be applied to parcels within Tracts that haye street lighting
improyements proYided beginning in Fiscal Year 2005-2006.
Service Level C, Perimeter Landscaping and Slope Maintenance -
includes all developed single family residential parcels and residential yacant
parcels for which the TCSD provides on-going servicing, operation, and
maintenance of perimeter landscaped areas and slopes within the public
right-of-ways and dedicated easements adjacent to and associated with each
development. The landscaped areas associated with this specific
development, (Roripaugh Ranch, include, but are not limited to, perimeter
and slope landscaping on:
. On the south side of Murrieta Hot Springs Road near the northern area of
the deyelopment, crossing oyer and to the east of the Second San Diego
Aqueduct;
. Along the west and south sides of Roripaugh Valley Road from Murrieta
Hot Springs Road to Butterfield Stage Road;
. Along the west and east sides of Fiesta Ranch Road from Roripaugh
Valley Road to Nicolas Road; excluding the area adjacent to the park and
open space;
. On the south side of Nicolas Road from the west side of the development
until Fiesta Ranch Road, and then on both the north and south sides of
Nicolas Road from Fiesta Ranch Road Street until Butterfield Stage
Road;
4
RORiPAUGH RANCH
iNITIAL LEVY REPORT
TEMECULA COMMUNITY SERViCES DISTRiCT
. Along the west side of Butterfield Stage Road from Roripaugh Valley
Road Street until the south end of the development;
. Along the east side of Butterfield Stage Road from below North Loop
Road until the south end of the deyelopment;
. Along both north and south sides of North Loop Road, beginning east of
Butterfield Stage Road to the west side of the 20 acre school site
(planning area 28);
. Along both north and south sides and within the medians of South Loop
Road, beginning east of Butterfield Stage Road to the east side of the fire
station (planning area 32).
The leyel of maintenance required and the associated operating costs are
consistent with the existing TCSD Service Level C-1. The rate and charges
for Service Leyel C-1 are currently $46.00 per residential parcel and shall be
applied to parcels within Roripaugh Ranch beginning in Fiscal Year 2005-
2006.
Service Level D, Refuse Collection - provides for the operation and
administration of the refuse collection program including recycling and street
sweeping services for all single family residential homes within the TCSD.
The current rate and charges for Service Level D is $180.70 per single family
residential home (deyeloped residential parcel) and will be applied to all
parcels within Roripaugh Ranch that haye been identified as deyeloped with
residential homes, beginning in Fiscal Year 2005-2006. Pursuant to
Proposition 218, the rate and charges for this service may be increased by
the TCSD after conducting an additional protest hearing on the matter.
Mailed ballot proceedings are not required to establish Service Level D rates
and charges.
5
RORIPAUGH RANCH
iNiTiAL lEVY REPORT
TEMECULA COMMUNITY SERViCES DiSTRICT
III.
METHOD OF APPORTIONMENT
The cost to provide services within Roripaugh Ranch will be added to the Service
Leyel and fairly distributed among each assessable property by the same method
and formulas applied to all parcels within the various Service Levels of the TCSD.
The following is the formula used to calculate each property's TCSD charges and is
applied to Service Level B (Residential Street Lighting); Service Leyel C (Perimeter
Landscaping and Slope Maintenance); and Service Level D (Refuse Collection):
Total Balance to Levy / Total Parcels (in Service Level) = Parcel Charge
The following tables (Table I through III) reflect the leyy calculations for each Service
Leyel.
TABLE I
Parcel Charge Calculation for
Service Leyel B (not applicable to Roripaugh Ranch)
Parcel Charge per Parcel
PrODertv TvDe Unit X Parcel = Charae MultiDlier
Single Family Residential 1.00 $25.68 $25.68 Per Parcel
Single Family Vacant 1.00 $25.68 $25.68 Per Parcel
A charge is imposed on aU residential parcels developed or undeveloped. Parks, open
space areas, easements and non-buildable parcels are not assessed.
6
RORiPAUGH RANCH
iNITIAL LEW REPORT
TEMECULA COMMUNiTY SERVICES DISTRiCT
TABLE II
Parcel Charge Calculation for
Service Level C
Pro e T e
Single Family Residential Rate C-1
Parcel Charge per Parcel
Unit X Parcel = Char e
1.00 $46.00 $46.00
A charge is imposed on all residential parcels developed or undeveloped. Planned Residential
Developments are charged for the number of pianned residential parceis to be developed. Parks,
open space areas, easements and non-buildable parcels are not assessed.
TABLE III
Parcel Charge Calculation for
Service Level D
Parcel Charge per Parcel
Unit X Parcel = Char e
1.00 $180.70 $180.70
This charge is imposed only on developed single family residential parcels (with a
residential home). Pursuant to Proposition 218, this amount may be increased by the TCSD
after conducting an additional protest hearing.
7
RORiPAUGH RANCH
iNITIAL LEW REPORT
TEMECULA COMMUNITY SERVICES DISTRICT
IV.
TCSD LEVY SUMMARY AND PROPOSED CHARGES
Each Service Level within the TCSD provides different and specific services to
various parcels within the TCSD. The rates and charges prescribed for each service
and level of service are proportionately spread to only those parcels that are
provided each respective service (Service Leyels).
Table IV on the following page proYides general leyy information for the yarious
Service Leyels within the entire TCSD for Fiscal Year 2004-2005.
8
RORIPAUGH RANCH
INiTiAL LEVY REPORT
TEMECULA COMMUNITY SERViCES DiSTRICT
TABLE IV
TCSD Budget and Service Leyel Summary
For Fiscal Year 2004-2005
Fiscal Year 2004/2005
Net
Charge Change Total Total
Total Levy Per Levy Per Levy Levy Parcels
Service Levels District Statistics Budaet Unit Unit Units Charaed
Service Level B (Residential Street
Lighting) $481,680 $25.68 0.00% 18,757.00 18,757
Service Level C (Local Landscaping
and Slopes)
Rate Level #1 (C-1) $47,886 $46.00 0.00% 1,041.00 1,041
Rate Level #2 (C-2) 94,340 89.00 0.00% 1,060.00 1,060
Rate Level #3 (C-3) 195,924 116.00 0.00% 1,689.00 1,689
Rate Level #4 (C-4) 405,300 175,00 0.00% 2,316.00 2,316
Rate Level #5 (C-5) 94,010 70,00 0.00% 1,343.00 1,343
Rate Level #6 (C-6) 54,675 225,00 0.00% 243.00 243
Rate Level #7 (C-7) 228,201 129.00 0,00% 1,769.00 1,769
Rate Level #8 (C-8) 4,200 10,00 100,00% 420,00 420
Rate Level #9 (C-9) 44,000 200.00 100,00% 220,00 220
Rate Level #10 (C-10) 30,000 100.00 100.00% 300,00 300
Service Level C - Total $1,198,536 10,401.00
Service Level P (Citywide Recycling
and Refuse) (1) $3,587,128 $179.86 4.24% 19,944,00 19,944
Service Level R (Roads)
Rate Level #1 (R-1) $7,146 $115.26 0,00% 62 75
Rate Level #2 (R-2) 2,014 95,86 -21,37% 21 34
Service Level R - Total $9,160 109
9
RORIPAUGH RANCH
INiTiAL LEVY REPORT
TEMECULA COMMUNITY SERVICES DiSTRICT
Table V provides estimated annual levy information for the various TCSD Service
Levels proposed for Roripaugh Ranch beginning in Fiscal Year 2005-2006. The
"Total Leyy Budget" and "Total Leyy Units" reflect anticipated deyelopment at
buildout.
TABLE V
PROPOSED SERVICE LEVEL CHARGES
FOR RORIPAUGH RANCH
Estimated Budget and Charges for Fiscal Year 2005-06
Planned
Total Levy Charge Per Levy
SERVICE LEYEL Budget Levy Unit Units
Service level B:
Residential Street Lighting $0 $25.68 0
Service level C:
Local Landscaping and Slopes $81,006 $46.00 1,761
Rate Level # 1 (C-1)
Service level D:
Refuse Collection $318,213 $180.70 1,761
The "Planned Levy Units" and the resulting "Charge Per Leyy Unit" (shown in
Tables IV and V), reflect a method of apportionment that most fairly apportions the
costs of the services to the parcels in that Service Leyel. The "Total Levy Units" for
Service Levels B, C, and D are based on a per parcel count and includes all
planned residential units and an estimate of future residential units to be deyeloped
within Roripaugh Ranch.
10
RORIPAUGH RANCH
INiTiAL LEVY REPORT
TEMECULA COMMUNITY SERViCES DiSTRICT
Appendix A - DIAGRAMS
The Map of Proposed Boundaries of Roripaugh Ranch, the current County Assessor's
Parcel Number maps (APN maps) encompassing Roripaugh Ranch, and the Roripaugh
Ranch Land Use Plan are provided on the following pages. The original maps and
documents depicted in this Report are by reference made part of this Report.
11
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.
RORIPAUGH RANCH
iNITIAL LEVY REPORT
TEMECULA COMMUNITY SERViCES DiSTRiCT
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TEMECULA COMMUNITY SERVICES DiSTRiCT
Appendix B - PARCEL LISTING (FY 2005-2006)
The actual parcels subject to rates and charges for Service Leyel C and Service Level D
beginning Fiscal Year 2005-2006 shall be those parcels within Roripaugh Ranch and
subsequent phases identified on the Riverside County Secured Roll at the time all TCSD
rates and charges are submitted to the County Auditor/Controller for inclusion on the tax
roll for that fiscal year.
The rates and method of apportionment outlined in this Report are consistent with the
rates and methods preYiously approyed by the TCSD Board of Directors for each
applicable Service Level contained herein. Howeyer, all rates and methods described in
this Report are subject to revision and modification within the prescribed parameters of
the law. The actual rates and charges applied on the tax roll each fiscal year shall be
apportioned and submitted according to the rates and method described in the final TCSD
Annual Levy Report presented and approyed by the Board of Directors at an annual
Public Hearing.
The following pages encompass a complete listing of all parcels within (Roripaugh Ranch)
subject tD the TCSD Service Leyel C and Service Level D rates and charges beginning
Fiscal Year 2005-2006. To the extent that these parcels will be further subdiYided, the
newly subdivided residential parcels will each be subject to the rates and amount charged
and prescribed in this report for Service Leyel C and Service Leyel D. The rates and
charges applied to each newly subdivided residential parcel will reflect the services
proYided and the deyelopment of each respective parcel at the time the rates and charges
are applied. The table below provides a summary of the total proposed rates and charges
for all properties within Roripaugh Ranch based on the existing rates and charges per
subdivided single family residential unit:
Existing
Charge Subdivided Planned Future Subdivided
Per Total Levy Lots Subdivided Lots Lots (Estimated)
SERVICE LEVEL Levy Unit Units Budget Units Levy Units Levy Units Levy
Service Level B:
Residentiai Street $25.68 0 $0 0 $0 0 $0 0 $0
Lighting
Service Level C:
Locai Landscaping and $46.00 1,761 $81,006 0 $0 1,761 $81,006 1,761 $81,006
Slopes
Rate Levei# 1 (C-1)
Service Level 0:
Refuse Collection $180.70 1,761 $318,213 0 $0 1,761 $318,213 1,761 $318,213
17
Parcel
95~
957-340-048 :
957-340-049 I
957-340-050 I
957-340-051
957-340-051
957-340-052 I
957-340-053 I
957-340-054 I
957-340-055 :
957-340-055 I
958-260-011 i
958-260-013 I
958-260-014 I
958-260-015 I
958-260-016 I
958-260-017 :
958-260-018 !
958-260-019
958-260-020 ,
958-260-021 !
958-810-001 I
,-- -,
Phese Acreage
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14,09
I 19,96
20,04
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3,86
Appendix B
PARCEL LISTING
Roripaugh Ranch
(As of July 7, 2004)
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I Dwelling i
, Units ,Planned land Use
0 !Habitat
98 !Pianned Residentiai Subdivision
0 !Private Park
99 ¡Planned Residential Subdivision
0 !Fiood Controi
99 iPianned Residential Subdivision
0 ¡Private Recreation Center
100 :Planned Residential Subdivision
113 ¡Planned Residential Subdivision
0 ¡Landscape Slopes
6 !Planned Residential Subdivision
1,104 ¡Planned Residential Subdivision
32 ¡Planned Residential Subdivision
33 ¡Planned Residential Subdivision
0 !Sports Park
0 iSChooi
0 ISChooi
0 :Fire Station
0 ¡Planned Residential Subdivision
0 ¡Sports Park
0 ¡Fire Station
0 1 Habitat
18
I
RORIPAUGH RANCH
iNITIAL lEVY REPORT
TEMECULA COMMUNITY SERVICES DiSTRICT
Proposed Charges FY 2005-2006
(Per Subdivided Parcel')
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I :
Servtce Level B ; Service 1Level C- ¡ Service level D
, $
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276 1$
50,784 i $
1,472 :$
1,518 i $
: $
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17,709
17,889
17,889
18.070
20,419
1,084
199,493
5.782
5,963
RORIPAUGH RANCH
INiTiAL lEVY REPORT
TEMECULA COMMUNITY SERVICES DiSTRICT
I Proposed Charges FY 2005-2006
~-_. Ipl~~n:-¡l - ~ --~ JP,er Subdivided par~~'t- ~
I i " Service Level c-I
I ' :
I Phase: Acreage ' Dwelling' i
Parcel Units :Planned land Use : Service level B 1 i Service Level D
958-810-002 I 6,64 : o !Nei hborhood Park ~ $ $ - :$
958-810-006 I 2,08 o iPianned Residential Subdivision ,$ $ - i $
958-810-007 I il 9,16 21 ' ;$ $ 966 1$ 3.795
,Pianned Residential Subdivision
958-810-008 : il 1,00 0 Pianned Residential Subdivision '$ $ - 1$
958-810-009 ii 6,80 0 Habitat ,$ $ - 1$
:$ $ ' 3.433
958-810-010 II 8,12 19 Pianned Residential Subdivision 874 ,$
958-810-011 ' ii 15.90 0 :Nei hborhood Commercial !$ $ - 1$
958-810-012 ii I 16.01 37 ¡Planned Residential Subdivision i $ $ 1.702 ! $ 6,686
958-810-013 ~ Ii ' 1.16 I 0 Planned Residential Subdivision i$ $ - '$
958-810-014 I ii 0.22 0 iNel hborhood Park i$ $ - ,$
958-810-015 I ii 0.29 0 Planned Residential Subdivision ' $ $ - i $
Total Rates and Charaes for the above Identified aarcels: 1$ - $ 81,006 1 $ 318213
(Based on 1,761 planned Residential Units: 515 in Phase I and 1,246 in Phase II)
(Phase II Units estimated as percentage of their APN's Acreage to Phase II APNs with Units Acreage: 5315.60 acres)
Source: Citv of Temecula; Riverside Countv Assesso(s Parcel Maos' MunlFlnanclal.
19
EXHIBIT B
NOTICE OF ELECTION
PROPOSED SERVICE LEVEL C RATESAND CHARGES FOR RORIPAUGH RANCH
BEGINNING FISCAL YEAR 2005-2006.
Pursuant to the request of the residents, the Temecula Community Services District (TCSD) has
initiated proceedings to assume maintenance of perimeter landscaping and slope areas within
Roripaugh Ranch beginning with the Fiscal Year 2005-2006. Pursuant to this request, and pursuant to
Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and
filed with the Secretary of the TCSD, which contains a description of each parcel of property to be
charged for this maintenance and the proposed amount of the maintenance charge for each parcel for
Fiscal Year 2005-2006.
The Roripaugh Ranch development will have no Service Level B rate and charge against each of the
above-mentioned parcels within Roripaugh Ranch beginning Fiscal Year 2005-2006 because the
development will have its own private street lighting services and will not receive TCSD services (the
existing TCSD levy rate is $25.68 per parcel to provide revenue for residential street lighting services).
The proposed Service Level C rate and charge against each of the parcels beginning Fiscal Year 2005-
2006 is $46.00. The proposed levy rate of $46.00 per parcel provides revenue for the maintenance of
perimeter landscaping and slope areas within this subdivision. This amount was calculated by dividing
the total estimated maintenance cost upon build-out of the development $81,006.00 by the total
number of single-family residential parcels within the subdivision.
On February 8, 2005 the Board of Directors conducted a public hearing on the Report and the proposed
Service Level C rates and charges. At the public hearing, the Board of Directors heard and considered
all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the
public hearing, the Board determined that written protests against the proposed fees were presented by
less than a majority of owners of the parcels on which the proposed fees were to be imposed, and
levied the rates and charges subject to approval by the property owners subject to the proposed rates
and charges.
The Board of Directors encourages you to retum the enclosed ballot indicating whether you support or
oppose the proposed Service Level C rates and charges. Ballots may be mailed to the City
ClerklDistrict Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered
to the City ClerklDistrict Secretary at 43200 Business Park Drive, Temecula, California, 92590 no
later than 10:00 a.m. on March 29,2005.
The proposed Service Level C rates and charges will be abandoned if the ballot is not returned in favor
of the proposed rates and charges. In the event the proposed charges are abandoned, the property
owners will continue to assume responsibility for perimeter landscaping and slope maintenance
services within their property boundaries.
Enclosed is your ballot and the District's Procedures for the completion, return and tabulation of
Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact
the City Clerk/District Secretary's Office at (951) 694-6444; by mail, at P.O. Box 9033, Temecula,
California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, CaJifornia 92590, for
further information regarding this matter.
SAMPLE
CONSOLIDATED OFFICIAL BALLOT
Assessor Parcel Numbers: See Exhibit A
Total Assessment for Service Level C: $XXXX
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL C RATES AND CHARGES FOR PERIMETER
AND SLOPE LANDSCAPE MAINTENANCE
PROPERTY: D YES, I approve of the proposed
Riverside County Assessor Parcels as annual levy of $46.00 for Service
described in Exhibit A Level C against each residential lot
within each parcel identified on this
ballot.
OWNER: D NO, I do not approve of the
Developer Name proposed annual levy of $46.00 for
Service Level C against each
Developer Address residential lot within each parcel
identified on this ballot.
I hereby declare, under penalty of perjury that I am the record owner, or the authorized representative of
the record owner, of the parcels identified above.
Signature
Date
Print Name
CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED
TO THE CITY CLERKIDISTRICT SECRETARY AT THE CITY OF TEMECULA, P.O. BOX
9033/43200 BUSINESS PARK DRIVE, TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO
10:00 A,M. ON MARCH 29, 2005,
EXHIBIT A
BALLOT SAMPLE
Assessor's
Parcel
Number
Fiscal Year 2005/06
Proposed Assessment
Service Level C
Owner
Totals
ATTACHMENT 2
TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE
COMPLETION, RETURN, AND TABULATION OF BALLOTS
I. Completion of Ballots
*
Who may complete a ballot
A ballot may be completed by the owner of the parcel to be charged. As used in these
Procedures, the term "owner" includes the owner's authorized representative. If the owner of the
parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any
of the general partners, joint tenants, or tenants in common. Only one ballot may be completed
for each parcel.
*
Duplicate ballots
If a ballot is lost, destroyed or never received, the City ClerklDistrict Secretary will provide a
duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box
9033, Temecula, California, 92589-9033, or otherwise delivered to the City ClerklDistrict
Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will
be marked to show the date on which the ballot was provided and to identity it as a duplicate
ballot.
*
Marking and signing the ballot
To complete a ballot, the owner of the parcel must (1) mark the appropriate box supporting or
opposing the proposed rate and charge, and (2) sign, under penalty of perjury, the statement on
the ballot that the person completing the ballot is the owner of the parcel or the owner's
authorized representative. Only one box may be marked on each ballot. Ballots must be
completed in ink.
*
Only ballots provided by the District will be accepted
The District will only accept ballots mailed or otherwise provided to owners by the District.
Photocopies, faxes, and other forms of the ballot will not be accepted.
II. Return of Ballots
*
Who may return ballots
A ballot may be returned by the owner of the parcel or by anyone authorized by the owner to
return the ballot.
*
Where to return ballots
Ballots may be mailed to the City ClerklDistrict Secretary's Office, at P.O. Box 9033, Temecula,
California, 92589-9033, (the District has provided a return postage-paid envelope). Ballots may
also be delivered in person to the City ClerklDistrict Secretary's Office at 43200 Business Park
Drive, Temecula, California 92590. Ballots may not be returned by fax.
*
When to return ballots
All returned ballots must be received by the City Clerk/District Secretary's Office prior to
10:00 a.m. on March 29, 2005. The City ClerklDistrict Secretary will stamp on the ballot the
date of its receipt.
*
Withdrawal of ballots
After returning a ballot to the District, the person who signed the ballot may withdraw the ballot
by submitting a written request in person to the City Clerk/District Secretary at 43200 Business
Park Drive, Temecula, California 92590. Such request must be received by the City
ClerklDistrict Secretary prior to 10:00 a.m. on March 29, 2005. If any ballot has been
withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City
ClerklDistrict Secretary will retain all withdrawn ballots and will indicate on the face of such
ballots that they have been withdrawn.
III. Tabulation of Ballots
*
Which ballots will be counted
Only ballots which are completed and returned in compliance with these procedures will be
counted. Ballots received by the City ClerklDistrict Secretary after 10:00 a.m. on March 29,
2005 will not be counted. Ballots which are not signed by the owner will not be counted. Ballots
with no boxes marked, or with more than one box marked, will not be counted. Ballots
withdrawn in accordance with these procedures will not be counted.
The City Clerk/District Secretary will keep a record of each duplicate ballot provided to an
owner and will verify, prior to counting any duplicate ballot, that only one ballot has been
returned for the parcel. If a non-duplicate ballot has been returned, the District will count the
non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been
returned, the District will count the earliest provided duplicate ballot and disregard the later
provided duplicate ballots.
*
How ballots will be tabulated
Ballots may be counted by hand, by computer or by any other tabulating device.
*
Who will tabulate ballots
Ballots will be tabulated by the City ClerklDistrict Secretary.
*
When and where will the ballots be tabulated
Ballots will be opened and tabulated on Tuesday, March 29, 2005 at 10:30 a.m. in the Main
Conference Room at City Hall, 43200 Business Park Drive, Temecula, California, 92590. This
process is open to the general public.
*
Results of tabulation
The results of the tabulation will be announced following the completion of the tabulation and
entered in the minutes of the next Board of Directors meeting April 12, 2005.
IV. Resolution of Disputes
In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to
which the ballot applies, the District will make such detennination trom the last equalized
assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary.
The District will be under no duty to obtain or consider any other evidence as to ownership of
property and the District's detennination of ownership will be final and conclusive.
In the event of a dispute regarding whether the signer of a ballot is an authorized representative
of the owner of the parcel, the District may rely on the statement on the ballot, signed under
penalty of perjury, that the person completing the ballot is the owner's authorized representative
and any evidence submitted to the City Clerk/District Secretary. The District will be under no
duty to obtain or consider any other evidence as to whether the signer of the ballot is an
authorized representative of the owner and the District's detennination will be final and
conclusive.
V, General Information
For further infonnation, contact the City ClerklDistrict Secretary at (951) 694-6444; by mail, at
P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive,
Temecula, California 92590.
~
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9
ATTACHMENT 3
BUTTERFIELD STAGE RD,
ITEM 4
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN E
CITY MANAGER
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman Parker, Director of Community service~
February 8, 2005
DATE:
SUBJECT:
Mercantile Building Renovation
PREPARED BY:
Bruce A. Beers, Theater ManageP ,
David McBride, Senior Engineer
RECOMMENDATION: That the Board of Directors approve the proposed design concept and
proposed use for the Mercantile Building.
DISCUSSION: The historic Mercantile Building (1890) located on Main Street in Old Town
Temecula will serve as the entrance and lobby for the Old Town Temecula Community Theater. To
date, the Mercantile has been seismically retrofitted and the original brick has been re-pointed on
both the interior and exterior surfaces. It is proposed that certain improvements be made to:
. Create a ticket office, support offices, and storage space within the building;
. Create an intimate, Bistro-style performance space capable of seating 40 to 50 people at
cocktail rounds;
Create a gallery space to accommodate visual art exhibits, and
Keep the design compatible with the history and flavor of the period.
The ticket office will be designed to facilitate crowd control and ticket queues, with ticket windows
immediately visible upon entering the building. There will an exterior ticket window in the west
façade to allow for simultaneous but separate use of the Theater and Mercantile - Patrons could
buy tickets to an event in the Theater without entering the Mercantile, thus the Mercantile could be
used for another event. The offices would bisect the building creating an intimate performance
space in the rear and a gallery space in the front.
The performance space will have a small corner stage and minimum stage lighting that will include a
followspot to create a "bistro" mood. Beer, wine and light food, available from the adjacent
concession area, will be served at club-style cocktail rounds accommodating approximately 50
people. Entertainment will feature soloists or small groups offering jazz, classical, folk and pop
music, poetry readings and jams, open-mic nights, comedy, magic, and more.
The gallery space at the building's front will greet visitors with a visual art experience designed to
change 8 to 10 times a year. Movable pedestals and walls will compliment a hanging system
designed to avoid nailing into the brick walls, Gallery lighting will be installed to enhance the display
of art and provide for flexibility in lighting a variety of exhibitions.
The building façade will be recreated to mimic the Mercantile's former luster. A cluster of old mail
boxes will be incorporated into the design of the interior and a period reproduction clock donated to
the project by a local service organization will overlook the gallery space.
The proposed design concept and proposed use for the Mercantile Building has been reviewed by
the Sub-Committee of the City Council.
The conceptual plan for the Mercantile, if approved, will necessitate consideration of additional
architectural fees for the Theater's Architectural firm of Fischer Sehgal Yanez, Inc. (FSY) in the
amount of $33,050 for schematic and final design of the improvements. As a separate item on
the Redevelopment Agency Board's agenda, the Board will consider an Architectural contract
amendment of $33,050 for FSY to design the Mercantile Improvements and $56,550 of
budgeted funds for FSY to provide additional construction support related to the Theater Project.
The Mercantile Improvements are proposed to be constructed as an additive change order to
the contractor for the Theater.
FISCAL IMPACT: Design of the conceptual plan will cost $33,050 and these funds
are available in project budget for the Theater. The cost of the proposed improvements will
likely range between $500,000 and $700,000 and require an additional appropriation of funds to
be addressed when the exact costs are known. More specific details on the fiscal impacts are
outlined in the Architectural contract amendment item in tonight's Redevelopment Agency's
agenda.
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REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
JANUARY 25, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:42
P.M., in the City Council Chambers, 43200 Business Park Driye, and Temecula.
ROLL CALL
PRESENT: 5 AGENCY MEMBERS
ABSENT: 0 AGENCY MEMBERS:
Comerchero, Edwards, Naggar,
Washington, and Roberts
None
Also present were Executiye Director Nelson, City Attorney Thorson, and City Clerk Jones.
At this time, Chairman Roberts presented the Redevelopment Agency gavel to last year's
Chairman, Jeff Comerchero.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
Minutes
RECOMMENDATION:
1.1
Approve the minutes of January 11, 2005.
MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No.1. The
motion was seconded by Agency Member Naggar and electronic yote reflected unanimous
approval.
AGENCY BUSINESS
2
Status Update on the Temecula Education Center
RECOMMENDATION:
1.1
Receive and file.
Providing a status update on the Temecula Education Center, Director of Housing and
Redevelopment Meyer referenced the project timeline established by the project architect;
advised that the project team and City staff have been meeting on a biweekly basis; noted that
staff had met with the architect to review the progress sketches of the various buildings; that
staff was satisfied with the detailing and direction of that design; that this week, the architect will
conclude revising those plans and will resubmit to the Planning Department; that the Planning
Commission will review a Master Conditional Use Permit for this Center in of May 2005; that the
AGK Group should be positioned to close on Phase I of the property in of September 2005; that
R:\Minutes.rdaIO12505
as previously discovered, the quality of the soil at the project site is fairly poor; that the
developer is in the process of determining the best method of remediation and foundation
design; that the best alternative, for the developer, would appear to move a significant amount
of dirt onto the property and stockpile it in a manner to compress the moisture under the
buildings; that because this process is time consuming, the developer is requesting that the
Agency consider a License Agreement in order to start performing the work prior to actually
acquiring the property, saving approximately three to four months in the overall project
deyelopment schedule; and that the deyeloper has also requested that the City consider a
Development Agreement to tie the City's developer and user fees to the March 2004 approval
date; and that a monthly project update will be provided for the Agency.
For Councilman Naggar, Mr. Meyer advised that as part of the terms of the Disposition and
Development Agreement, the developer has to demonstrate project financing, which would be
anticipated to occur late summer, early fall.
In response to Councilman Washington, Mr. Meyer noted that the possibility of exploring
temporary classrooms could be considered as long as these classrooms met all other City
requirements. With regard to the condition of the property, Mr. Meyer advised that Code
Enforcement has been working with a Tow Company to remove abandoned vehicles.
With regard to the classroom schedule, Executive Director Nelson stated that all efforts are
being undertaken to provide classes for Fall 2006 or at the very latest January 2007 and,
therefore, the reason for the proposed License Agreement to further ensure the Fall 2006 date.
MOTION: Agency Member Comerchero moved to approve receive and file the status update.
The motion was seconded by Agency Member Washington and electronic vote reflected
unanimous approval.
DEPARTMENTAL REPORT
No additional comments.
EXECUTIVE DIRECTOR'S REPORT
Mr. Nelson reiterated that a status update on the Temecula Education Center will be provided at
every second Agency meeting of the month.
AGENCY MEMBERS' REPORTS
No comments.
R:\Minutes.rdaIO12505
ADJOURNMENT
At 7:52 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, February 8, 2005 in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes.rdaIO12505
ITEM 2
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
FROM:
Executive Director/Redevelopment Agency Members
)J\ Jt\ Herman Parker, Director of Community Development Services &
)V' ,John Meyer, Redevelopment Director
February 8, 2005
TO:
DATE:
SUBJECT:
Amendment No.4 to Professional Services Agreement with Fisher Sehgal
Yanez, Inc. for Architectural Services Associated with the Old Town
Temecula Community Theater, Project No. PW02-23
PREPARED BY: ~"'William Hughes, Director of Public Works/City Engineer
~reg Butler, Principal Engineer
David McBride, Senior Engineer
Bruce Beers, Theatre Manager
RECOMMENDATION:
That the City of T emecula Redevelopment Board:
1.
Approve Amendment No.4 to the Agreement with Fisher Sehgal Yanez, Inc. to provide
professional services, in a total amount not to exceed $89,600, to design the interior
improvements of the Mercantile Building ($33,050), for additional construction support and
reimbursables expenses ($56,550), and authorize the Chairperson to execute the
amendment.
BACKGROUND: On June 13, 2000, the Board approved a $75,000 Agreement with Fisher
Sehgal Yanez, Inc. (FSY) for the programming and schematic design (phase one) of the Theater.
On June 12, 2001, the Board approved Amendment No.1 to the Agreement for final design,
construction documents, bidding, construction support, and reimbursables (phase two) in the
amount of $424,000, bringing the total amount of the original Agreement and Amendrnent No.1 to
$499,000, with a contingency of $42,000 a total authorization of $541,000.
On March 23, 2004, Amendment No.2 was administratively approved thereby formally recognizing
an organizational name change by the Architect and extending the Agreement term to December
31, 2005. On October 25, 2004, Amendment No.3 was administratively approved thereby
authorizing $42,000 in expenses for additional design and estimating services ($18,917.32) and
reimbursable expenses ($23,082.68), with the total authorization remaining at $541,000. The fee for
the proposed additional services included in Amendment No.4 exceeds the Board's original
authorized contingency, and therefore any additional services must be approved by the Board.
As part of the original design for the Theater complex very modest improvements to the interior of
the Mercantile Building were incorporated into the project. Since that time, the uses of the
Mercantile Building have become more defined and a new conceptual plan has been developed.
This conceptual plan been reviewed and approved by various City Committees, Commissions, and
the Theater Foundation. The City Council will consider approval of the Mercantile Building
conceptual plan as a separate item on tonight's agenda.
20050208 RDA PW02-23 FSV ,m," 4
Fisher Sehgal Yanez, Inc. (FSY) provided a $33,050 fee for design development and final design of
the interior space in the Mercantile Building, More specifically, the design development will provide
for a schematic design and a rendering of the approved concept plan. The final design will include
full working drawings and specifications that are in sufficient detail to obtain the necessary building
permits and allow the work to be constructed as an additive change order to the existing
construction contract for the Theater.
The proposed improvements to the interior of the Mercantile include construction of 1,000 square
feet of interior structures as shown in the concept plan (i.e., ticket booth, offices, storage and a
mezzanine), re-pointing of the interior brick (Le., removal and replacement of deteriorated grout),
renovation of the existing doors, storefront and windows which as seriously deteriorated, audio and
lighting, and de-emphasizing the seismic steel columns and beams. The interior re-pointing has
been completed, for amount of $127,000, with the existing Theater projects construction
contingency and staff will be requesting that this amount be restored to the Theater's contingency.
The cost of the proposed interior improvements to the Mercantile could be as high as $700,000,
which includes the re-pointing, More definite costs will be presented to City Council when the design
is complete and a change order proposal is received by the General Contractor for the Theater.
The cost estimate for the interior improvements assumes that the improvements can be designed,
approved and permitted for construction through the Building & Safety Department and constructed
by a change order with the existing construction contractor for the Theater. In the event the added
work runs beyond the end of July, additional overhead costs may be sought by the General
Contractor and additional professional services expenses will be incurred.
Through December of 2004, $11,000 of FSY's contract amount remains and it is estimated that
$56,550 in additional funding will be needed to complete the work and to pay for additional
reimbursable expenses through the end of July of 2005. The additional construction support
administration and reimbursable expenses provides for FSY and their subconsultants (Le., design
team) time and effort as needed during construction to respond to requests for information, provide
supplemental instructions or field drawings, perform periodic site assessments, and to review and
approve shop drawings or submittals. Note that the City's construction management contract will
need to be extended, at a later date, from the end of April 2005 to the end of July 2005.
The additional construction support funds are needed because of the increase in the size, scope
and duration of the project above that originally envisioned when the contract was approved in 2001.
Also, the reimbursable expenses of the original contract did not adequately provide for reimbursable
expenses during design or construction. The fee increase in the Architectural Services contract and
can be absorbed by the current budget.
FISCAL IMPACT: The Old Town Community Theater Project, Project No. PW02-23, is funded
with Redevelopment Agency Bond Proceeds, Capital Reserves and Reimbursements in the form of
donations. The amount of the original phase one agreement was $75,000. Amendment No.1
approved $424,000 for phase two and approved a contingency amount of $42,000, for a total
authorization of $541,000. Amendment No.2, formally recognized an organizational name change
by the Architect and extended the term of the agreement to December 31 ,2005. Amendment No.3,
authorized the expenditure of $42,000 in contingency funds thereby raising the total compensation
to the total authorization amount of $541 ,000. Amendment No.4, if approved, will increase the total
amount of the agreement by $89,600 to $630,600. Adequate funds are available within project
account No. 210-190-167-5801.
The cost of the proposed interior improvements to the Mercantile Building will likely range between
$500,000 and $700,000 and will require an additional appropriation of funds. The actual cost will
not be known until a change order proposal is prepared by the General Contractor for the Theater.
At that time staff will present funding options for the additional work.
2
20050208 RDA PW02-23 FSY ameo' 4
ATTACHMENTS:
1. Amendment No.4 with Fisher Sehgal Yanez, Inc.
20050208 RDA PW02.23 FSY ,mood 4
FOURTH AMENDMENT TO AGREEMENT BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND
FISHER SEHGAL YANEZ, INC.
OLD TOWN TEMECULA COMMUNITY THEATER
PROJECT NO. PW02-23
THIS FOURTH AMENDMENT is made and entered into as of February 8, 2005, by and
between the Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency")
and FISHER SEHGAL YANEZ, INC. ("Consultant"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1.
This Amendment is made with respect to the following facts and purposes:
A. On June 13, 2000, the Agency and Consultant entered into that certain
agreement entitled "Professional Services Agreement for Design of the Old Town Community
Theater" ("Agreement") in the amount of $75,000.00 ("Agreemenf').
B. The Agreement was first amended on June 12,2001, in the amount of
$424,000.00; the Agreement as amended shall be referred to as the "Agreement."
C. The Agreernent was amended for the second time on March 23, 2004, to
formalize an organizational name change by the Consultant and to extend the term of the
Agreement December 31, 2005; the Agreement as amended shall be referred to as the
"Agreement"
D. The Agreement was amended for the third time on October 25, 2004, to
authorize the expenditure of $42,000 for additional design and estimate services and reimbursable
expenses; the Agreement as amended shall be referred to as the "Agreement."
E.
The parties now desire to amend the Agreement as set forth in this
Amendment.
2. Exhibit A to the Agreement is hereby amended to include additional professional
services design as set forth on Attachment "A-4" to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
3.
Paragraph "a" of Section 4 of the Agreement is hereby amended to read as follows:
PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set
forth in full, based upon actual time spent on the above tasks. The Fourth
Amendment is for additional professional design services for the interior of the
Mercantile Building as set forth in Attachment "A-4" for an amount not to exceed
$33,050 and to provide for extended construction support services and reimbursable
expenses in an amount not to exceed $56,550. The maximum amount of payment
under Fourth Amendment of $89,600, the Third Amendment amount of $42,000, the
First Amendment amount of $424,000 and the original Agreement amount of
$75,000 shall not exceed the total Agreement amount of $630,600 for the total term
of the Agreement unless additional payment is approved as provided in the
Agreement.
4. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
RICIPIPROJECTSIPW02\PW02-23 RDA Th"""'9'00meol,\20050126 FSV Ameod No 4,doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
BY:
Ron Roberts, RDA Chairperson
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULTANT
Fisher Sehgal Yanez, Inc.
Arturo Yanez, Principal
3235 San Fernando Road, #2C
Los Angeles, CA 90065
(323) 255-4343
BY:
Arturo Yanez, President
BY:
Vijay Sehgal, Secretary
(Two Signatures Required For Corporations)
R\CIPlPRDJECTS\PWO2\PWO2-23 RDA ThealoMgce'meo"\20050126 FSY Arneod No 4,doc
Attachment "A-4"
Additional Services
Old Town Temecula Community Theater
Tasks/Services/Expenses:
1.0
Additional Professional Services
A.
Interior Mercantile Buildina Desian: Provide design development documents and
rendering of the proposed improvements and full construction working drawings,
specifications and supporting documentation of the proposed improvements such
that they are approved for construction by the City Building Department for
building permits and approved by the Department of Public Works such that the
improvements can constructed through existing contractor for the Theater.
($33,050).
B.
Extended Construction Support: Provide the professional services, on a time and
materials basis, for responding to RFl's, providing supplemental instructions and
field drawings, review and approval of shop drawings, and attend construction
meeting. In the additional portions of this amount will be used for reimbursable
expenses. ($56,550).
Total Additional Work (Amendment 4)
$ 89,600
ITEM 9
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
February 8, 2005
SUBJECT:
AB1600 Annual Reports
PREPARED BY:
Jason Simpson, Assistant Director of Finance ~
That the City Council receive and file the report.
RECOMMENDATION:
BACKGROUND:
The California Government Code Section 66006 requires that an accounting of the developer impact
fees be made public and the information reviewed in a regularly scheduled public hearing, The
Legislature finds and declares that the timely and proper allocation of development fees promotes
economic growth and is, therefore, a matter of statewide interest and concern,
Annually the City Finance department staff compiles a report of expenditures made with developer
impact fees collected and interest accrued during the year. Staff has compiled the AB1600 Report
for this purpose and recommends acceptance and approval of the report of expenditures made with
the developer impact fees after hearing public testimony.
This report covers Fiscal Years 2003 and 2004, and including a five year history.
FISCAL IMPACT:
Monies must be used within 5 years for specified purposes or returned to developer.
ATTACHMENT: AB1600 Reports
FY 2003 - 2004
City of Temecula
Open Space
Government Code 66000 Calculation
FY 2003-04
Attachment No.1
Fees are collected for open space land acquisitions. The impact fees for open space land are based
on the cost of land needed to maintain the City's existing ratio of open space acreage to population.
Because these fees are population-driven, they apply only to residential development. The fee
is $472.12 per residential attached unit (condominium, apartment, townhouse, and duplex) and $659.00
per residential detached unit (single family), payable at the time of issuance of a certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 453,999
Interest income $ 2,857
Total Sources $ 456,856
Expenditures & Other Uses:
Capital Projects $ 21,700
Total Uses $ 21,700
Total Available $ 18,453 $ 435,156 $ 453,609
Five Year Revenue Test
Using First In First Out Method
Unsoent Funds Reo resent Endina Fund Balance June 30, 2004
Revenues Collected from FY2000/01 N/A
Revenues Collected from FY2001/02 N/A
Revenues Collected from FY2002/03 $ 18,453
Revenues Collected from FY2003/04 $ 435,156
Total Ending Fund Balance $ 453,609
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Caoitallmprovement Proiects FY 2003-04 % Complete % Funded With Fee
280-199-807 First Street Bridge $ 21,700
Total $ 21,700
City of Temecula
Public Facilities & Road Benefit
Government Code 66000 Calculation
FY 2003-04
Attachment No.2
Fee is collected to provide street system, park and recreation, corporate, fire protection, and library
facilities in an amount sufficient to meet the estimated demand created by residential and non-residential
developments constructed in the City through build out. The fee varied depending on development type and
was collected for each building payable upon the issuance of the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 10,000
Interest income $ 18,492
Total Sources $ 28,492
Expenditures & Other Uses:
Capital Projects $ 756,050
Total Uses $ 756,050
Total Available $ 1,361,425 $ (727,558) $ 633,867
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance June 30, 2004
Previous Years Revenues $ 373,400
Revenues Collected from FY2000101 $ 134,601
Revenues Collected from FY2001/02 $ 62,436
Revenues Collected from FY2002/03 $ 34,938
Revenues Collected from FY2003/04 $ 28,492
Total Ending Fund Balance $ 633,867
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in the
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is expected to be completed within the next 18 months.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2003-04 % Complete % Funded With Fee
210-165-608 Winchester Road Widening $ 144,000 83% 76,19%
210-165-726 French Valley 115 Overcrossing $ 477,050 80% 100.00%
210-190-142 Murrieta Creek Multi Purpose $ 135,000 50% 61.90%
Total $ 756,050
City of Temecula
Public Services
Government Code 66000 Calculation
FY 2003-04
Attachment No, 3
Fee is collected to provide future space for police facilities and equipment. The fee is $350.25 per
residential attached unit (condominium, apartment, townhouse, and duplex), $197.97 per detached unit
(single family), and $.05-$.20 per square foot of floor area for commercial developments. Fees is payable
upon the issuance of the certificate of occupancy for residential developments and payable at the time the
building permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Interest income $ 2,964
Total Sources $ 2,964
Expenditures & Other Uses:
Total Uses
Total Available $ 192,318 $ 2,964 $ 195,282
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent EndinQ Fund Balance June 30, 2004
Previous Years Revenues $ 172,136
Revenues Collected from FY2000/01 $ 10,028
Revenues Collected from FY2001/02 $ 5,332
Revenues Collected from FY2002103 $ 4,822
Revenues Collected from FY2003/04 $ 2,964
Total Ending Fund Balance $ 195,282
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in the
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is expected to be completed within the next 18 months.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2003-04 % Complete % Funded With Fee
Total $ -
City of Temecula
Fire Protection
Government Code 66000 Calculation
FY 2003-04
Attachment No.4
Fee is collected to provide fire protection facilities in an amount sufficient to meet the estimated demand
created by residential and non-residential development constructed in the City through build out. The fee
varied depending on development type and was collected for each building payable upon the issuance of
the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Interest income $ 4,372
Total Sources $ 4,372
Expenditures & Other Uses:
Total Uses
Total Available $ 283,789 $ 4,372 $ 288,161
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endina Fund Balance June 30, 2004
Previous Years Revenues $ 243,349
Revenues Collected from FY2000/01 $ 21,496
Revenues Collected from FY2001/02 $ 11,838
Revenues Collected from FY2002/03 $ 7,106
Revenues Collected from FY2003/04 $ 4,372
Total Ending Fund Balance $ 288,161
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in the
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is expected to be completed within the next 18 months.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2003-04 % Comolete % Funded With Fee
Total $ -
City of Temecula
Street Improvements
Government Code 66000 Calculation
FY 2003-04
Attachment No.5
Fee is coliected based on the total cost of such improvements and number of peak hour vehicle trips
generated by future development. The fee is $958.92 per residential attached unit (condominium,
apartment, townhouse, and duplex), $1,369.89 per residential detached unit (single family),
and $1.88-5.24 per square foot of floor area for commercial development. Fee is payable upon the
issuance of the certificate of occupancy for residential developments and payable at the time the building
permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 2,256,773
Interest income $ 28,890
Total Sources $ 2,285,663
Expenditures & Other Uses:
Capital Projects $ 1,283,900
Total Uses $ 1,283,900
Total Available $ 1,110,903 $ 1,001,763 $ 2,112,666
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2004
Revenues Coliected from FY2000101 $
Revenues Coliected from FY2001/02 $
Revenues Coliected from FY2002/03 $
Revenues Collected from FY2003/04 $ 2,112,666
Total Ending Fund Balance $ 2,112.666
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2003-04 % Comolete % Funded With Fee
210-165-608 Winchester Road Widening 100,000 83% 52.91%
210-165-611 Rancho Ca Road Widening 52,300 100% 46.86%
210-165-632 Diaz Road Realignment 120,000 80% 43.56%
210-165-710 Rancho Ca Bridge Widening 111,600 100% 100.00%
210-165-719 French Valley Interim sIb Offramp 900,000 74.03%
Total 1,283,900
City of Temecula
Traffic Signals and Traffic Control Systems
Government Code 66000 Calculation
FY 2003-04
Attachment No.6
Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips
generated by future development. The fee is $135.74 per residential attached unit (condominium,
apartment, townhouse, and duplex), $193.91 per residential detached unit (single family),
and $.27-$.74 per square foot of floor area for commercial development. Fee is payable upon the
issuance of the certificate of occupancy for residential developments and payable at the time the building
permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 357,958
Interest income $ 4,144
Total Sources $ 362,102
Expenditures & Other Uses:
Capital Projects $ 124,000
Total Uses $ 124,000
Total Available $ 141,455 $ 238,102 $ 379,557
Five Year Revenue Test
Using First In First Out Method
Unsoent Funds Represent Ending Fund Balance June 30, 2004
Revenues Collected from FY2000/01 $ -
Revenues Collected from FY2001/02 $ -
Revenues Collected from FY2002103 $
Revenues Collected from FY2003/04 $ 379,557
Total Ending Fund Balance $ 379,557
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2003-04 % Complete % Funded With Fee
210-165-626 Diaz @ Rancho Way $ 99,000 90% 26.05%
210-165-744Meadows @ La Serena $ 15,000 3.95%
210-165-745 Meadows @ Rancho Vista $ 10,000 2.63%
Total $ 124,000
City of Temecula
Park & Recreation Improvements
Government Code 66000 Calculation
FY 2003-04
Attachment No.7
Fee is collected for park improvements based on the cost of improvements needed to maintain the City's
existing ratio of improved park acreage to population. The fee for recreation facilities is based on the
existing ratio of facility replacement cost to population. Because these fees are population-driven, they
apply only to residential developments. The fee is $1,619.77 per residential attached unit (condominium,
apartment, townhouse, and duplex) and $2,260.92 per residential detached unit (single family). Fee is
payable upon the issuance of the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 936,256
Interest income $ 73,076
Total Sources $ 1,009,332
Expenditures & Other Uses:
Capital Projects $ 100,000
Total Uses $ 100,000
Total Available $ 3,804,844 $ 909,332 $ 4,714,176
Five Year Revenue Test
Using First In First Out Method
UnsDent Funds Represent EndinQ Fund Balance June 30, 2004
Revenues Collected from FY2000101 $ 1,473,410
Revenues Collected from FY2001/02 $ 734,287
Revenues Collected from FY2002103 $ 1,497,147
Revenues Collected from FY2003/04 $ 1,009,332
Total Ending Fund Balance $ 4,714,176
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
CaDitallmprovement Proiects FY 2003-04 % Complete % Funded With Fee
210-190-160 Vail Ranch Park Site $ 10,000 40.00%
210-190-187 Rancho Ca Sports Park Channel $ 90,000 100.00%
Total $ 100,000
City of Temecula
Corporate Facilities
Government Code 66000 Calculation
FY 2003-04
Attachment No.8
Fee is collected for City administrative and maintenance facilities. The need for future City Hall space is
due to the demand for services housed in City Hall. The need for maintenance facilities is due to increase
in street and park maintenance. The fee is $199.28 per residential attached unit (condominium, apartment
townhouse, and duplex), $371.66 per residential detached unit (single family), and $.13-$.36 per square
foot of floor area for commercial developments. Fee is payable upon the issuance of the certificate of
occupancy for residential developments and payable at the time the building permits is issued for
commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 464,718
Interest income $ 15,888
Total Sources $ 480,606
Expenditures & Other Uses:
Capital Projects $ 303,234
Total Uses $ 303,234
Total Available $ 894,442 $ 177,372 $ 1,071,814
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinc:¡ Fund Balance June 30, 2004
Revenues Collected from FY2000101 $
Revenues Collected from FY2001/02 $ 338,105
Revenues Collected from FY2002/03 $ 253,103
Revenues Collected from FY2003/04 $ 480,606
Total Ending Fund Balance $ 1,071,814
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2003-04 % Complete % Funded With Fee
210-165-742 Maintenance Facility Expansion $ 303,234 144.40%
Total $ 303,234
I
City of Temecula
Fire Protection Facilities
Government Code 66000 Calculation
FY 2003-04
Attachment No.9
Fee is collected to provide future fire protection facilities and apparatus. The fee is $218.18 per
residential attached unit (condominium, apartment, townhouse, and duplex), $470.17 per residential
detached unit (single family), and $.09-$.13 per square foot of floor area for commercial developments,
payable upon the issuance of the certificate of occupancy for residential developments and payable at the
time the building permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Descriotion Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 388,104
Interest income $ 10,550
Total Sources $ 398,654
Expenditures & Other Uses:
Total Uses $ -
Total Available $ 528,274 $ 398,654 $ 926,928
Five Year Revenue Test
Using First In First Out Method
Unsoent Funds Reoresent Endino Fund Balance June 30, 2004
Previous Years Revenues $ 6,655
Revenues Collected from FY2000/01 $ 108,759
Revenues Collected from FY2001/02 $ 182,748
Revenues Collected from FY2002/03 $ 230,112
Revenues Collected from FY2003/04 $ 398,654
Total Ending Fund Balance $ 926,928
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in the
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is exoected to be comoleted within the next 18 months.
Capital Improvement Facilities Expenditures
Caoita! Imorovement Projects FY 2003-04 % Comolete % Funded With Fee
Total $ - I
City of Temecula
Library
Government Code 66000 Calculation
FY 2003-04
Attachment No. 10
Fee is collected to provide future library facilities and materials. Because these fees are population-driven,
they apply only to residential developments. The fee is $431.42 per residential attached unit (condominium,
apartment, townhouse, and duplex), $602.19 per residential detached unit (single family). Fee is payable
upon the issuance of the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 548,668
Interest income $ 20,454
Total Sources $ 569,122
Expenditures & Other Uses:
Capital Projects $ 50,000
Total Uses $ 50,000
Total Available $ 1,086,671 $ 519,122 $ 1,605,793
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endina Fund Balance June 30, 2004
Previous Years Revenues $ 280,112
Revenues Collected from FY2000101 $ 371,722
Revenues Collected from FY2001/02 $ 182,748
Revenues Collected from FY2002103 $ 202,089
Revenues Collected from FY2003/04 $ 569,122
Total Ending Fund Balance $ 1,605,793
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that the funds are committed to construct a new $15.9 million, 34,000
square foot public library. The project has been started with completion within 36 months.
months. In addition, the City has received $11 million in nrants, donations, and contributions.
Capital Improvement Facilities Expenditures
Capitallmorovement Projects FY 2003-04 % Complete % Funded With Fee
280-199-129 Library $ 50,000 33.00% 13.50%
Total $ 50,000
City of Temecula
Public Art (effective 7/1/03 - new fee)
Government Code 66000 Calculation
FY 2003-04
Attachment No. 11
Fees are collected to enhance the quality of life for city residents, workers and visitors by providing for
the acquisition, placement and maintenance of public artwork. The fee is $50.00 per residential unit,
payable upon the issuance of each building permit.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account DescriDtion Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 23,250
Interest income $ 127
Contributions from property owners
Transfers in
Total Sources $ 23,377
Expenditures & Other Uses:
Capital Projects
Transfers out
Total Uses $ -
Total Available $ - $ 23,377 $ 23,377
Five Year Revenue Test
Using First In First Out Method
Unspent Funds ReD resent Endina Fund Balance June 30, 2004
Revenues Collected from FY2000/01 N/A
Revenues Collected from FY2001/02 N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 $ 23,377
Total Ending Fund Balance $ 23,377
Result: Five year spent test met in accordance with Government Code 66001 .
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2003-04 % ComDlete Yo Funded With Fee
Total $ -
City of Temecula
Police Facilities (effective 7/1/03 - new fee)
Government Code 66000 Calculation
FY 2003-04
Attachment No. 12
Fee is collected to provide future space for police facilities and equipment. The fee is $350.25 per
residential attached unit (condominium, apartment, townhouse, and duplex), $197.97 per detached unit
(single family), and $.05-$,20 per square foot of floor area for commercial developments, Fees is payable
upon the issuance of the certificate of occupancy for residential developments and payable at the time the
building permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2003-04 Fund Balance
Revenues & Other Sources:
Developer fees $ 120,960
Interest income $ 737
Contributions from property owners
Transfers in
Total Sources $ 121,697
Expenditures & Other Uses:
Capital Projects
Transfers out
Total Uses $ -
Total Available $ - $ 121,697 $ 121,697
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent EndinQ Fund Balance June 30, 2004
Revenues Collected from FY2000/01 N/A
Revenues Collected from FY2001/02 N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 $ 121,697
Total Ending Fund Balance $ 121,697
Result: Five year spent test met in accordance with Government Code 66001,
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2003-04 % Complete Yo Funded With Fee
Total $ -
FY 2002 - 2003
City of Temecula
Open Space
Government Code 66000 Calculation
FY 2002-03
Attachment No.1
Fees are collected for open space land acquisitions. The impact fees for open space land are based
on the cost of land needed to maintain the City's existing ratio of open space acreage to population.
Because these fees are population-driven, they apply only to residential development. The fee
is $472.12 per residential attached unit (condominium, apartment, townhouse, and duplex) and $659.00
per residential detached unit (single family), payable at the time of issuance of a certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 18,400
Interest income $ 51
Contributions from property owners
Transfers in
Total Sources $ 18,451
Expenditures & Other Uses:
Capital Projects
Transfers out
Total Uses
Total Available $ 18,451 $ 18,451
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endina Fund Balance June 30, 2003
Revenues Collected from FY1999/2000 N/A
Revenues Collected from FY2000/01 N/A
Revenues Collected from FY2001/02 N/A
Revenues Collected from FY2002103 $ 18,451
Total Ending Fund Balance $ 18,451
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2002-03 % Comolete % Funded With Fee
Total
City of Temecula
Public Facilities & Road Benefit
Government Code 66000 Calculation
FY 2002-03
Attachment No.2
Fee is collected to provide street system, park and recreation, corporate, fire protection, and library
facilities in an amount sufficient to meet the estimated demand created by residential and non-residential
developments constructed in the City through build out. The fee varied depending on development type and
was collected for each building payable upon the issuance of the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 1,615
Interest income $ 33,323
Total Sources $ 34,938
Expenditures & Other Uses:
Capital Projects $ 100,000
Total Uses $ 100,000
¡Total AvallaÞle :¡¡ 1,426,050 :¡¡ (65,062 :¡¡ 1,360,988
Five Year Revenue Test
Using First In First Out Method
Fund Balance
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in th
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is ex ected to be com leted within the next 30 months.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2002-03 % Complete % Funded With Fee
210-165-608 Winchester Road Widening $ 100,000 33% 37.04%
¡Total :¡¡ 100,000
City of Temecula
Public Services
Government Code 66000 Calculation
FY 2002-03
Attachment No.3
Fee is collected to provide future space for police facilities and equipment. The fee is $350.25 per
residential attached unit (condominium, apartment, townhouse, and duplex), $197.97 per detached unit
(single family), and $.05-$,20 per square foot of floor area for commercial developments. Fees is payable
upon the issuance of the certificate of occupancy for residential developments and payable at the time the
building permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account DescriDtion Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Interest income $ 4,822
Total Sources $ 4,822
Expenditures & Other Uses:
Total Uses
Total Available $ 187,433 $ 4,822 $ 192,255
Five Year Revenue Test
Using First In First Out Method
Unsoont Funds ReDresent Endina Fund Balance June 30, 2003
Previous Years Revenues $ 161,677
Revenues Collected from FY1999/2000 $ 10,396
Revenues Collected from FY2000/01 $ 10,028
Revenues Collected from FY2001/02 $ 5,332
Revenues Collected from FY2002/03 $ 4,822
Total Ending Fund Balance $ 192,255
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in the
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is exDected to be comoleted within the next 30 months.
Capital Improvement Facilities Expenditures
Caoitallmprovement Proiects FY 2002-03 % Comnlete % Funded With Fee
Total
I
City of Temecula
Fire Protection
Government Code 66000 Calculation
FY 2002-03
Attachment No.4
Fee is collected to provide fire protection facilities in an amount sufficient to meet the estimated demand
created by residential and non-residential development constructed in the City through build out. The fee
varied depending on development type and was collected for each building payable upon the issuance of
the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Interest income $ 7,106
Total Sources $ 7,106
Expenditures & Other Uses:
Total Uses
Total Available $ 276,590 $ 7,106 $ 283,696
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endina Fund Balance June 30, 2003
Previous Years Revenues $ 221,830
Revenues Collected from FY1999/2000 $ 21,426
Revenues Collected from FY2000/01 $ 21,496
Revenues Collected from FY2001/02 $ 11,838
Revenues Collected from FY2002103 $ 7,106
Total Ending Fund Balance $ 283,696
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in the
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is expected to be completed within the next 30 months.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2002-03 % Complete % Funded With Fee
Total
City of Temecula
Street Improvements
Government Code 66000 Calculation
FY 2002-03
Attachment No.5
Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips
generated by future development. The fee is $958.92 per residential attached unit (condominium,
apartment, townhouse, and duplex), $1,369.89 per residential detached unit (single family),
and $1.88-5.24 per square foot of floor area for commercial development. Fee is payable upon the
issuance of the certificate of occupancy for residential developments and payable at the time the building
permit is issued for commercial developments.
The fee is based upon the attached formuia and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 864,502
Interest income $ 20,803
Contributions from property owners
Transfers in
Total Sources $ 885,305
Expenditures & Other Uses:
Capital Projects $ 503,162
Transfers out
Total Uses $ 503,162
Total Available $ 728,487 $ 382,143 $ 1,110,630
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinc:¡ Fund Balance June 30, 2003
Revenues Collected from FY1 999/2000 $ -
Revenues Coliected from FY2000/01 $ -
Revenues Collected from FY2001/02 $ 225,325
Revenues Collected from FY2002/03 $ 885,305
Total Ending Fund Balance $ 1,110,630
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2002-03 % Compiete % Funded With Fee
210-165-622 Medians Instaii Citywide 20,000 Ongoing 10.53%
210-165-668 Pechanga Parkway 447,153 15% 35.54%
210-165-710 Rancho California Bridge Widening 36,009 75% 8.14%
over Murrieta Creek
Total 503,162
City of Temecula
Traffic Signals and Traffic Control Systems
Government Code 66000 Calculation
FY 2002-03
Attachment No.6
Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips
generated by future development. The fee is $135.74 per residential attached unit (condominium,
apartment, townhouse, and duplex), $193.91 per residential detached unit (single family),
and $.27-$.74 per square foot of floor area for commercial development. Fee is payable upon the
issuance of the certificate of occupancy for residential developments and payable at the time the building
permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 193,141
Interest income $ 7,949
Contributions from property owners
Transfers in
Total Sources $ 201,090
Expenditures & Other Uses:
Capital Projects $ 351,803
Transfers out
Total Uses $ 351,803
Total Available $ 292,064 $ (150,713) $ 141,351
Five Year Revenue Test
Using First In First Out Method
UnsDent Funds ReDresent Endina Fund Balance June 30, 2003
Revenues Collected from FY1999/2000 $ -
Revenues Collected from FY2000101 $ -
Revenues Collected from FY2001/02 $ -
Revenues Collected from FY2002/03 $ 141,351
Total Ending Fund Balance $ 141,351
Result: Five vear soent test met in accordance with Government Code 66001 .
Capital Improvement Facilities Expenditures
CaoitallmDrovernent Proiects FY 2002-03 % Comolete % Funded With Fee
210-165-607 Intersection Traffic Monitoring $ 351,803 90% 75.71%
Total $ 351,803
City of Temecula
Park & Recreation Improvements
Government Code 66000 Calculation
FY 2002-03
Attachment No.7
Fee is collected for park improvements based on the cost of improvements needed to maintain the City's
existing ratio of improved park acreage to population. The fee for recreation facilities is based on the
existing ratio of facility replacement cost to population. Because these fees are population-driven, they
apply only to residential developments. The fee is $1,619.77 per residential attached unit (condominium,
apartment, townhouse, and duplex) and $2,260.92 per residential detached unit (single family). Fee is
payable upon the issuance of the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 1,425,460
Interest income $ 71,687
Contributions from property owners
Transfers in
Total Sources $1,497,147
Expenditures & Other Uses:
Capital Projects $ 10,000
Transfers out
Total Uses $ 10,000
Total Available $ 2,706,220 $1,487,147 $ 4,193,367
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endina Fund Balance June 30, 2003
Revenues Collected from FY1999/2000 $ 473,642
Revenues Collected from FY2000101 $ 1,488,291
Revenues Collected from FY2001/02 $ 734,287
Revenues Collected from FY2002/03 $ 1,497,147
Total Ending Fund Balance $ 4,193,367
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2002-03 % Complete % Funded With Fee
210-190-180 Rancho Sports Pari< ADA Access and Shade $ 10,000 50% 12.31%
Structure
Total $ 10,000
City of Temecula
Corporate Facilities
Government Code 66000 Calculation
FY 2002-03
Attachment No.8
Fee is collected for City administrative and maintenance facilities. The need for future City Hall space is
due to the demand for services housed in City Hall. The need for maintenance facilities is due to increase
in street and park maintenance. The fee is $199.28 per residential attached unit (condominium, apartment
townhouse, and duplex), $371.66 per residential detached unit (single family), and $.13-$.36 per square
foot of floor area for commercial developments. Fee is payable upon the issuance of the certificate of
occupancy for residential developments and payable at the time the building permits is issued for
commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 227,535
Interest income $ 30,000
Contributions from property owners
Transfers in
Total Sources $ 257,535
Expenditures & Other Uses:
Capital Projects $ 504,000
Transfers out
Total Uses $ 504,000
Total Available $ 1,143,514 $ (246,465) $ 897,049
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endino Fund Balance June 30, 2003
Revenues Collected from FY1999/2000 $
Revenues Collected from FY2000/01 $ 386,411
Revenues Collected from FY2001/02 $ 253,103
Revenues Collected from FY2002/03 $ 257,535
Total Ending Fund Balance $ 897,049
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2002-03 % Complete % Funded With Fee
210-165-742 Maintenance Faciiity Expansion $ 504,000 5% 24.63%
Total $ 504,000
City of T emecula
Fire Protection Facilities
Government Code 66000 Calculation
FY 2002-03
Attachment No.9
Fee is collected to provide future fire protection facilities and apparatus. The fee is $218.18 per
residential attached unit (condominium, apartment, townhouse, and duplex), $470.17 per residential
detached unit (single family), and $.09-$.13 per square foot of floor area for commercial developments,
payable upon the issuance of the certificate of occupancy for residential developments and payable at the
time the building permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 219,670
Interest income $ 10,442
Total Sources $ 230,112
Expenditures & Other Uses:
Capital Projects $ 100,000
Total Uses $ 100,000
Total Available $ 398,025 $ 130,112 $ 528,137
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2003
Previous Years Revenues $ 24,726
Revenues Collected from FY1999/2000 $ 84,589
Revenues Collected from FY2000/01 $ 108,759
Revenues Collected from FY2001/02 $ 79,951
Revenues Collected from FY2002/03 $ 230,112
Total Ending Fund Balance $ 528,137
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that funds are committed to construct a new fire station facility in the
Wolf Creek development. These funds supplement CFD proceeds and additional
funds received under developer agreements. The project has begun construction
and is expected to be completed within the next 30 months.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2002-03 % Complete % Funded With Fee
210-165-733 Fire Station Wolf Creek $ 100,000 33% 6.59%
Total $ 100,000
City of Temecula
Library
Government Code 66000 Calculation
FY 2002-03
Attachment No. 10
Fee is collected to provide future library facilities and materials. Because these fees are population-driven,
they apply only to residential developments. The fee is $431.42 per residential attached unit (condominium,
apartment, townhouse, and duplex), $659.00 per residential detached unit (single family). Fee is payable
upon the issuance of the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Descrintion Fund Balance FY 2002-03 Fund Balance
Revenues & Other Sources:
Developer fees $ 178,896
Interest income $ 23,193
Total Sources $ 202,089
Expenditures & Other Uses:
Total Uses
Total Available $ 884,278 $ 202,089 $ 1,086,367
Five Year Revenue Test
Using First In First Out Method
Unsnent Funds Renresent Endinn Fund Balance June 30, 2003
Previous Years Revenues $ 70,723
Revenues Collected from FY1999/2000 $ 259,085
Revenues Collected from FY2000/01 $ 371,722
Revenues Collected from FY2001/02 $ 182,748
Revenues Collected from FY2002/03 $ 202,089
Total Ending Fund Balance $ 1,086,367
Result: Five year spent test met in accordance with Government Code 66001.
The City finds that the funds are committed to construct a new $15.9 million, 34,000
square foot public library. The project has been started with completion within 36 months.
months. In addition, the CitY has received $11 million in arants, donations, and contributions.
Capital Improvement Facilities Expenditures
Canitallmnrovement Proiects FY 2002-03 % Comolete % Funded With Fee
Total
ITEM 10
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINA~ ~/f<
CITY MANAGER '
y
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/CiW~
Debbie Ubnoske, Director of Planning
TO:
DATE:
February 8, 2005
SUBJECT:
Resolution Establishing User Fee to offset Cost of Telecommunication Consulting
Services
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION: That the City Council Adopt a Resolution entitled:
RESOLUTION NO, 05--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
IMPOSING A PLANNING APPLICATION USER FEE TO OFFSET THE COST OF
TELECOMMUNICATION FACILITY APPLICATION REVIEW BY THE CITY'S
DESIGNATED TELECOMMUNICATION CONSULTANT, IN THE AMOUNT OF
$2,000.00 PER REVIEW OF A PROPOSED TELECOMMUNICATION FACILITY
APPLICATION SUBJECT TO THE CITY'S DEVELOPMENT PLAN APPROVAL
PROCESS.
BACKGROUND: City Council will need to establish a fee schedule to offset the consultant
cost to review plans submitted with Development Plan applications. The consultant fee stipulated in
the contract is $2,000.00 per review of new telecommunication facility applications being proposed.
In order to recover the costs charged by the consultant, staff has prepared a Resolution establishing
a user fee in the amount of $2,000.00 per review of new telecommunication facility applications, to
be collected from applicants at the time of filing of a Development Plan application. Staff conducted
a formal request for proposals and based on the review of responses received, believes the fee of
$2,000.00 per review of each telecommunication application is fair and reasonable. In accordance
with State law, the effective date of the fee will be April 8, 2005.
FISCAL IMPACT: All consultant fees will be paid by applicants and deposited into the
General Fund. Payments to the consultant will be paid from the Planning Department budget
Account No. 001-161-999-5250 (Other Outside Services).
ATTACHMENT:
Resolution No. 05 - -, Establishing a Planning Application User Fee.
R,\ WESTDltelecommunicatinn\CC report. fee,doc
RESOLUTION NO. OS--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AND IMPOSING A PLANNING
APPLICATION USER FEE TO OFFSET THE COST OF
TELECOMMUNICATION APPLICATION REVIEW BY THE
CITY'S DESIGNATED TELECOMMUNICATION CONSULTANT,
IN THE AMOUNT OF $2,000.00 PER PROPOSED
TELECOMMUNICATION FACILITY SUBJECT TO THE CITY'S
DEVELOPMENT PLAN APPROVAL PROCESS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council finds that it is necessary to contract with an
telecommunication consultant in order to ensure that new development is consistent with the
Telecommunication Ordinance, the General Plan, Community Design Element and Citywide
Design Guidelines.
Section 2. On February 8, 2005, the City Council approyed a consultant contract and
scope of services with Kramer.Firm, Inc. for telecommunication application review services of
new development plan applications. As approved, the consultant contract stipulates that the
cost of Kramer.Firm, Inc. to perform the required tasks is $2,000.00 per telecommunication
applications submitted for review, and the City Council does not wish for this fee to be
subsidized by the City, but offset by filing fees of Development Plan applications.
Section 3. The State of California Government Code Section 66014 et.al. allows
local agencies to charge fees to recover costs associated with processing development
applications, and that the City Council finds that the stipulated fee is fair and reasonable, based
on an evaluation of formal proposals reviewed from qualified consultants during the formal
Request For Qualification (RFQ) process.
Section 4. Exhibit A is the fee schedule excerpt from the approved consultant
contract and will be the basis for a new established user fee to become effective April 8, 2005.
PASSED, APPROVED AND ADOPTED this 8th day of February, 2005
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
R:IWESTDltelecommunicationlCC Reso-fee.POC
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA)
)
) ss
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution
No. 05-- was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting held on the 8th day of February, 2005, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
R:\WESTDltelecammunicatian\CC Resa-fee.DOC
EXHIBIT A
CONTRACT FEE SCHEDULE EXCERPT, USER FEE TO BE ESTABLISHED
R:\WESTD\teiecammunicatian\CC Resa-fee.DOC
EXHIBIT A
PAYMENT RATES AND SCHEDULE
1.
Consultant agrees to perform services stipulated by this contract based on the amount
of $2,000.00 for review of each telecommunication application forwarded for analysis.
2. Planning Commission or Director Hearings attended by the Consultant shall be at no
~ additional cost as stipulated by this contract.
3.
All incidental costs to Consultant associated with performing the stipulated tasks of this
contract (i.e. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be
assumed to be built-in to the approved payment rate, unless alternative arrangements
are pre-authorized by the City.
R:\WESTD\telecommunication\CC Reso-lee.DOC
4
ITEM 11
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/Citfì~1
Debbie UbnoskJ\6lrector of Planning
DATE:
SUBJECT:
February 8, 2005
Park Place Office Building, PA04-0472 Development Plan
PREPARED BY:
Cheryl Kitzerow, Associate Planner
RECOMMENDATION:
The Planning Commission recommends that the City Council:
1.
Adopt a resolution entitled:
RESOLUTION NO. OS--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0472, A DEVELOPMENT PLAN TO CONSTRUCT A
20,416 SQUARE FOOT, TWO-STORY OFFICE BUILDING ON A
1.21 ACRE SITE IN THE LIGHT INDUSTRIAL ZONE, LOCATED
ON THE SOUTHWEST CORNER OF WINCHESTER ROAD AND
DIAZ ROAD, KNOWN AS APN 909-310-001-1
BACKGROUND/ANALYSIS: Planning Application No. PA04-0472 is a Development Plan to
design and construct a 20,416 square foot office building on 1.21 acres, located at the
southwest corner of Winchester Road and Diaz Road, the entry to the Wests ide Business
Centre.
The proposed building is an office building less than 50,000 square feet and, therefore, the
project requires review by the City Council per Section 17.08.030 of the Development Code.
Development Plan
The project conforms to the development regulations of the Light Industrial (LI) zoning district.
The building setbacks exceed the minimum requirements of the Development Code and the
0.395 Floor Area Ratio is below the target ratio of 0.40 for this zoning district. The proposed 20
percent lot coverage is also below the maximum permitted lot coverage of 40 percent. The
proposed site plan provides adequate circulation for vehicles anticipated to utilize the site, as
well as for emergency vehicles. Access to the proposed building will be provided from a 24-foot
wide drive aisle off Winchester Road, approximately 150 feet west of the intersection of
Winchester and Diaz Roads.
R:\D P\2004\O4-0472 Park Place Office Bidg\CC Staff Report-1.doc
1
The landscape plan conforms to the landscape requirements of the Development Code and
Design Guidelines. Tree and shrub placement will serve to effectively screen onsite parking
areas and soften building elevations. The project proposes to landscape 16,287 square feet or
31 percent of the site, which exceeds the minimum landscaping requirements in the LI (Light
Industrial) zone.
The proposed building is consistent with the Development Code and Design Guidelines. The
proposed building will be constructed of concrete tilt-up panels, with the exterior architecture
enhanced with the use of travertine, horizontal and vertical reveals and glass accents. The
building design includes glass corner treatments with metal canopy overhangs along
Winchester Road to simulate a building entry, however the rnain building entrance is located
along the south elevation internal to the site. The building includes various breaks in the wall
planes and parapet design and height variations, which, in conjunction with landscaping, breaks
up building mass from street view.
The proposed project, as conditioned, is consistent with the City's General Plan, Development
Code, and all applicable ordinances, standards, guidelines, and policies.
Environmental Review
In accordance with the California Environmental Quality Act, the proposed Project has been
deerned to be categorically exempt from further environmental reyiew per Section 15332, In-Fill
Development Projects.
Plannina Commission Action
This project was presented to the Planning Commission on Decernber 15, 2004. The Planning
Commission reviewed the staff report of record and held a public hearing. Discussion ensued
regarding the proximity of the building to the street and the impact to the business park entry.
Staff and the applicant clarified that fixed access points to the site determined building
placement and that architectural and landscape enhancements provided for an enhanced entry
to the Westside Business Centre. The Planning Commission voted 3-0 recommending the City
Council approve the project. Commissioners Guerriero and Mathewson were absent.
FISCAL IMPACT: None. All costs associated with the proposed development will be paid by the
developer.
ATTACHMENTS:
1.
Resolution No. 05-- Development Plan
Exhibit A - Conditions of Approval
2.
Planning Commission Staff Report (December 15, 2004)
3.
Excerpt from Draft Planning Commission Minutes (December 15, 2004)
R:ID P\2004104-0472 Park Piace Office BidglCC Staff Report-1.doc
2
ATTACHMENT NO.1
CITY COUNCIL RESOLUTION NO OS--
DEVELOPMENT PLAN
R:ID PI2004104-0472 Park Piace Office BidglCC Staff Report-1.doc
3
RESOLUTION NO. OS--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0472, A DEVELOPMENT PLAN TO CONSTRUCT A
20,416 SQUARE FOOT, TWO-STORY OFFICE BUILDING
ON A 1.21 ACRE SITE IN THE LIGHT INDUSTRIAL ZONE,
LOCATED ON THE SOUTHWEST CORNER OF
WINCHESTER ROAD AND DIAZ ROAD, KNOWN AS
APN: 909-310-001-1
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Ternecula does hereby find, determine and
A. McArdle & Associates Architects, filed Planning Application No. PA04-0472,
Development Plan for the property consisting of approximately 1.21 acres generally located at
the southwest corner of Winchester Road and Diaz Road known as Assessors Parcel No(s).
909-310-001-1 ("Project").
B. The application for the Project was processed and an environmental review was
conducted as required by law, including the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held a duly noticed public
hearing on December 15, 2004 to consider the applications for the Project and environmental
review, at which time the City staff and interested persons had an opportunity to, and did, testify
either in support or opposition to this matter;
D. Following consideration of the entire record of inforrnation received at the public
hearing and due consideration of the proposed Project, the Planning Comrnission adopted
Resolution No. 2004-067 recommending approval of a Development Plan;
E. On February 8, 2005 the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
F. On February 8, 2005, the City Council of the City of Temecula approved a
Development Plan for the Project when it approved Resolution No. 05-
Section 2.
findings:
A. The Project, including the Development Plan, is compatible with the health,
safety and welfare of the community. The Project, including the Development Plan, has been
reviewed and determined to be in conformance with the City's General Plan. These documents
set policies and standards that protect the health, safety and welfare of the community. Access
and circulation are adequate for emergency vehicles.
The City Council of the City of Temecula hereby makes the following
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B.
The Project, including the Development Plan, is compatible with surrounding land
uses.
C. The Project, including the Development Plan, will not have an adverse effect on
the community because it remains consistent with the goals and policies of the adopted General
Plan. The Project does not represent a significant change to the planned land uses for the site
and represents a relocation of existing land uses.
Section 3. The City Council hereby makes the following findings as required in
Section 17.05.010 of the Temecula Municipal Code:
A. The proposed use is in conformance with the General Plan for the City of
Temecula, the Development Code and with all applicable requirements of state law and other
ordinances of the City of Temecula because the project has been reviewed and it has been
determined that the project is consistent with all applicable zoning ordinances, state law and the
General Plan.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare, because the project has been designed to minimize any
adverse impacts upon the surrounding neighborhood and the project has been reviewed and
conditioned to cornply with the uniform building and fire codes.
Section 4. The City Council of the City of Ternecula hereby approves the Application
for a Development Plan (PA04-0472) for the construction of a two story, 20,416 square foot
square office building located at the southwest corner of Winchester Road and Diaz Road, the
entry to the Westside Business Centre (Assessor's Parcel No. 909-310-001-1), subject to the
specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by
this reference as though set forth in full.
Section 5.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of February, 2005
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE
CITY OF TEMECULA
) ss
)
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 05-- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting held on the _th day of ,2005, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
DEVELOPMENT PLAN
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
PA04-0472
Project Description:
A Development Plan to construct a 20,416
square foot office building on 1.21 acres
located at 41900 Winchester Road, generally
located at the southwest corner of Winchester
Road and Diaz Road.
TUMF Category:
DIF Category:
Industrial
Business Park/Industrial
MSHCP Category:
Industrial
Assessor's Parcel No,:
909-310-001-1
Approval Date:
Expiration Date:
February 8, 2005
February 8, 2007
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1.
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption required
under Public Resources Code Section 211 08(b) and California Code of Regulations
Section 15075. If within said forty-eight (48) hour period the applicant has not delivered
to the Planning Department the check as required above, the approval for the project
granted shall be void by reason of failure of condition [Fish and Game Code Section
711.4(c)].
General Requirements
2.
The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
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employees, consultants, contractors, legal counsel, and agents. City shall promptly notify
both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
3.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
4.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
5.
The Director of Planning may, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time extension of up to three one-year
extensions of time, one year at a time.
6.
The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
7.
The condition of approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staffs prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent
of that required by the condition of approval. Staff may elect to reject the request to
substitute, in which case the real party in interest may appeal, after payment of the
regular cost of an appeal, the decision to the Planning Commission for its decision.
Material
Painted Concrete
Finish and Color
Bauhaus Buff Frazee #8692W
Granite Accent
Travertine Accent
Costa Smeralda
Ivory Classic & Honed Travertine
Crosscut & Ancient Tumbled Mocha
Unfilled Travertine
Green Reflective
Glazing
8.
Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner
to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the
developer or any successors in interest.
9.
All mechanical and roof equipment shall be fully screened from public view by being
placed below the surrounding parapet wall.
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10.
11.
The applicant shall submit to the Planning Department for permanent filing two (2) 8" X
10" glossy photographic color prints of the approved Color and Materials Board and the
colored architectural elevations. All labels on the Color and Materials Board and
Elevations shall be readable on the photographic prints.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
Prior to Issuance of Grading Permits
12.
13.
14.
15.
Provide the Planning Department with a copy of the underground water plans and
electrical plans for verification of proper placement of transformer(s) and double detector
check prior to final agreement with the utility companies.
The applicant shall submit a photometric plan, including the parking lot to the Planning
Department, which meets the requirements of the Development Code and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to
not adversely impact the growth potential of the parking lot trees.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
Ordinance or by providing documented evidence that the fees have already been paid.
The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any
artifacts or other objects which reasonably appears to be evidence of cultural or
archaeological resource are discovered, the property owner shall immediately advise the
City of such and the City shall cause all further excavation or other disturbance of the
affected area to immediately cease. The Director of Planning at his/her sole discretion
may require the property to deposit a sum of money it deems reasonably necessary to
allow the City to consult and/or authorize an independent, fully qualified specialist to
inspect the site at no cost to the City, in order to assess the significance of the find.
Upon determining that the discovery is not an archaeological/cultural resource, the
Director of Planning shall notify the property owner of such determination and shall
authorize the resumption of work. Upon determining that the discovery is an
archaeological/cultural resource, the Director of Planning shall notify the property owner
that no further excavation or development may take place until a mitigation plan or other
corrective measures have been approved by the Director of Planning."
Prior to Issuance of Building Permit
16.
17.
A separate building permit shall be required for all signage.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
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18.
19.
20.
21.
22.
23.
a.
Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
Provide an agronomic soils report with the construction landscape plans.
Detail of outdoor employee eating area. This area shall include a trellis with
appropriate vines to shade the outdoor employee break area, decorative furniture
and hardscape to match the style of the building subject to the approval of the
Planning Director.
One (1) copy of the approved grading plan.
Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
Total cost estimate of plantings and irrigation (in accordance with approved plan).
A landscape maintenance program shall be submitted for approval, which details
the proper maintenance of all proposed plant materials to assure proper growth
and landscape development for the long-term esthetics of the property. The
approved maintenance program shall be provided to the landscape maintenance
contractor who shall be responsible to carry out the detailed program.
b.
c.
d.
e.
f.
g.
h.
All utilities shall be screened from public view. Landscape construction drawings shall
show and label all utilities and provide appropriate screening. Provide a 3' clear zone
around fire check detectors as required by the Fire Department before starting the
screen. Group utilities together in order to reduce intrusion. Screening of utilities is not
to look like an after-thought. Plan planting beds and design around utilities. Locate all
light poles on plans and insure that there are no conflicts with trees.
Proposed plantings and landscape layout at the monument sign located at the corner of
Winchester Road and Diaz Road shall match existing plantings and layout at the
monument sign located on the southwest corner of this same intersection.
An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
The Planning Director shall approve the Construction Landscaping and Irrigation Plans.
Building plans shall indicate that all roof hatches shall be painted "International Orange".
The construction plans shall indicate the application of painted rooftop addressing
plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The
numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow
paint applied over a contrasting background. The address shall be oriented to the street
and placed as closely as possible to the edge of the building closest to the street.
Prior to Building Occupancy
24.
All required landscape planting and irrigation shall have been installed consistent with
the approved construction plans and shall be in a condition acceptable to the Director of
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25.
26.
27.
28.
Planning. The plants shall be healthy and free of weeds, disease, or pests. The
irrigation system shall be properly constructed and in good working order.
Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings, in accordance with the approved
construction landscape and irrigation plan shall be filed with the Planning Department for
one year from final certificate of occupancy. After that year, if the landscaping and
irrigation system have been maintained in a condition satisfactory to the Director of
Planning, the bond shall be released upon request by the applicant.
Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space at
a minimum height of 80 inches from the bottom of the sign to the parking space finished
grade, or centered at a minimum height of 36 inches from the parking space finished
grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each
entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly
and conspicuously stating the following:
"Unauthorized vehicles parked in designated accessible spaces not displaying
distinguishing placards or license plates issued for persons with disabilities
may be towed away at owner's expense. Towed vehicles may be reclaimed by
telephoning 951 696-3000."
In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
3 square feet in size.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
FIRE DEPARTMENT
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
29.
30.
Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix liLA, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM
at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM
for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be
adjusted during the approval process to reflect changes in design, construction type, or
automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire
Flow as given above has taken into account all information as provided. (CFC 903.2,
Appendix III-A)
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31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 1 hydrants, in a combination of on-site and
off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection
and shall be located no more than 250 feet from any point on the street or Fire
Department access road(s) frontage to a hydrant. The required fire flow shall be
available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B)
As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-site fire hydrants and mains capable of supplying
the required fire flow shall be provided. For this project on site fire hydrants are
required. (CFC 903.2)
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of
.25 feet. (CFC sec 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
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41.
42.
43.
44.
45.
46.
plainly visible and legible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6)
inch high letters and/or numbers on both the front and rear doors. Single family
residences and multi-family residential units shall have four (4) inch letters and lor
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
Prior to issuance of Certificate of Occupancy or building final, based on square footage
and type of construction, occupancy or use, the developer shall install a fire sprinkler
system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (CFC Article 10, CBC Chapter 9)
Prior to issuance of Certificate of Occupancy or building final, based on a requirement
for monitoring the sprinkler system, occupancy or use, the developer shall install an fire
alarm system monitored by an approved Underwriters Laboratory listed central station.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation.
(CFCArticie 10)
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the sprinkler riser door. (CFC 902.4)
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane
painting and or signs.
Prior to the issuance of a Certificate of Occupancy or building final, the
developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other
hazardous materials from both the County Health department and Fire Prevention
Bureau.(CFC 7901.3 and 8001.3)
Special Conditions
47.
48.
Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire
prevention for approval.
The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105)
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BUILDING AND SAFETY DEPARTMENT
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
The City of Temecula has adopted an ordinance to collect fees for a Riverside County
area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this
ordinance on March 31, 2003, this project will be subject to payment of these fees at the
time of building permit issuance. The fees shall be subject to the provisions of Ordinance
03-01 and the fee schedule in effect at the time of building permit issuance.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
Obtain street addressing for all proposed buildings prior to submittal for plan review.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1, 1998)
Provide disabled access from the public way to the main entrance of the building.
Provide van accessible parking located as close as possible to the main entry.
Provide house electrical meter provisions for power for the operation of exterior lighting,
fire alarm systems.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan for plan review.
Truss calculations that are stamped by the engineer of record and the truss
manufacturer engineer are required for plan review submittal.
Provide precise grading plan at plan check submittal to check accessibility for persons
with disabilities.
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64.
65.
66.
67.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Trash enclosures, patio covers, light standards, and any block walls if not on the
approved building plans, will require separate approvals and permits.
Show all building setbacks.
Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site
within one-quarter mile of an occupied residence.
Monday-Friday
Saturday
6:30 a.m. - 6:30 p.m.
7:00 a.m. - 6:30 p.m.
DEPARTMENT OF PUBLIC WORKS
No work is permitted on Sunday or Government Holidays
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all
existing and proposed property lines, easements, traveled ways, improvement constraints and
drainage courses, and their omission may require the project to be resubmitted for further
review and revision.
General Requirements
68.
69.
70.
71.
A Grading Permit for precise grading, including all on-site flat work and improvements,
shall be obtained from the Department of Public Works prior to commencement of any
construction outside of the City-maintained street right-of-way.
An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
All grading plans shall be coordinated for consistency with adjacent projects and existing
improvements contiguous to the site and shall be submitted on standard 24" x 36" City of
Temecula mylars.
The Developer shall construct public improvements in conformance with applicable City
Standards and subject to approval by the Director of the Department of Public Works.
a. Street improvements, which may include, but not limited to: drive approach,
storm drain facilities and sewer and domestic water systems.
Prior to Issuance of a Grading Permit
72.
A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed
and approved by the Department of Public Works. The grading plan shall include all
necessary erosion control measures needed to adequately protect adjacent public and
private property.
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73.
74.
75.
76.
77.
78.
79.
The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to
the Director of the Department of Public Works with the initial grading plan check. The
report shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site
and upstream of this site. The study shall identify all existing or proposed public or
private drainage facilities intended to discharge this runoff. The study shall also analyze
and identify impacts to downstream properties and provide specific recommendations to
protect the properties and mitigate any impacts. Any upgrading or upsizing of
downstream facilities, including acquisition of drainage or access easements necessary
to make required improvements, shall be provided by the Developer.
NPDES - The project proponent shall implement construction-phase and post-
construction pollution prevention measures consistent with the State Water Resources
Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-
phase measures shall include Best Management Practices (BMPs) consistent with the
City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for
Erosion and Sediment Control, and the SWRCB General Permit for Construction
Activities. Post-construction measures shall be required of all Priority Development
Projects as listed in the City's NPDES permit. Priority Development Projects will include
a combination of structural and non-structural onsite source and treatment control BMPs
to prevent contaminants from commingling with storm water and treat all unfiltered runoff
year-round prior to entering a storm drain. Construction-phase and post-construction
BMPs shall be designed and included into plans for submittal to, and subject to the
approval of, the City Engineer prior to issuance of a Grading Permit. The project
proponent shall also provide proof of a mechanism to ensure ongoing long-term
maintenance of all structural post-construction BMPs.
As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. Planning Department
b. Department of Public Works
c. Temecula Fire Prevention Bureau
The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
RID P\2004\O4-0472 Park Piace Office BidglCC Resa DP-Draft.dac
14
80.
The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "AE"
and is subject to flooding of undetermined depths. Prior to the approval of any plans, the
Developer shall demonstrate that the project complies with Chapter 15.12 of the
Temecula Municipal Code for development within Flood Zone "A". A Flood Plain
Development Permit is required prior to issuance of any permit. Residential subdivisions
shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management
Agency (FEMA) prior to occupancy of any unit. Commercial subdivisions may obtain a
LOMR at their discretion.
Prior to Issuance of a Building Permit
81.
82.
83.
84.
85.
86.
Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
a.
Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over
A.C. paving.
Driveways shall conform to the applicable City ofTemecula Standard No. 207A.
Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800.
Concrete sidewalks and ramps shall be constructed along public street frontages
in accordance with City of Temecula Standard No. 400.
Improvement plans shall extend 300 feet beyond the project boundaries.
All street and driveway centerline intersections shall be at 90 degrees.
b.
c.
d.
e.
f.
The Developer shall pay in fee for Y. median along their frontage on Diaz Road. The
design and cost shall be approved to the satisfaction of the Director of Public Works.
The building pad shall be certified to have been substantially constructed in accordance
with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil
Engineer shall issue a Final Soil Report addressing compaction and site conditions.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
The Developer shall record a written offer to participate in, and waive all rights to object
to the formation of an Assessment District, a Community Facilities District, or a Bridge
and Major Thoroughfare Fee District for the construction of the proposed Western
Bypass Corridor in accordance with the General Plan. The form of the offer shall be
subject to the approval of the City Engineer and City Attorney.
The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Prior to Issuance of a Certificate of Occupancy
R:ID P\2004104-0472 Park Place Office BidglCC Reso DP-Draft,doc
15
87.
88.
89.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b.
Eastern Municipal Water District
Department of Public Works
c.
All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
The existing improvements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Director of the
Department of Public Works.
COMMUNITY SERVICES DEPARTMENT
The TCSD has reviewed the Development Plan for the aforementioned project and has the
following Conditions of Approval:
General Conditions
90.
91.
92.
93.
The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
The Applicant shall comply with the Public Art Ordinance.
All parkways, landscaping, monumentation, fencing and on site lighting shall be
maintained by the property owner or maintenance association.
Prior to issuance of Building Permit
94.
Prior to issuance of building permits, the developer shall provide TCSD verification of
arrangements made with the City's franchise solid waste hauler for disposal of
construction debris.
OTHER AGENCIES
95.
96.
97.
The applicant shall comply with the recommendations set forth in the Rancho California
Water District's letter dated August 4, 2004, a copy of which is attached.
The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's letter dated July 22, 2004, a copy of
which is attached.
The applicant shall comply with the recommendations set forth in the City of Temecula
Police Department's letter dated July 29, 2004, a copy of which is attached.
R:\D P\2004\O4-0472 Park Place Office 8idg\CC Resa DP-Draft.dac
16
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
R:\D P\2004\O4-0472 Park Piace Office Bldg\CC Reso DP-Draft.doc
17
@
Raha
Water
"",nloroiredo"
John E. Hoa,I~d
P~ident
C..ba F. Bo
So. Vi" P~ident
Stepben J. Coro~
Ralpb H. Daily
Ben R. Deake
Li.. D. He~o
Miebae! R. McMillan
Off"""
Brian J. Beady
c.n"a¡ Mm",
Pbillip L. Foe'"
Di~toe or Fioan".Temuree
E.P. 'lIob- Lemo",
DIT",",eorEngin"'"n,
Peery R. Lonek
Controll"
August 4, 2004
Cheryl Kitzerow, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
C .., --'-------, c", r,é- I~.!
' 'C' 'I
. ,I,
líliljt,~~_r(:!'!
UU , j
SUBJECT:
WATER AND SEWER AVAILABILITY
PARK PLACE OFFICE BUILDING
PARCEL NO.1 OF PARCEL MAP NO, 21383
APN 909-310-001; PA04-0472
[MCARDLE ASSOCIATES]
Dear Ms, Clary:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water and sewer
service, therefore, would be available upon construction of any required on-site
and/or off-site water and sewer facilities and the completion of financial
arrangements between RCWD and the property owner,
If flIe protection is required, the customer will need to contact RCWD for fees
and requirements.
::t::-";;:;;'7.dmio"","" Water availability would be contingent upon the property owner signing an
Sen'ie"M~ag" Agency Agreement that assigns water management rights, if any, to RCWD.
c. Mkbael Cowett
Be,' """ & Kriegee liP
Ge~ealCoU~¡ The project should be conditioned to use recycled water for landscape irrigation,
Requirements for the use of recycled water are available ITom RCWD.
If you should have any questions, please contact an Engineering Services
Representatiye aUhis.office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
-n1~/ /J h -:7Yl~¿-
I t1i~ ~eye~e~J{Jl.--
Development Engineering Manager
04\MM:atl 05\FCF
c:
Bud Jones, Engineering Project Coordinator
Laurie Williams, Engineering Services Supervisor
Ranebo CaI"o,"" Walee Di"'eiel
42!3SWineh"t","",d' PwtOffi" ",,9017 , Tem"wa.C,lirami,92589.90I7' (95t)296-6900 ' FAX(9S!) 296-6860
- "A 0 COL,~TY OF RIVERSIDE' HEALT. ,ERVICES AGENCY 0
~ ~ DEPARTMENT OF ENVIRONMENTAL HEALTH
11.r¡;'.,.,'I,rc;.~(èr¡',!.n.. ,!'I;,'!,,,",".',,1'
:: J.¡ :; '.':' lc :: 'e:; ,-~: :
July 22, 2004 Ii " ¡ II
:1 ill JUL 2 7 2004 : II
City of Temecula Planning Dep~;nt 'j ¡
P.O. Box 9033 =J
Temecula, CA 92589-9033
Attention: Cheryl Kitzerow
RE:
Plot Plan No. PA04-0472
By
Dear Ms. Kitzerow:
Department of Environmental Health has reviewed the Plot Plan No. PA04-0472 to construct a 20,416
sq. ft. office building and has no objections. Water and sewer services should be available in this area.
1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING
SHOULD BE REQUIRED:
a) '.'Will-serve" letters from the appropriate water and sewering districts.
Sincerely,
rA .'~ ~'\\^ . ~
S~,~~~iSin~ ~ir~l Health Specialist
(909) 955-8980
NOTE: Any current additional requirements not covered can be applicable at time of Building Plan
review for final Department of Environmental Health clearance.
~-
Local Enfo«emenl Agency' PO. Box 1280, Riverside. CA 92502.1280 . (9091 955-8982 ' FAX (909) 781-9653 . 4080 Lemon Stree!. 9th Fioor, Riverside. c.~ 92501
Land Use and Wal" Engine"ing . PO, Box 1206. Riverside, CA 92502-1206 . (9091955-8980 ' FAX (9091 955-8903 . 4080 Lemon Street. 2nd FioOL Rimside CA 92501
TEMECULA POLICE DEPARTMENT
Crime Prevention & Plans Unit
28410 Old Town Front Street, Suite 105, Temecula, CA 92590
(951) 695-2773 Fax: (951)506-5708
Project Number:
July 29, 2004
PA04-0472
Date:
Project Type:
Development Plan
Project Name:
Park Place Office
Project
Description:
A Development Plan to construct a 20,416 square foot office building on
1.2 acres located at the southwest corner of Diaz & Winchester Roads
Applicant:
Mc Ardle & Associates
Case Planner:
Cheryl Kitzerow
The following comments pertain to Officer Safety, Public Safety and Crime Prevention measures
regarding this planning project transmittal.
1.
Landscaping: Applicant shall ensure all landscaping surrounding the building are kept
at a height of no more than three feet (3') or below the ground floor windowsills. Plants,
hedges and shrubbery should be defensible plants to deter would-be intruders from
breaking into the building utilizing lower level windows.
a,
Applicant shall ensure all trees surrounding the building roof top be kept at a
distance so as to deter roof accessibility by "would-be burglars." Trees also act
as a natural ladder, Prune tree branches with at least a 6 feet clearance from the
building.
b.
Any burms should not exceed 3' in height.
c.
The placement of all landscaping should be in compliance with guidelines from
Crime Prevention through Environmental Design (CPTED) (See conditions item
#9 below).
2,
Lighting: All parking lot lighting surrounding the complex should be energy-saving and
minimized after hours of darkness and in compliance with the State of California Lighting
Ordinance, California Government Code 8565. Furthermore, recommend all exterior
lighting be in compliance with Mt. Palomar Lighting Requirements.
a,
Recommend all exterior doors have their own vandal resistant fixtures installed
above each door, The doors should be illuminated with a minimum one (1) foot
candle of light at ground level, evenly dispersed.
b.
The Governors Order to address the power crisis became effective March 18,
2001. This bill calls for a substantial reduction from businesses to cut usage
during non-business hours. The order, in part, states: "All California retail
establishments, including but not limited to shopping centers, auto malls and
dealerships, shall substantially reduce maximum outdoor lighting capability during
non-business hours except as necessary for the health and safety of the public,
employees or property."
c.
"Failure to comply with this order following a warning by law enforcement officials
shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in
accordance with section 8565 of the California Government Code."
3.
Hardware: Recommend all doors, windows, locking mechanisms, hinges, and other
miscellaneous hardware is commercial or institution grade.
4.
Graffiti: Any graffiti painted or marked upon the building should be removed or painted
over within twenty-four (24) hours of being discovered.
5.
Alarm System: Upon completion of construction, the building shall have a monitored
alarrn system installed and monitored 24-hours a day by a designated private alarm
company, to notify the Temecula Police Department of any intrusion. All multi-tenant
offices/suiteslbusinesses located within a specific building should haye their own alarm
system.
6.
Roof Hatches: All roof hatches should be painted "International Orange."
7.
Public Telephones: Any public telephones located on the exterior of the building should
be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature
to deter loitering. This feature is not required for public telephones installed within the
interior of the building.
8,
Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises
shall be marked in accordance with section 22511,8 of the California Vehicle Code.
9.
Crime Prevention through Environmental Design: The definition of Crime Prevention
through Environmental Design (CPTED) as developed by the National Crime Prevention
Institute (NCPI) at the University of Louisville as "the proper design and effective use of
the built environment can lead to reduction in the fear and incidence of crime, and an
improvement in the quality of life." The primary nine CPTED strategies are:
a.
Provide clear border definition of controlled space. Examples of border
definition may include fences, shrubbery of signs in exterior areas. Within
a building, the arrangement of furniture and color definition can serve as
means of identifying controlled space.
b.
Provide clearly marked transitional zones. Persons need to be able to
identify when they are moving from public to semi-public to private space,
c,
Relocation of gathering areas. Gathering areas or congregating areas
10,
need to be located or designated in locations where there is good
surveillance and access control.
d.
Place safe activities in unsafe locations. Safe activities attract normal
users to a location and subsequently render the location less attractive to
abnormal users due to observation and possible intervention,
e.
Place unsafe activities in safe locations, Placing unsafe activities in areas
of natural surveillance or controlled access will help overcome risk and
make the users of the areas feel safer.
f,
Redesignate the use of space to provide natural barriers. Separate
activities that may conflict with each other (outdoor basketball court and
children's play area, for example) by distance, natural terrain or other
functions to avoid such conflict.
g.
Improve scheduling of space. The timing in the use of space can reduce
the risk for normal users and cause abnormal users to be of greater risk of
surveillance and intervention.
h.
Redesign space to increase the perception of natural surveillance,
Abnormal users need to be aware of the risk of detection and possible
intervention. Windows and clear lines-of-sight serve to provide such a
perception of surveillance.
i.
Overcome distance and isolation. This strategy may be accomplished
through improved communications (portable two-way radios, for example)
and design efficiencies, such as the location of restrooms in a public
building.
Crime Prevention:
a,
All retailing businesses shall contact the California Retailers Association for their
booklet on the California Retail Theft Law at: California Retailers Association
1127-11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975, Penal
Code 490.5 affords merchants the opportunity to recover their losses through a
ciyil demand program.
b.
Business desiring a business security survey of their location can contact the
crime prevention unit of the Temecula Police Department.
c.
Employee training regarding retail theft, credit card prevention, citizen's arrest
procedures, personal safety, business security, shoplifting or any other related
crime prevention training procedures is also available through the crime
prevention unit.
d.
Any business that serves or sell any type of alcoholic beverages will comply with
all guidelines within the Business and Profession Codes and all other guidelines
associated with the State Department of Alcohol Beverage Control. Contact the
Temecula Police Department for inspections and training for both employees
and owners. This includes special events held at business location where
alcohol will be serviced for a fee and the event is open to the general public.
e.
The Temecula Police Department affords all retailers the opportunity to
participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for
inkless inkpads, retailers can take a thumbprint of every customer using a
personal check to pay for services. A decal is also posted on the front entry of
the business-advising customers of the "Inkless Ink prograrn in use", If the
business becomes a yictim of check fraud, the police department will be able to
track the suspect with the thumbprint.
Any questions regarding these comments shall be referred to the Temecula Police Department
Crime Prevention and Plans Officer at (951) 695-2773,
Lynn N. Fanene, Sr.
ATTACHMENT NO.2
PLANNING COMMISSION STAFF REPORT (DECEMBER 15, 2004)
R:\D P\2004\O4-0472 Park Place Office Bid9\CC Staff Report-1.doc
4
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
ORIGfNAL
Date of Meeting:
December 15, 2004
Prepared by:
Cheryl Kitzerow
Title: Associate Planner
File Number
PA04-0472
Application Type:
Development Plan
Project Description:
A Development Plan to construct a 20,416 square foot, two-story
office building on a 1.21 acre site in the Light Industrial (LI) zone,
located at 41900 Winchester Road, also known as Assessor's
Parcel No. 909-310-001-1.
Recommendation:
(Check One)
0 Approve with Conditions
0 Deny
0 Continue for Redesign
0 Continue to:
IZI Recommend Approval with Conditions
0 Recommend Denial
CEQA:
(Check One)
IZI Categorically Exempt
(Class)
(Class)
15332
0 Notice of Determination
15162
0 Negative Declaration
0 Mitigated Negative Declaration with Monitoring Plan
DEIR
R:\D P\2004\O4-Q472 Park Place Office BldglPC STAFF REPORT,doc
1
PROJECT DATA SUMMARY
Applicant
McArdle Associates Architects, Inc.
Cornpletion Date:
October 25, 2004
Mandatory Action Deadline Date:
Decernber 15, 2004
General Plan Designation:
Business Park (BP)
Zoning Designation:
Light Industrial (LI)
Site/Surrounding Land Use:
Site:
The project site is a graded pad with a ternporary sales trailer currently
located on site; no permanent improvements exist.
North:
Existing Industrial buildings in the Light Industrial zone across Winchester
Road
Existing Industrial buildings in the Light Industrial zone
Murrieta Creek across Diaz Road
Vacant lots in the Light Industrial zone
South:
East
West
Lot Area:
1.21 acres
Building Summary:
20,416 square foot, two-story building
Building Height
35 feet 6 inches
Total Floor Area/Ratio:
39.5 %
Landscape Area/Coverage:
16,287 square feet /31 %
Parking Required/Provided:
58 spaces required /66 spaces plus 1 loading space provided
BACKGROUND SUMMARY
[8J 1.
Staff has worked with the applicant to ensure that all concerns have been addressed,
and the applicant concurs with the recomrnended Conditions of Approval.
Planning Application No. PA04-0472 is a Development Plan to design and construct a 20,416
square foot office building on 1.21 acres, located at the southwest corner of Winchester Road
and Diaz Road, the entry to the Westside Business Centre.
A Development Plan application was submitted on July 14, 2004. No DRC meeting was held for
the Development Plan application because a Pre-Application process was completed for this
project and no significant new issues were identified during the preliminary staff review. A DRC
letter was mailed to the applicant on August 12, 2004 discussing site, landscaping, architecture,
and other departmental issues. On September 21, 2004 and again on October 25, 2004 the
applicant resubmitted revised plans.
R:\D PI2004\O4-0472 Pa,k Place Office BldglPC STAFF REPORT,doc
2
ANALYSIS
Site Plan
The project conforms to the developrnent regulations of the Light Industrial (U) zoning district.
The building setbacks exceed the minimum requirements of the Deyelopment Code and the
0.395 Floor Area Ratio is below the target ratio of 0.40 for this zoning district. The proposed 20
percent lot coverage is also below the maximum permitted lot coverage of 40 percent. The
proposed site plan provides adequate circulation for vehicles anticipated to utilize the site, as
well as for ernergency vehicles. Since the proposed building is an office building less than
50,000 square feet, the project requires review by the City Council per the Developrnent Code.
Architecture
The proposed building is consistent with the Development Code and Design Guidelines. The
proposed building will be constructed of concrete tilt-up panels, with the exterior architecture
enhanced with the use of travertine, horizontal and vertical reveals and glass accents. The
building design includes glass corner treatments with metal canopy overhangs along Winchester
Road to simulate building entry, however the main building entrance is located along the south
elevation internal to the site. The building includes various breaks in the wall planes and parapet
design and height variations, which, in conjunction with landscaping, breaks up building mass
from street view. Staff supports the building design since the variation in building height and
materials enhance the appearance of the buildings at a prorninent corner at the entry to the
business park.
Landscapina
The landscape plan conforms to the landscape requirements of the Development Code and
Design Guidelines. Tree and shrub placement will serve to effectively screen onsite parking
areas and effectively soften building elevations. The project proposes to landscape 16,287
square feet or 31 percent of the site, which exceeds the minirnum landscaping requirernents in
the U (Light Industrial) zone. Included in the 31 percent coverage is a two-foot overhang area for
parking along the perimeter of the site as well as the western elevation of the building, which
accounts for one percent of the landscape coverage. Since the landscape area exceeds the
minimum requirements of the zone, staff is comfortable with this overhang design for the parking
areas. The project provides landscaping around the perimeter of the site, with a minirnurn 20
foot landscaped setback along Winchester and Diaz Roads, and yaried landscape setbacks
around the building footprint. An outdoor employee eating area is provided at the southeast
corner of the building. This area is screened with a low wall and is designed with a trellis shade
structure and additional landscaping.
Access, Circulation and Parkina
Access to the proposed building will be provided from a 24-foot wide drive aisle off Winchester
Road, approximately 150 feet west of the intersection of Winchester and Diaz Roads. This
driveway provides access to the parking at the rear of the site as well as adequate on-site
circulation. The project provides 66 parking spaces which exceeds the required 58 parking
spaces. One loading space is provided in the parking area, in proximity to the building entrance,
thereby meeting the loading space requirements of Section 17.24.060 of the Developrnent Code.
Adequate motorcycle and bicycle parking are also provided on-site.
R:\D P\2004\04-0472 Park Place Office BldgIPC STAFF REPORT.doc
)
The Public Works Department has analyzed the projected traffic impact of the project and has
deterrnined that the impacts are consistent with the traffic volumes projected for the site by the
previously approved City General Plan EIR. The Fire Department also reviewed the plan and
determined that there is proper access and circulation to provide emergency services to the site.
ENVIRONMENTAL DETERMINATION
¡g¡ 1.
In accordance with the California Environmental Quality Act, the proposed Project has
been deemed to be categorically exernpt from further environmental review per Section
15332, In-Fill Development Projects.
The project site was determined to be located within a Multiple Species Habitat
Conservation Plan Criteria Cell (MSHCP) as well as proYiding potential habitat for the
Burrowing Owl. Based on MSHCP criteria the applicant submitted a Habitat Acquisition
and Negotiation Survey (HANS) application and Burrowing Owl Survey on October 4,
2004. Staff reviewed the application to determine whether the proposed developrnent
complies with the MSHCP. On October 14, 2004, staff determined that the MSHCP
Criteria does not identify conservation on the subject site and therefore the development
application could continue to be processed with a Categorical Exemption.
CONCLUSION/RECOMMENDATION
Staff has deterrnined that the proposed project, as conditioned, is consistent with the City's
General Plan, Development Code, and all applicable ordinances, standards, guidelines, and
policies. Therefore, staff recommends that the Planning Comrnission recommend that the City
Council approve Development Plan PA04-0472 based upon the findings and with the attached
conditions of approval.
FINDINGS
Developrnent Plan(17.05.010F)
1.
The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirernents of state law and other ordinances of the city.
The proposal is consistent with the land use designation and policies reflected for
Business Park (BP) development in the City of Temecula General Plan. The General
Plan has listed the proposed uses, including the light manufacturing, warehouse, and
office, as typical uses in the Business Park designation. The Land Use Element of the
General Plan requires that proposed buildings be compatible with existing buildings. The
proposed office building has been designed to be compatible with the surrounding
buildings currently located adjacent to the subject site. In addition, the proposal is
consistent with the development regulations of the Light Industrial (LI) zoning district.
2.
The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The proposed project is consistent with the development standards outlined in the City of
Temecula Development Code. The proposed architecture and site layout for the project
R:\D P\2004\O4-0472 Park Place Office BidglPC STAFF REPORT,doc
4
has been reviewed utilizing the Industrial Development Performance Standards of the
Development Code. The proposed project has met the performance standards in
regards to circulation, architectural design and site plan design.
The project has been reviewed for, and as conditioned, has been found to be consistent
with, all applicable policies, guidelines, standards and regulations intended to ensure that
the development will be constructed and function in a manner consistent with the public
health, safety and welfare.
ATTACHMENTS
1.
Plan Reductions - Blue Page 6
2.
PC Resolution No. 2004-- - Blue Page 7
Exhibit A - Conditions of Approval
R:\D P\2004\O4-0472 Park Place Office BidglPC STAFF REPORTdoc
5
ATTACHMENT NO.1
PLAN REDUCTIONS
R,ID P\20Q4\O4-0472 Pa,k Place Office BldglPC STAFF REPORTdoc
6
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ATTACHMENT NO.2
PC RESOLUTION NO. 2004--
R:ID P\2004104-0472 Park Place Office BldglPC STAFF REPORT,doc
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PC RESOLUTION NO, 2004--
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PAO4-0472, A DEVELOPMENT PLAN TO CONSTRUCT A
20,416 SQUARE FOOT OFFICE BUILDING ON 1.21 ACRES IN
THE LIGHT INDUSTRIAL ZONE," LOCATED AT 41900
WINCHESTER ROAD, KNOWN AS ASSESSOR PARCEL NO.
909-310-001-1.
WHEREAS, McArdle Associates Architects filed Planning Application No. PA04-0472
(Development Plan Application), in a manner in accordance with the City of Temecula General
Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application
on Decernber 15, 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 in
opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission recommended the City Council approve the Application subject
to and based upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the aboye recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinas. The Planning Commission, in recornrnending approval of the
Application, hereby makes the following findings as required by Section 17.05.010F of the
Temecula Municipal Code:
A. The proposed use is in conformance with the General Plan for Temecula and with
all applicable requirements of state law and other ordinances of the city.
The proposal is consistent with the land use designation and policies reflected for
Business Park (BP) development in the City of Temecula General Plan. The General
Plan has fisted the proposed uses, including the light manufacturing, warehouse, and
office, as typical uses in the Business Park designation. The Land Use Element of the
General Plan requires that proposed buildings be compatible with existing buildings.
The proposed office building has been designed to be compatible with the surrounding
buildings currently located adjacent to the subject site. In addifion, the proposal is
consistent with the development regulations of/he Light Industrial (Lf) zoning district.
R:ID P\2004104-0472 Park Piace Office BJdglDRAFT PC RESOLUTION AND COA.doc
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B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The proposed project is consistent with the development standards outlined in the City of
Temecula Development Code. The proposed architecture and site layout for the project
has been reviewed utilizing the Industrial Development Performance Standards of the
Development Code. The proposed project has met the performance standards in
regards to circulation, architectural design and site plan design.
The project has been reviewed for, and as conditioned, has been found to be consistent
with, all applicable policies, guidelines, standards and regulations intended to ensure
that the development will be constructed and function in a manner consistent with the
public health, safety and welfare.
Section 3. Environmental Compliance. The project will have no significant
environmental impacts and has been found to be categorically exempt pursuant to Section
15332 (In-Fill Development Project) of the California Environmental Quality Act Guidelines.
Section 4. Conditions. The City of Ternecula Planning Cornmission hereby
recomrnends approval of the Application PA04-0472, a request to construct, operate and
establish a two story, 20,416 square foot square office building with conditions of approval as
set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with
any and all necessary conditions that may be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 15th day of December 2004.
John Telesio, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
R,\D P\2004\O4-D472 Park Place Office Bldg\DRAFT PC RESOLUTION AND COA,doc
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
) ss
)
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 Cornrnission
of the City of Temecula at a regular meeting thereof held on the 15th day of December 2004, by
the following vote of the Commission:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
AYES:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
KID PI2004104-0472 Park Place Office BldglDRAFT PC RESOLUTION AND COAdoc
]
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
R,ID P\2004104-0472 Pack Place Office BldglDRAFT PC RESOLUTION AND COA,do<:
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.:
PA04-0472
Project Description:
A Development Plan to construct a 20,416
square foot office building on 1.21 acres
located at 41900 Winchester Road, generally
located at the southwest corner of Winchester
Road and Diaz Road.
DIF Category:
MSHCP Category:
Business Park/Industrial
Industrial
Assessor's Parcel No.:
909-310-001-1
Approval Date:
Pending City Council Determination
Pending City Council Determination
Expiration Date:
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1.
The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption required
under Public Resources Code Section 21108(b) and California Code of Regulations
Section 15075. If within said forty-eight (48) hour period the applicant has not delivered
to the Planning Department the check as required aboye, the approval for the project
granted shall be void by reason of failure of condition [Fish and Game Code Section
711.4(c)].
General Requirements
2.
The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgrnents, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the yoters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall prornptly notify
both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
KID P\2004104-0472 Park Place Office BldglDRAFT PC RESOLUT10N AND COA.doc
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3.
4.
5.
6.
7.
8.
9.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The Director of Planning rnay, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time extension of up to three one-year
extensions of time, one year at a time.
The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
The condition of approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staffs prior approval of the use or utilization of an itern, material,
equipment, finish or technique that City staff determines to be the substantial equivalent
of that required by the condition of approval. Staff may elect to reject the request to
substitute, in which case the real party in interest may appeal, after payment of the
regular cost of an appeal, the decision to the Planning Commission for its decision.
Material
Painted Concrete
Finish and Color
Bauhaus Buff Frazee #8692W
Costa Smeralda
Ivory Classic & Honed Travertine Crosscut &
Ancient Tumbled Mocha Unfilled Travertine
Green Reflective
Granite Accent
Trayertine Accent
Glazing
Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is deterrnined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner
to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the
developer or any successors in interest.
All mechanical and roof equipment shall be fully screened from public view by being
placed below the surrounding parapet wall.
10.
The applicant shall submit to the Planning Department for permanent filing two (2) 8" X
10" glossy photographic color prints of the approved Color and Materials Board and the
colored architectural elevations. All labels on the Color and Materials Board and
Elevations shall be readable on the photographic prints.
11.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
R:ID P\2004104.()472 Park Place Office BldglDRAFT PC RESOLUTION AND COA,doc
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Prior to Issuance of Grading Permits
12.
13.
14.
15.
Provide the Planning Department with a copy of the underground water plans and
electrical plans for verification of proper placement of transformer(s) and double detector
check prior to final agreement with the utility cornpanies.
The applicant shall submit a photometric plan, including the parking lot to the Planning
Department, which meets the requirements of the Developrnent Code and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to
not adversely impact the growth potential of the parking lot trees.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
Ordinance or by providing documented evidence that the fees have already been paid.
The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any
artifacts or other objects which reasonably appears to be evidence of cultural or
archaeological resource are discovered, the property owner shall immediately advise the
City of such and the City shall cause all further excavation or other disturbance of the
affected area to immediately cease. The Director of Planning at his/her sole discretion
may require the property to deposit a sum of money it deems reasonably necessary to
allow the City to consult and/or authorize an independent, fully qualified specialist to
inspect the site at no cost to the City, in order to assess the significance of the find.
Upon deterrnining that the discovery is not an archaeological/cultural resource, the
Director of Planning shall notify the property owner of such determination and shall
authorize the resumption of work. Upon determining that the discovery is an
archaeological/cultural resource, the Director of Planning shall notify the property owner
that no further excavation or development may take place until a mitigation plan or other
corrective measures have been approved by the Director of Planning."
Prior to Issuance of Building Permit
16.
17.
A separate building permit shall be required for all signage.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
Provide a minirnum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
Provide an agronomic soils report with the construction landscape plans.
Detail of outdoor employee eating area. This area shall include a trellis with
appropriate vines to shade the outdoor employee break area, decorative furniture
b.
c.
d.
KID P\2004104-0472 Park Piace Office BldglDRAFT PC RESOLUTION AND COA,doc
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18.
19.
20.
21.
22.
23.
e.
and hardscape to match the style of the building subject to the approval of the
Planning Director.
One (1) copy of the approved grading plan.
Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinan<::e).
Total cost estimate of plantings and irrigation (in accordance with approved plan).
A landscape maintenance program shall be submitted for approval, which details
the proper maintenance of all proposed plant materials to assure proper growth
and landscape development for the long-terrn esthetics of the property. The
approved rnaintenance prograrn shall be provided to the landscape maintenance
contractor who shall be responsible to carry out the detailed program.
f.
g.
h.
All utilities shall be screened from public view. Landscape construction drawings shall
show and label all utilities and provide appropriate screening. Provide a 3' clear zone
around fire check detectors as required by the Fire Department before starting the
screen. Group utilities together in order to reduce intrusion. Screening of utilities is not
to look like an after-thought. Plan planting beds and design around utilities. Locate all
light poles on plans and insure that there are no conflicts with trees.
Proposed plantings and landscape layout at the monurnent sign located at the corner of
Winchester Road and Diaz Road shall match existing plantings and layout at the
monument sign located on the southwest corner of this same intersection.
An appropriate method for screening the gas rneters and other externally mounted utility
equipment shall be reviewed and approyed by the Planning Department.
The Planning Director shall approve the Construction Landscaping and Irrigation Plans.
Building plans shall indicate that all roof hatches shall be painted "International Orange".
The construction plans shall indicate the application of painted rooftop addressing
plotted on a 9-inch grid pattern with 45-inch tall nurnerals spaced 9-inches apart. The
numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow
paint applied over a contrasting background. The address shall be oriented to the street
and placed as closely as possible to the edge of the building closest to the street.
Prior to Building Occupancy
24.
25.
All required landscape planting and irrigation shall have been installed consistent with
the approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The
irrigation system shall be properly constructed and in good working order.
Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings, in accordance with the approved
construction landscape and irrigation plan shall be filed with the Planning Department for
one year from final certificate of occupancy. After that year, if the landscaping and
irrigation systern have been maintained in a condition satisfactory to the Director of
Planning, the bond shall be released upon request by the applicant.
KID P\2004104-O472 Pack Place Office BldglDRAFT PC RESOLUTION AND COA.doc
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26.
27.
28.
Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space at
a rninimum height of 80 inches from the bottom of the sign to the parking space finished
grade, or centered at a minimurn height of 36 inches from the parking space finished
grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each
entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly
and conspicuously stating the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons
with disabilities may be towed away at owner's expense. Towed vehicles
may be reclaimed by telephoning 909 696-3000."
In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Syrnbol of Accessibility in blue paint of at least
3 square feet in size.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this perrnit.
FIRE DEPARTMENT
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
29.
30.
31.
Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
The Fire Prevention Bureau is required to set a minimurn fire flow for the remodel or
construction of all commercial buildings per CFC Appendix liLA, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM
at 20 PSI residual operating pressure, plus an assurned sprinkler dernand of 400 GPM
for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow rnay be
adjusted during the approval process to reflect changes in design, construction type, or
autornatic fire protection measures as approved by the Fire Prevention Bureau. The Fire
Flow as given above has taken into account all information as provided. (CFC 903.2,
Appendix III-A)
The Fire Prevention Bureau is required to set minimurn fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 1 hydrants, in a combination of on-site and
off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection
and shall be located no more than 250 feet from any point on the street or Fire
Departrnent access road(s) frontage to a hydrant. The required fire flow shall be
available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B)
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9
32.
33.
34.
35.
36.
37.
38.
As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-site fire hydrants and rnains capable of supplying
the required fire flow shall be provided. For this project on site fire hydrants are
required. (CFC 903.2)
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until perrnanent
roads are installed. Temporary Fire Departrnent access roads shall be an all weather
surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
Prior to building final, all locations where structures are to be built shall have approved
Fire Departrnent vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 Ibs. GVW with a rninimum AC thickness of
.25 feet. (CFC sec 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accomrnodating fire apparatus. (CFC 902.2.2.4)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be signed by a registered ciyil engineer; contain a Fire Preyention Bureau approval
signature block; and conforrn to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot. (CFC
8704.3,901.2.2.2 and National Fire Protection Association 241-4.1)
39.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
40.
Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6)
inch high letters andlor numbers on both the front and rear doors. Single farnily
residences and multi-family residential units shall have four (4) inch letters and lor
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
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41.
42.
43.
44.
45.
46.
Prior to issuance of Certificate of Occupancy or building final, based on square footage
and type of construction, occupancy or use, the developer shall install a fire sprinkler
systern. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (CFC Article 10, CBC Chapter 9)
Prior to issuance of Certificate of Occupancy or building final, based on a requirement
for monitoring the sprinkler system, occupancy or use, the developer shall install an fire
alarm system rnonitored by an approved Underwriters Laboratory listed central station.
Plans shall be subrnitted to the Fire Prevention Bureau for approval prior to installation.
(CFC Article 10)
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the sprinkler riser door. (CFC 902.4)
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane
painting and or signs.
Prior to the issuance of a Certificate of Occupancy or building final, the
developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of cornbustible liquids, flammable liquids or any other
hazardous materials from both the County Health department and Fire Prevention
Bureau.(CFC 7901.3 and 8001.3)
Special Conditions
47.
48.
49.
Prior to issuance of a Certificate of Occupancy or building final a sirnple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire
prevention for approval.
The applicant shall cornply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105)
BUILDING AND SAFETY DEPARTMENT
50.
All design components shall corn ply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
The City of Temecula has adopted an ordinance to collect fees for a Riverside County
area wide Transportation Uniforrn Mitigation Fee (TUMF). Upon the adoption of this
ordinance on March 31, 2003, this project will be subject to payment of these fees at the
R:ID P\2004\O4-0472 Park Place Office BidgIDRAFT PC RESOLUTION AND COA,doc
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51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
time of building permit issuance. The fees shall be subject to the provisions of Ordinance
03-01 and the fee schedule in effect at the time of building permit issuance.
Submit at tirne of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Departrnent to ensure the payment or exemption from School
Mitigation Fees.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
Obtain street addressing for all proposed buildings prior to submittal for plan review.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1,1998)
Provide disabled access from the public way to the main entrance of the building.
Provide van accessible parking located as close as possible to the main entry.
Provide house electrical rneter provisions for power for the operation of exterior lighting,
fire alarm systems.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
Provide electrical plan including load calculations and panel schedule, plumbing
schernatic and mechanical plan for plan review.
Truss calculations that are stamped by the engineer of record and the truss
manufacturer engineer are required for plan review submittal.
Provide precise grading plan at plan check submittal to check accessibility for persons
with disabilities.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
65.
Trash enclosures, patio covers, light standards, and any block walls if not on the
approved building plans, will require separate approvals and permits.
66.
Show all building setbacks.
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67.
Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site
within one-quarter mile of an occupied residence.
Monday-Friday
Saturday
6:30 a.m. - 6:30 p.m.
7:00 a.m. - 6:30 p.m.
No work is permitted on Sunday or Government Holidays
DEPARTMENT OF PUBLIC WORKS
Unless otherwise noted, all conditions shall be cornpleted by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all
existing and proposed property lines, easements, traveled ways, irnprovernent constraints and
drainage courses, and their omission rnay require the project to be resubmitted for further
review and revision.
General Requirements
68.
69.
70.
71.
A Grading Permit for precise grading, including all on-site flat work and irnprovements,
shall be obtained frorn the Department of Public Works prior to commencement of any
construction outside of the City-maintained street right-of-way.
An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
All grading plans shall be coordinated for consistency with adjacent projects and existing
improvernents contiguous to the site and shall be submitted on standard 24" x 36" City of
Ternecula mylars.
The Developer shall construct public improvements in conformance with applicable City
Standards and subject to approval by the Director of the Department of Public Works.
a. Street improyements, which may include, but not limited to: drive approach,
storm drain facilities and sewer and domestic water systems.
Prior to Issuance of a Grading Permit
72.
73.
74.
A Grading Plan shall be prepared by a registered Ciyil Engineer and shall be reviewed
and approved by the Department of Public Works. The grading plan shall include all
necessary erosion control measures needed to adequately protect adjacent public and
private property.
The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to
the Director of the Department of Public Works with the initial grading plan check. The
KID P\2004104-0472 Park Piace Office BldglDRAFT PC RESOLUTION A!':~ COA.doc
13
75.
76.
77.
78.
79.
80.
report shall address all soils conditions of the site, and provide recomrnendations for the
construction of engineered structures and pavement sections.
The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storrn water runoff expected from this site
and upstream of this site. The study shall identify all existing or proposed public or
private drainage facilities intended to discharge this runoff. The study shall also analyze
and identify irnpacts to downstream properties and provide specific recomrnendations to
protect the properties and mitigate any impacts. Any upgrading or upsizing of
downstream facilities, including acquisition of drainage or access easements necessary
to rnake required improvements, shall be provided by the Developer.
NPDES - The project proponent shall irnplement construction-phase and post-
construction pollution prevention measures consistent with the State Water Resources
Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-
phase measures shall include Best Management Practices (BMPs) consistent with the
City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for
Erosion and Sediment Control, and the SWRCB General Permit for Construction
Activities. Post-construction measures shall be required of all Priority Development
Projects as listed in the City's NPDES permit. Priority Developrnent Projects will include
a combination of structural and non-structural onsite source and treatrnent control BMPs
to prevent contaminants from comrningling with storrn water and treat all unfiltered runoff
year-round prior to entering a storm drain. Construction-phase and post-construction
BMPs shall be designed and included into plans for submittal to, and subject to the
approval of, the City Engineer prior to issuance of a Grading Permit. The project
proponent shall also provide proof of a mechanism to ensure ongoing long-term
maintenance of all structural post-construction BMPs.
As deemed necessary by the Director of the Department of Public Works, the Deyeloper
shall receive written clearance from the following agencies:
a. Planning Department
b. Department of Public Works
c. Temecula Fire Prevention Bureau
The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or rnitigation charge has already
been credited to this property, no new charge needs to be paid.
Prior to Issuance of a Building Permit
Precise grading plans shall conforrn to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
R:\D P\2004\O4-0472 Park Piace Office Bldg\DRAFT PC RESOLUTION AND COA.doc
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81.
82.
83.
84.
85.
a.
Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimurn over
A.C. paving.
Driveways shall conform to the applicable City ofTemecula Standard No. 207A.
Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800.
Concrete sidewalks and ramps shall be constructed along public street frontages
in accordance with City of Temecula Standard No. 400.
Improvement plans shall extend 300 feet beyond the project boundaries.
All street and driveway centerline intersections shall be at 90 degrees.
b.
c.
d.
e.
f.
The Developer shall pay in fee for Y. rnedian along their frontage on Diaz Road. The
design and cost shall be approved to the satisfaction of the Director of Public Works.
The building pad shall be certified to have been substantially constructed in accordance
with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil
Engineer shall issue a Final Soil Report addressing compaction and site conditions.
The Developer shall pay to the City the Public Facilities Developrnent Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
The Developer shall record a written offer to participate in, and waive all rights to object
to the formation of an Assessment District, a Community Facilities District, or a Bridge
and Major Thoroughfare Fee District for the construction of the proposed Western
Bypass Corridor in accordance with the General Plan. The forrn of the offer shall be
subject to the approval of the City Engineer and City Attorney.
The Deyeloper shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implernenting
Chapter 15.08.
Prior to Issuance of a Certificate of Occupancy
86.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
87.
All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
88.
The existing irnprovements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Director of the
Departrnent of Public Works.
R:\D P\2004\O4-0472 Park Piace Office Bidg\DRAFT PC RESOLUTION AND COA.doc
15
COMMUNITY SERVICES DEPARTMENT
The TCSD has reviewed the Development Plan for the aforementioned project and has the
following Conditions of Approval:
General Conditions
89.
90.
91.
92.
The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
The Applicant shall comply with the Public Art Ordinance.
All parkways, landscaping, monumentation, fencing and on site lighting shall be
maintained by the property owner or maintenance association.
Prior to issuance of Building Permit
93.
Prior to issuance of building perrnits, the developer shall provide TCSD verification of
arrangements made with the City's franchise solid waste hauler for disposal of
construction debris.
OTHER AGENCIES
94.
95.
96.
The applicant shall comply with the recommendations set forth in the Rancho California
Water District's letter dated August 4, 2004, a copy of which is attached.
The applicant shall comply with the recornmendations set forth in the County of
Riverside Departrnent of Environmental Health's letter dated July 22, 2004, a copy of
which is attached.
The applicant shall comply with the recommendations set forth in the City of Temecula
Police Department's letter dated July 29,2004, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Cornmunity Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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16
@
RaI1cha
later
Boo",'¡arDirecto~
John E. Hoagl_d
P~i'¡an'
Caaha F. Ka
S" Viœ P~idan'
Stepheo J. Coro~
Ralph IL Daily
Ben R. Drake
Lisa D. He=an
Miehae' R. MeMill-
Offiœ~'
Brian J. Bea'¡y
G...eal Manag~
PhillipL.Forhea
Directo,ofFinaeœ.T,~,~~
E.P. "Boh" Lema~
Direeto, of Engin~rl""
Pa,.,.,. R. Lonek
Controll~
August 4, 2004
Cheryl Kitzerow, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
C,"..".._.~--'---:;~" r. .I,-~'
. i ,- 'I
. - II
,(¡ili í-. è',i ::!'.'
UU ' -. " !
I. '
SUBJECT:
WATER AND SEWER AVAILABILITY
PARK PLACE OFFICE BUILDING
PARCEL NO.1 OF PARCEL MAP NO, 21383
APN 909-310-001; PA04-0472
[MCARDLE ASSOCIATES]
Dear Ms, Clary:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water and sewer
service, therefore, would be available upon construction of any required on-site
and/or off-site water and sewer facilities and the completion of fmanciaI
arrangements between RCWD and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees
and requirements,
:;:,-::-ctM':':;:::;;;;"¡min~"ativo Water availability would be contingent upon the property owner signing an
Serne~Manag~ Agency Agreement that assigns water management rights, if any, to RCWD.
C. Miehae' CoweIt
Best Beat & Krieg" LLP
c.n~al CauMel The project should be conditioned to use recycled water for landscape irrigation.
Requirements for the use of recycled water are available from RCWD,
If you should have any questions, please contact an Engineering Services
R,epreser¡Þltiye aUhis.otfice.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
/n_1 () h -:JY2 J ¿-
I ~i~ ~eye~~J;¡/Z-
Development Engineering Manager
04\MM:atl 05\FCF
C:
Bud Jones, Engineering Project Coordinator
Laurie Williams, Engineering Services Supervisor
Raneh. Calirami. Wate, Dia'd..
42135 Win,h,,(e, Road' Po,' Offi," ßo> 9017 ' Tamœula. Califarni, 92589-9017 ' (9511296-.900' FAX (951)29.-."'"
ð.A D COL. 4Tv OF RIVERSIDE. HEALT. 3ERVICES AGENCY D
, ~~ ~ DEPARTMENT OF ENVIRONMENTAL HEALTH
I~, '¡c r'~' Ii' 'ì n,¡~ 17' '-'1'
'1¡~),:;,,':'L;i;'ccf:i';
July22,2004'I'i ¡,Ii!
i¡ ¡rU' JUL 2 7 2004 r ~ :1
~~ U¡
City of Temecula Planning Dep' ß'Tnt I
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Cheryl Kitzerow
RE:
Plot Plan No. PA04-0472
By
Dear Ms. Kitzerow:
Department of Environmental Health has reviewed the Plot Plan No. PA04-0472 to construct a 20,416
sq. ft. office building and has no objections. Water and sewer services should be available in this area.
1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING
SHOULD BE REQUIRED:
a) '~Will-serve" letters from the appropriate water and sewering districts.
Sincerely,
s~J~~ Health Specialist
(909) 955-8980
NOTE: Any current additional requirements not covered can be applicable at time of Building Plan
review for final Department of Environmental Health clearance.
-~~-
Local Enfo<cement Agency. PO, 80> 1280 Rive"ide, CA 92502.1280 . (909) 955.8982 ' FAX (909) 781-9653 . 4080 Lemon St",t, 9th Fionr, Riverside, Ch 92501
Land U.. and Water Engineering' PO, Bo, 1206. Riverside. CA 92502-1206 . (909) 955-8980 . FAX (909i 955-8903 . 4080 lemon St"et. 2nd Fioor Riv,"side, CÞ, 92501
TEMECULA POLICE DEPARTMENT
Crime Prevention & Plans Unit
28410 Old Town Front Street, Suite 105, Temecula, CA 92590
(951) 695-2773 Fax:, (951) ,506-5708
Date:
July 29, 2004
Project Number:
PA04-0472
Project Type:
Development Plan
Project Name:
Park Place Office
Project
Description:
A Development Plan to construct a 20,416 square foot office building on
1.2 acres located at the southwest corner of Diaz & Winchester Roads
Applicant:
Mc Ardle & Associates
Case Planner:
Cheryl Kitzerow
The following comments pertain to Officer Safety, Public Safety and Crime Prevention measures
regarding this planning project transmittal.
1.
Landscaping: Applicant shall ensure all landscaping surrounding the building are kept
at a height of no more than three feet (3') or below the ground floor windowsills. Plants,
hedges and shrubbery should be defensible plants to deter would-be intruders from
breaking into the building utilizing lower level windows.
a.
Applicant shall ensure all trees surrounding the building roof top be kept at a
distance so as to deter roof accessibility by "would-be burglars." Trees also act
as a natural ladder. Prune tree branches with at least a 6 feet clearance from the
building.
b.
Any burms should not exceed 3' in height.
c.
The placement of all landscaping should be in compliance with guidelines from
Crime Prevention through Environmental Design (CPTED) (See conditions item
#9 below),
2,
Lighting: All parking lot lighting surrounding the complex should be energy-saving and
minimized after hours of darkness and in compliance with the State of California Lighting
Ordinance, California Government Code 8565, Furthermore, recommend all exterior
lighting be in compliance with Mt. Palomar Lighting Requirements.
a,
Recommend all exterior doors have their own vandal resistant fixtures installed
above each door, The doors should be illuminated with a minimum one (1) foot
candle of light at ground level, evenly dispersed.
b,
The Governors Order to address the power crisis became effective March 18,
2001. This bill calls for a substantial reduction from businesses to cut usage
during non-business hours. The order, in part, states: "All California retail
establishments, including but not limited to shopping centers, auto malls and
dealerships, shall substantially reduce maximum outdoor lighting capability during
non-business hours except as necessary for the health and safety of the public,
employees or property."
c.
"Failure to comply with this order following a waming by law enforcement officials
shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in
accordance with section 8565 of the California Government Code."
3.
Hardware: Recommend all doors, windows, locking mechanisms, hinges, and other
miscellaneous hardware is commercial or institution grade.
4.
Graffiti: Any graffiti painted or marked upon the building should be removed or painted
over within twenty-four (24) hours of being discovered,
5.
Alarm System: Upon completion of construction, the building shall have a monitored
alarm system installed and rnonitored 24-hours a day by a designated private alarm
company, to notify the Temecula Police Department of any intrusion. All multi-tenant
offices/suiteslbusinesses located within a specific building should have their own alarm
system,
6.
Roof Hatches: All roof hatches should be painted "International Orange."
7.
Public Telephones: Any public telephones located on the exterior of the building should
be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature
to deter loitering. This feature is not required for public telephones installed within the
interior of the building.
8.
Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises
shall be marked in accordance with section 22511.8 of the California Vehicle Code.
9,
Crime Prevention through Environmental Design: The definition of Crime Prevention
through Environmental Design (CPTED) as developed by the National Crime Prevention
Institute (NCPI) at the University of Louisville as "the proper design and effective use of
the built environment can lead to reduction in the fear and incidence of crime, and an
improvement in the quality of life." The primary nine CPTED strategies are:
a.
Provide clear border definition of controlled spàce, Examples of border
definition may include fences, shrubbery of signs in exterior areas. Within
a building, the arrangement of furniture and color definition can serve as
means of identifying controlled space.
b.
Provide clearly marked transitional zones. Persons need to be able to
identify when they are moving from public to semi-public to private space,
c.
Relocation of gathering areas. Gathering areas or congregating areas
10.
need to be located or designated in locations where there is good
surveillance and access control.
d,
Place safe activities in unsafe locations. Safe activities attract normal
users to a location and subsequently render the location less attractive to
abnormal users due to observation and possible intervention.
e.
Place unsafe activities in safe locations. Placing unsafe activities in areas
of natural surveillance or controlled access will help overcome risk and
make the users of the areas feel safer.
f.
Redesignate the use of space to provide natural barriers. Separate
activities that may conflict with each other (outdoor basketball court and
children's play area, for example) by distance, natural terrain or other
functions to avoid such conflict.
g.
Improve scheduling of space. The timing in the use of space can reduce
the risk for normal users and cause abnormal users to be of greater risk of
surveillance and intervention.
h,
Redesign space to increase the perception of natural surveillance.
Abnormal users need to be aware of the risk of detection and possible
intervention. Windows and clear lines-of-sight serve to provide such a
perception of surveillance.
i.
Overcome distance and isolation. This strategy may be accomplished
through improved communications (portable two-way radios, for example)
and design efficiencies, such as the location of restrooms in a public
building.
Crime Prevention:
a.
All retailing businesses shall contact the California Retailers Association for their
booklet on the California Retail Theft Law at: California Retailers Association
1127-11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal
Code 490.5 affords merchants the opportunity to recover their losses through a
civil demand program.
b.
Business desiring a business security survey of their location can contact the
crime prevention unit of the Temecula Police Department.
c.
Employee training regarding retail theft, credit card prevention, citizen's arrest
procedures, personal safety, business security, shoplifting or any other related
crime prevention training procedures is also available through the crime
prevention unit.
d.
Any business that serves or sell any type of alcoholic beverages will comply with
all guidelines within the Business and Profession Codes and all other guidelines
associated with the State Department of Alcohol Beverage Control. Contact the
Temecula Police Department for inspections and training for both employees
and owners. This includes special events held at business location where
alcohol will be serviced for a fee and the event is open to the general public.
e.
The Temecula Police Department affords all retailers the opportunity to
participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for
inkless inkpads, retailers can take a thumbprint of every customer using a
personal check to pay for services. A decal is also posted on the front entry of
the business-advising customers of the "Inkless Ink program in use". If the
business becomes a victim of check fraud, the police department will be able to
track the suspect with the thumbprint.
Any questions regarding these comments shall be referred to the Temecula Police Department
Crime Prevention and Plans Officer at (951) 695-2773.
Lynn N. Fanene, Sr,
ATTACHMENT NO.3
EXCERPT FROM DRAFT PLANNING COMMISSION MINUTES (DECEMBER 15, 2004)
R:ID P12004104-0472 Park Piace Office BidglCC Staff Report-1,doc
5
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
DECEMBER 15, 2004
DRAFT
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:14 P.M., on
Wednesday, December 15, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Comrnissioner Olhasso led the audience in the Flag salute.
ROLL CALL
Present:
Comrnissioners Chiniaeff, Olhasso, and Chairman Telesio.
Absent:
Guerriero and Mathewson.
5
Plannina Application No. PA04-0472 , a Development Plan, submitted by McArdle
Associates Architects, to desian and construct a 20.416 square foot two-storv office
buildina on a 1.21 acre site in the Liaht Industrial (LI) zone, located at the southwest
corner of Winchester Road and Diaz Road
Associate Planner Kitzerow presented a staff report (of record), noting the following:
That staff has reviewed the proposed Development Plan and has determined that the
project is in conformance with the Development Code, Design Guidelines and all
applicable City ordinances
. That the project has been determined to be exempt from CEQA and as an infill
development under five (5) acres and that staff is recommending that the Planning
Commission recommend that the City Council approve the Development Plan
. That staff is also adding a Condition of Approval regarding: Prior to Issuance of a
Grading Permit (see staff report).
R:\MinutesPC\121504
Commissioner Chiniaeff queried if staff has concerns with the project being pushed-up into the
corner of Diaz and Winchester Road.
For Commissioner Chiniaeff, Ms. Kitzerow relayed that staff would prefer to have the building
with enhanced corner treatments and that the existing signage will remain rather than have a
portion of the driveway or paving along the frontage.
At this tirne, the Public Hearing was opened.
Mr. Ed McArdle, architect for the proposed project clarified that in regard to the building pushed
up into the corner; that access was not allowed from the main road along Diaz; that the only
access would be from Winchester at the rear of the property which would dictate the site plan;
that the parking in the back will be screened and that there will be no street parking along
Winchester Road.
For Mr. Mc Ardle, Cornmissioner Olhasso expressed excitement with the proposed property.
At this time, the Public Hearing was closed.
MOTION: Commissioner Chiniaeff moved to approve staff's recommendation subject to the
addition of a condition regarding: Prior to Issuance of a Grading Permits, as recommended by
staff (see staff report). Commissioner Olhasso seconded the motion and voice vote reflected
approval with the exception of Commissioner Guerriero and Mathewson who were absent.
R:\MinutesPC\121504
2
ITEM 12
APPROVAL
CITY ATTORNEY
DIRECTOR OF FIN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
?4Ssusan W. Jones, City Clerk/Director of Support Services
February 8,2005
DATE:
SUBJECT:
Selection of City Council Committee Assignments
PREPARED BY:
Cheryl Domenoe, Administrative Assistant
RECOMMENDATION:
1.
Appoint a member of the City Council to serve as liaison to each of the City Commissions and
Committees:
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
PubliclTraffic Safety Commission
2.
Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisory Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee
Finance Committee
Joint City CouncillTVUSD Committee
Library Task Force
Old Town Temecula Community Theater Ad Hoc CommitteelTheater Advisory Committee
Public Works/Facilities Committee
Agenda Reports/Committee Assi9nments 2005
3,
Appoint member(s) of the City Council to serve on each of the following external committees:
Representative Assianments (External Organizations)
Animal Friends Liaison/JPA Representative
French Valley Airport Committee (proposed deletion)
League of Calif. Congress - 2005 Voting Delegates
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2005 Voting Delegate
Pechanga Tribal Council Liaison
Riverside County Habitat Conservation Agency (advisory only)
Riverside County Transportation Commission
Riverside Transit Agency Representatiye
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG/RCA Representative
4.
Appoint member(s) of the City Council to serve on each of the following Council Subcommittees:
Council Subcommittees
Cable Franchise Renewal Committee
Campus Project Ad Hoc Council Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Heritage Tree Subcommittee (added January 2005)
Homeless Shelter Ad Hoc Subcommittee (proposed addition)
Old Town Civic Center Ad Hoc Subcommittee
Open Space Subcommittee
Ronald Reagan Sports Park Ad Hoc Subcommittee
SAF-T NET Subcommittee
Technology Ad Hoc Subcommittee
Telecommunications Ad Hoc Subcommittee
Temecula Hospital Ad Hoc Subcommittee
TemeculalMurrieta Subcommittee
Veteran's War Memorial (proposed deletion)
Villages of Old Town Ad Hoc Committee
Wall of Honor Ad Hoc Subcommittee
Zone Committee (relating to TUMF Program for WRCOG)
5.
Review the current members of the General Plan Community Advisory Committee and
appoint new members as appropriate:
General Plan Community Advisorv Committee - This Committee is due to be
completed, per Resolution No. 01-87, on February 2, 2005, when the Planning
Commission begins formal hearings.
1 Planning Commissioner - David Matthewson
1 Public Traffic Safety Commissioner - Darrell Connerton
1 Community Services Commissioner - Jim Meyler
5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John Telesio
1 Representative of the Chamber of Commerce - Janese Reyes
1 Representative of the EDC - Gary Youmans
1 Representative of a local environmental or community organization - Bob Wheeler
Agenda Reports/Committee Assignments 2005
2
BACKGROUND: The City Council has established the policy of appointing one of its members to
serve as liaison to each of the City commissions and committees. This policy also included appointing
council members to serve as the Council's representatives to external organizations and on a number of
Council ad-hoc sub-committees. These members will serve through calendar year 2005.
Attached for your convenience is a list of the Committee Assignments fOr 2004.
ATTACHMENTS:
2004 Committee Assignments List
Agenda Reports/Committee Assignments 2005
TEMECULA CITY COUNCIL
2004 Committee Assianments
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redeyelopment Advisory Committee
Planning Commission
PubliclTraffic Safety Commission
Advisory Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee'
Finance Committee'
Joint City CouncillTVUSD Committee'
Library Task Force
Old Town Temecula Community Theater Ad Hoc CommitteelTheater
Advisory Committee
Public Works/Facilities Committee'
. These meetings must be noticed at least 72 hours in advance.
Representative Assianments (External Organizations)
Animal Friends Liaison/JPA Representative
French Valley Airport Committee
League of Calif Congress - 2004 Voting Delegates
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2004 Voting Delegate
Pechanga Tribal Council Liaison
Riverside County Habitat Conservation Agency (advisory only)
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG/RCA Representative
Council Subcommittees
Cable Franchise Renewal Committee
Campus Project Ad Hoc Council Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Heritage Tree Subcommittee (New committee from 1/11/05 meeting)
Old Town Ciyic Center Ad Hoc Subcommittee
Open Space Subcommittee
Ronald Reagan Sports Park Ad Hoc Subcommittee
SAF-T NET Subcommittee (also Connerton)
Technology Ad Hoc Subcommittee
Telecommunications Subcommittee
Temecula Hospital Ad Hoc Subcommittee
Temecula/Murrieta Subcommittee
Veteran's War Memorial
Villages of Old Town Ad Hoc Committee
Wall of Honor Ad Hoc Subcommittee
Zone Committee (relating to TUMF Program for WRCOG)
Lists\City Council Committee Assignments for 2004
Washington
Roberts
Comerchero
Naggar
Stone
Naggar, Stone
Roberts, Comerchero
Naggar, Stone
Roberts, Washington
Stone, Roberts
Comerchero, Washington
Roberts, Stone
Naggar
Washington
Naggar, (Alternate Comerchero)
Stone
Naggar, (Alternate Comerchero)
Roberts (Alternate Stone)
Steve Brown
Roberts, (Alternate Comerchero)
Comerchero, (Altemate Washington)
Stone
Naggar, Washington
Washington, (Alternate Stone)
Comerchero
Naggar, Washington
Comerchero
Naggar, Comerchero
Roberts, Washington
Comerchero, Roberts
Naggar, Stone
Naggar, Roberts
Stone
Washington
Roberts, Stone
Naggar, Comerchero
Naggar, Washington
Stone, Comerchero
Roberts, Naggar
Stone, Comerchero
Roberts (alternate Naggar)
Weed Abatement Appeals Board
Two Persons - Chairpersons of PubliclTraffic Safety Commission & Community Services Commission
General Plan Community Advisory Committee
1 Planning Commissioner - David Matthewson
1 Public Traffic Safety Commissioner - Darrell Connerton
1 Community Services Commissioner - Jim Meyler
5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John Telesio
1 Representative of the EDC - Gary Youmans
1 Representative of a local environmental or community organization - Bob Wheeler
1 Representative of the Chamber of Commerce - Janese M. Reyes
Community Little Book
27430 Enterprise Circle West #101, Temecula 92590
695-1928
ListslCity Council Committee Assignments for 2004