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Home My WebLink About052405 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 24,2005 - 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. Next in Order: Ordinance: No. 2005-06 Resolution: No. 2005-52 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: The Arts Council Piano Competition Recipients Invocation: Pastor Franklin of Living Word Church Flag Salute: Councilwoman Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENT A TIONS/PROCLAMA TIONS Certificates of Achievement to CraiQ Brown and Matthew Duvall for attaininq the rank of Eaqle Scout Certificates of Achievement to the Arts Council Piano Comoetition recioients R:\Agenda1052405 1 Water Awareness Month Proclamation CVAC Interchanqe Enhancement and Landscape Maintenance Countv Plannina Director Robert Johnson at the request of Councilman Naggar PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: 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 R:\Agenda1052405 2 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of April 26, 2005. 4 Financial Statements for the nine months ended March 31, 2005 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 2005; 4.2 Approve a budget transfer of $85,000 to Winchester Road Widening from Main Street Bridge. 5 Sales Tax Audit and Recoverv Aqreement RECOMMENDATION: 5.1 Approve the Sales Tax Consulting Services and Recovery Audit Agreement with Hinderliter De Llamas and Associates for a term not to exceed three years and for an amount not to exceed $4,200 annually and a 15% finder's fee on recovered sales tax. 6 Memorandum of Understandinq RECOMMENDATION: 6.1 Approve the Memorandum of Understanding (M.O.U.) between the City and the represented employees of the California Teamsters Public, Professional, and Medical Employees Union Local 911. 7 Consideration of Aqreement with Volunteer Center of Riverside Countv for Provision of "211" Social Service Referral Assistance RECOMMENDATION: 7.1 Authorize the City Manager to execute an agreement between the Volunteer Center of Riverside County and the City of Temecula for the provision of information and referral services through a toll-free or "211" number in the amount of $10,069.80. 8 Consideration of additional Sponsorship Fundinq for the 2005 Temecula Val/ev International Jazz Festival RECOMMENDATION: 8.1 Approve an amendment to the City's Agreement with the Musicians Workshop to provide an additional $10,000 in funds for the 2005 Temecula International Jazz Festival. R:\Agenda1052405 3 9 Jefferson Avenue Pavement Rehabilitation - Phase II - Proiect No. PW02-26 - additional funds due to Remediation of Subarade RECOMMENDATION: 9.1 Increase the project contingency and the City Manager's contract change order approval limits by $230,000 above the previously approved 10% contingency for the Jefferson Avenue Pavement Rehabilitation - Phase II Project- Project No. PW02- 26; 9.2 Authorize a transfer from the Pavement Rehabilitation Program fund in the amount of $230,000 to the Jefferson Avenue Pavement Rehabilitation - Phase II Project. 10 Pechanqa Parkwav Storm Drain Improvements - Proiect No. PW99-11 CH RECOMMENDATION: 10.1 Approve contract change order No. 8 to the existing contract with Road Builders, Inc. in the amount of $330,969.87 for the construction of a paved maintenance/access road from Loma Linda Road to Deer Hol/ow Road, the removal of the existing bridge at Loma Linda Road east of Pechanga Parkway, and the removal of the last section of the existing box culvert at Wolf Valley Road. 11 Authorization of Loma Linda Road Street Closure RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY THREE-WEEK STREET CLOSURE OF LOMA LINDA ROAD BETWEEN TEMECULA LANE AND PECHANGA PARKWAY FOR THE REMOVAL OF THE EXISTING LOMA LINDA ROAD BRIDGE OVER THE OLD WOLF VALLEY CREEK CHANNEL, LIMITED TO BETWEEN JUNE 20 AND AUGUST 12, 2005 AND AUTHORIZING THE CITY ENGINEER TO APPROVE A TRAFFIC CONTROL PLAN FOR THIS SPECIFIC CLOSURE 12 Authorize Temporarv Street Closures for the Street Paintinq Festival in Old Town (Main Street between Murrieta Creek and the easterlv terminus of Main Street at Interstate 15) RECOMMENDATION: 12.1 Adopt a resolution entitled: R:\Agenda1052405 4 RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CLOSURE OF A PORTION OF MAIN STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPEqlFIC SPECIAL EVENT "'~ 13 Completion and Acceptance of the Old Town Southern Gatewav Landscapinq - Proiect No. PW02-20 RECOMMENDATION: . 13.1 Accept the construction of the Old Town Southern Gateway Landscaping - Project No. PW02-20 - as complete; 13.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 13.3 Release the Labor and Materials Bond seven months after the filing of the Notice of Completion if no liens have been filed. 14 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Diaz Road Realiqnment (Phase 11) Proiect No. PW95-27 RECOMMENDATION: 14.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Diaz Road Realignment - Phase 11- Project No. PW95-27. 15 Approval of the Plans and Specifications and authorization to solicit Construction Bids for Traffic Siqnallnstallation SR79 South at Countrv Glen Wav Proiect No. PW04-09 RECOMMENDATION: 15.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installation - SR79 South at Country Glen Way - Project No. PW04-09. R:\Agenda1052405 5 16 French Vallev Parkwav/l-15 Overcrossino and Interchanqe Improvements - Proiect Report Preparation - Proiect No. PW02-11 - French Val/ev Parkwav Interim Southbound Off-Ramp to Jefferson Avenue - Phase I Amendment to a Consultino Aoreement RECOMMENDATION: 16.1 Approve Amendment No. 1 to the agreement with Moffatt & Nichol Engineers in an amount not to exceed $710,553.40 to provide the necessary design services to finalize the Project Report (PR), Environmental Documents (ED), and to complete the design (Plans, Specifications, and Estimate) for the French Valley Parkway/l-15 Interim Southbound Off-Ramp to Jefferson Avenue, the widening of the Southbound Off-Ramp at Winchester Road, and adding an auxiliary lane; 16.2 Authorize the Mayor to execute the amendment to the agreement. 17 Second Readinq of Ordinance No. 05-05 (Businesses Sellinq Alcoholic Beveraqes) RECOMMENDATION: 17.1 Adopt an ordinance entitled: ORDINANCE NO. 05-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO REGULATE LIQUOR STORES AND SIMILAR USES AND TO FURTHER CLARIFY OTHER REQUIREMENTS FOR BUSINESSES SELLING ALCOHOLIC BEVERAGES . (PLANNING APPLICATION NO. 04-0594) ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY ****.*************** R:\Agenda1052405 6 Next in Order: Ordinance: No. CSD 2005-01 Resolution: No. CSD 2005-15 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, 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 fil/ed out and filed with the City Clerk. When you are cal/ed to speak, please come forward and state your name for the record. For al/ 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 cal/ed to speak, please come forward and state vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 10, 2005. 2 Financial Statement for the nine months ended March 31. 2005 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 2005. 3 TCSD Proposed Rates and Charqes for FY2005-2006 RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Agenda1052405 7 RESOLUTION NO. CSD OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 4 Redhawk Annexation Median Maintenance RECOMMENDATION: 4.1 Approve the agreement between the City of Temecula Community Services District (TCSD) and the Redhawk Homeowners' Association (HOA) for reimbursement of utility costs associated with irrigation of landscaped medians in the Redhawk community. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 14, 2005, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1052405 8 Next in Order: Ordinance: No. RDA 2005-01 Resolution: No. RDA 2005-03 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are cal/ed to speak, please come forward and state vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 10, 2005. 2 Financial Statements for the nine months ended March 31. 2005 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 2005. 3 Status Update on the Temecula Education Center RECOMMENDATION: 3.1 Receive and file. R:\Agenda1052405 9 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 14, 2005, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1052405 10 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. 18 Automobile and Truck Dealership Promotional Events (PA No. 05-0047) RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. OS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS TO CHANGE THE MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE AUTO MALL AREA AND TO ALLOW LARGER FREESTANDING TENANT IDENTIFICATION SIGNS FOR AUTOMOBILE AND TRUCK DEALERSHIPS (PLANNING APPLICATION NO. PA05-0047) 19 Consistencv Rezoninq Ordinance (PA No. 05-0085) RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. OS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA NO. 05-0085) 20 Weed Abatement Lien Resolution for FY 2004-2005 RECOMMENDATION: 20.1 Adopt a resolution entitled: R:\Agenda1052405 11 RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2004-2005 DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, June 14, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1052405 12 PROCLAMA TIONS AND PRESENTATIONS .... ~ oS ~ == t1 ~ ;:.. == .~ ~ij ~~ o~ ..... ~ u ~ ~ ~ ~~ E-;;;l: ~ ~ :: <:u ~ ~ C) '-J ~~ ;:::: ..... ~ :: ~ ~ ~ ~ "- . <:u O'~ .c. g G 0.0 <:u .:: ~"S ..... :: "O'~ :--~ ti ;:::: :: C) ;:::: <:u a~ .c. cJ <:u ~ ~ ~ ~ .~~ ~~ u ~ ~ :t:t: ~ .8 "'d = e 0- QJ . I-< fJl cd..... ~5 ;;>] .fJl ........... =- 8 S' CI':J 0 QJ U "5hU cd cd ~ ~ <+-<E ~cE ~ fJl cd ...... I-<.J::: .s .S fJl Ol)fJl .S tl .~ ~ QJ fJl U s:: ~ .l:l ~.J::: O.J::: ..... fJl ~ ...... 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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 $4,278,868.89. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 24th day of May, 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 meeting of the City Council of the City of Temecula on the 24th day of May, 2005 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2005/Resos 05- 2 I I I CITY OF TEMECULA LIST OF DEMANDS 05105/05 TOTAL CHECK RUN: 05112/05 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 05124/05 COUNCIL MEETING: 05105105 TOTAL PAYROLL RUN: DISBURSEMENTS BY FUND: CHECKS: 001 140 165 190 192 193 194 196 210 280 300 320 330 340 460 470 473 001 165 190 192 193 194 280 300 320 330 340 GENERAL FUND COMMUNITY DEV BLOCK GRANT RDA DEV-LOW/MOD SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL 'B' STREET LIGHTS TCSD SERVICE LEVEL 'C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL 'D" REFUSE/RECYCLING TCSD SERVICE LEVEL L LAKE PARK MAINT. CAPITAL IMPROV PROJECT FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CFD 88-12 DEBT SERVICE RESERVE FUND HARVESTON CFD 01-2 DEBT SERVICE FUND CROWNE HILL CFD 03-1 DEBT SERVICE FUND GENERAL FUND RDA DEV-LOW/MOD SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSO SERVICE LEVEL "B' STREET LIGHTS TCSO SERVICE LEVEL "C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "D" REFUSE/RECYCLING REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: PREPARED BY RETA.WESTON, ACCOUNTING SPECIALIST j;J~~du "","o~.rn~o> ,,~, SHAWN NELSON, CITY MANAGER $ 1.368.006.09 5,000.00 19.471.70 99.732.43 40,867.31 11,165.28 830.97 420.00 930,105.12 914,337.83 3,276.90 38.953.27 11,820.13 16.571.34 1.500.00 446,734.45 2.125.00 $ 3.110.909.40 257,494.75 5.672.19 64,044.54 107.77 4.806.44 705.25 2,534.31 1.145.67 21.388.70 3,286.54 6.764.91 800,008.42 367,951.07 $ 4,278,868.89 $ 3.910,917.82 367.951.07 $ 4,278,868.89 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. J HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. apChkLst Final Check List Page: 1 05/05/2005 12:59:49PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 494 05105/2005 000444 INSTATAX (EDD) State Disability Ins Payment 17.875.64 17.875.64 495 05105/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 68.910.17 68,910.17 496 05/0512005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19.618.98 19.618.98 497 0510512005 000246 ~~~~ ~M!,L9YEES' PERS ER Paid Member Contr Payment 98.511.22 98.511.22 . 498 05105/2005 000389 U S_C_ M.",,~~T-'9..s~),__ OBRA. Project Retirement Payment 2,322.24 2.322.24 499 05105/2005 000245 PERS - HEALTH INSUR PREMIUM PEAS Health Admin Cost Payment 61.060.20 Blue Shield HMO Payment 0.00 61.060.20 500 05105/2005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,723.29 Child Care Reimbursement Payment 0.00 7.723.29 99265 0510512005 004594 2 HOT ACTIVEWEAR Unifonn:Deputy J Woodland:PD 845.84 Credit:Ovrchgd Uniform:Police .205.75 640.09 99266 05/05/2005 003552 AFLAC AFLAC Cancer Payment 1,959.50 1.959.50 99267 05105/2005 004064 ADELPHlA Apr/May high speed internet svcs 46.95 46.95 99268 05/05/2005 004446 AMERICAN SOCIETY OF CIVIL Mb: Mayra De La Torre 27251173 240.00 240.00 99269 0510512005 008788 AMERICANS FOR THE ARTS Membership: Martin Betz 50.00 SO.OO 99270 05105/2005 000101 APPLE ONE INC Temp help PPE 4/9 Kasparian 648.00 Temp help PPE 4/16 Barochiere 148.50 Temp help PPE 4/16 Gonzales 94.50 891.00 99271 0510512005 001323 ARROWHEAD WATER INC Bottled wtr sves @ City Hall 542.13 Bottled wtr sves @ CRC 48.23 Bottled wtr sves @ Mnte Fae 39.86 Bottled wtr sves @ T.Museum 35.75 Bottled wtr svcs @ TCe 32.38 Bottled w1r sves @ Skate Park 17.02 Bottled w1r sves @ TES Pool 9.69 725.06 99272 0510512005 005335 ARTIST TOUCH STUDIO Photograph of Japan Garden 46.06 46.06 Page:l apChkLst 05/05/2Il05 12:59:49PM (Continued) Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 99273 05105/2005 002648 AUTO CLUB OF SOUTHERN 99274 0510512005 003466 BASKET & BALLOONS TOO! 99275 05105/2005 002381 BEAUDOIN, LINDA 99276 05/0512005 008783 BROWN. KEVIN R. 99277 05/0512005 002363 C CPO A 99278 05105/2005 003138 CAL MAT 99279 05/0512005 000484 CALIF ASSN FOR LOCAL 99280 05/0512005 005116 CALIF DEPT OF STATE 99281 0510512005 000152 CALIF PARKS & RECREATION 99282 05105/2005 004971 CANON FINANCIAL SERVICES, Final Check List CITY OF TEMECULA Page: 2 Description Amount Paid Check Total Membership: Bruce Wedeking 88552336 Membership: Steven Sterling 88552252 Membership: Matt Wiechec 88552195 Membership: Kevin Harrington 88552229 46.00 46.00 46.00 46.00 184.00 Eco Oevel Promotional gift baskets 4 R Kids Sake Promotional gift basket Sympathy basket for Hiatt Family 4 A Kids Sake Promotional gift basket 438.95 100.00 100.00 55.00 693.95 Retirement Medical Payment 598.10 598.10 Refund:Grading Depst:27247 Madison Ave 995.00 995.00 Membership: Lynn Fanene 30.00 30.00 PW patch truck materials 1,327.47 1,327.47 RegistCALED Cf:3123-25:Wolnick 495,00 495.00 Preparation of 03104 Street Rept 1,356.80 1.356.80 Mb: Herman Parker 019942 415.00 125.00 540.00 Mb: Cathy McCarthy 004842 May copiers lease: Stn 83rr.Mus.lFront May copiers lease:Stn 73 & CRC May copier lease: Fire Stn 12 347.97 328.63 69.96 746.56 99283 0510512005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 147.00 147.00 3,626.13 3.626.13 99284 0510512005 003739 COTTON BRIDGES ASSOC!ATES 2/26.411/05 General plan update 99285 05/05/2005 002990 DAVID TURCH & ASSOCIATES 99286 0510512005 003945 DIAMOND ENVIRONMENTAL 99287 05105/2005 007865 DIETERICH INTERNATIONAL Apr/May Federal lobbyist svcs 6,000.00 6.000.00 Comm.clean-up portable toilet rental Portable restroom: Riverton Prk Portable restroom: Vail Ranch Prk Portable restroom: Veterans Prk Portable restroom: Lg Cnyn Prk 95.55 58.04 58.04 58.04 58.04 327.71 PW Mntc Vehicle Buzzer 43.94 43.94 Page2 apChkLst 05/05/2005 12:59:49PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99288 05/0512005 005692 ELMO, ANTHONY Reimb:CALBO Mtg:2128-3103l05 277.58 277.58 99289 05/0512005 008781 ESTRADA, JAVIER Refund: Security Depst MPSC 150.00 150.00 99290 05/05/2005 008784 FIRE ENGINEERING Fire magazine subscription: 1yr 19.95 19.95 99291 0510512005 005983 FIREFIGHTERS BOOKSTORE Required Medical books: Stn 92 411.80 411.80 Page:3 apChklst 05/05/2005 12:59:49PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 99292 05/05/2005 003347 FIRST BANKCARD CENTER B N I PUBLICATIONS INC AMERICAN AIRLINES INn FEDERATION FOR SOUTHWEST AIRLINES HYATT R M S FOUNDATION INC SOUTHWEST AIRLINES PICK-UP STIX HERTZ RENT-A-CAR CONSULTING ENGINEERS & BEST WESTERN HYATT AMERICAN PLANNING PECHANGA RESORT & CASINO SOUTHWEST AIRLINES OLD TOWN DINING LLC BECKHAM GRILL LAKE ARROWHEAD RESORT BEST WESTERN BEST WESTERN YARD HOUSE BLACK ANGUS BLACK ANGUS ORIGINAL ROADHOUSE GRILL DOMINO'S PIZZA MEXICO CHIQUITO WESTIN HOTEL, THE SOUTHWEST AIRLINES Final Check list CITY OF TEMECULA (Continued) Description AE Manuals: 'OS Cal Elect Code RR Airfare for conference GT RegistlFHP Conf:5122-2S:Thomhill GY Air:ORC '05:5116-18:AdamsJHaget RR Hotel:APTA Comm. Rail Cf:411.3 HP Queen Mary:Sr Excursion GT Air:IFHP Conf:5I22-25:Thomhitl DU Refrshmnts:Planning Comm Mtg RR Car Rental:Redding's City Halt Tour DU Books:5 Ceqa Guidelines GT Hotel:Redding's City Hall:SB/GT RR Holet:Public Safety:416-7/05 GT RegistCommunities Sem:311 5:3 staff GY Refrshmnts:State of the City Address GT Air:AEP Conf:5121-23:Hogan GT Refreshments:Civic Ctr Consultants DU Meal:Planner's Institute:4/13-14 GY H01el:Management Retreat3117 JC Hotel:Redding's City Halt Tour RR Hotel:Redding's City Hall Tour DU Meal:Planner's Institute:4/13.14 DU Refrshmnts:lnterview panel GY Refrshmnts:Business Mtg AE Refrshmntlnterview panel Sr Inspect. DU Refreshment:Wrkg staff lunch mtg GT Bank charges DU Refreshments:Planning Comm. Mtg DU Meal:Planner's Institute:4/13-14 RR Airfare:Public Safety:4/6-7/05 Page: 4 Amount Paid Check Total 2,261.30 631.05 415.87 401.80 321.60 251.98 217.30 202.03 194.84 183.89 173.80 161.32 150.00 130.92 116.90 98.86 98.38 95.23 86.90 86.90 85.46 71.59 56.97 47.32 45.46 42.92 42.28 41.70 38.00 Page:4 apChkLst 05/05/2005 12:59:49PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor EL POLLO LOCO TEMECULA VALLEY CHAMBER ONTARIO AIRPORT TEMECULA VALLEY CHAMBER APPLEBEE'S NEIGHBORHOOD GAMBLE HOUSE, THE VEGA GROUP, THE 99293 05/0512005 004239 FISHER SEHGAL YANEZ INC 99294 0510512005 008790 FISHER, JEFF 99295 05105/2005 002982 FRANCHISE TAX BOARD 99296 05105/2005 004178 FREEDOM SIGNS 99297 05/0512005 008787 GARLAND, CHRIS 99298 0510512005 002819 GARWIN & CHAN ASSOCIATES 99299 05/05/2005 005998 GLAZE RANKIN. SUSAN 99300 05/0512005 000177 GLENNIES OFFICE PRODUCTS Final Check List CITY OF TEMECULA (Continued) Description GY Refrshmnts:State of the City Address AE Bank charges AE RegistState of the City Address RR Prkg:Public Safety:4/6-7/05 GT RegistState of the City:Telesio GY Refrshmnts:EE Exit interview DU Tour:Planner's Institute:4/13-14 GT Refund:APA registC.Damko Reimbursable: Community theater Reimb:Narcotics Trng:4/3-15/05 Support Payment Case # 452379267 Fac Impr Prgm: Optimum Health Care Refund: Sports - BB Mens League DVD & Audio Cassette Tapes: IS EntertainmentBluegrass Festival Office supplies:TCSDfT.MuseumlCity Hall F.I.T.prgm supplies/Office supplies:TCSD Office Supplies: Central Services Office Supplies:Code Enforcement 99301 05/05/2005 001609 GREATER ALARM COMPANY INC May-Jul Alarm svcs:Police storefront 99302 05/05/2005 005056 GUTIERREZ, BETH Reimb:CIP Eng interview panel refshmts 99303 05105/2005 005199 HAZEN. DON 99304 05105/2005 001135 HEALTHPOINTE MEDICAL 99305 0510512005 002107 HIGHMARK INC Reimb:Planner's Institute:4113-14 New EE physicals & drug screenings Voluntary Supp Ufe Insurance Payment Page: 5 Amount Paid Check Total 36.35 35.00 30.00 30.00 30.00 24.32 23.00 -114.00 6.847.04 104.13 104.13 1.190.69 1,190.69 75.00 75.00 2,074.19 2,074.19 50.00 so.oo 520.43 52Q.43 500.00 500.00 867.42 586.45 142.09 93.05 1,689.01 87.00 87.00 52.69 52.69 12.00 12.00 180.00 180.00 638.70 638.70 PageS apChkLst . Final Check list Page: 6 05/OS/2005 12:59:49PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99306 05/05/2005 005748 HODSON. CHERYL A. Support Payment 23.38 23.38 99307 0510512005 007767 I C COMPOUND COMPANY PW patch truck materials 666.15 666.16 99306 05/05/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9.036.69 9,036.69 99309 05/0512005 008679 IVCI Video Conf System:lnf System 6,5t8.92 6,518.92 99310 05/0512005 004624 INGERSOlL-RAND EQUIPMENT Patch Truck Roller repairs & parts 1.242.62 Patch Truck Roller repairs & parts 188.tO 1,430.72 99311 0510512005 00t35t INLAND EMPIRE TOURISM Official 2006 CA Visitor's Guide Ad 4,589.92 4,569.92 99312 0510512005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 269.38 269.36 99313 05/05/2005 008782 JEFFERSON PARTNERS INC Refund:Prmt Ovrpmt:27226 Via Indust. 250.00 Refund:Prmt Ovrpmt:41900 Winchester 250.00 500.00 99314 0510512005 002575 JONES. SUSAN W. Reimb:'05 CCAC Annual Conf:4/19-22 248.43 246.43 99315 05105/2005 006379 JULIAN CHARTER SCHOOL Refund: Security Depst: TCC 5/13/05 267.00 Refund: Security Depst Overpayment 3.00 270.00 99316 05105/2005 008786 JUNGLETOY LLC Fac impr prgm: Permit fees PA05-0074 135.00 135.00 99317 05105/2005 000820 K R W & ASSOCIATES Mar Engineering plan check svcs 6.090.00 6,090.00 99318 0510512005 008789 KAFFKA. JAMES Reimb:Narcotics Trng:413-15/05 1,192.14 1,192.14 99319 0510512005 005988 KEEFER. BRIAN P. Reimb: Fac impr prgm-Permit Fees 135.00 135.00 99320 05/0512005 004051 LOR GEOTECHNICAL GROUP Geotech Svcs:Pechanga Pkwy Phase II 4.297.50 Geotech Svcs:Pechanga Pkwy Phase II 1.332.50 5.630.00 99321 0510512005 008765 LAQUINDANUM, MARK Refund: Sports-BB Mens League 50.00 50.00 99322 05/05/2005 008591 LARDNER. CYNTHIA Refund: Security Depst MPSC 150.00 150.00 99323 05105/2005 004776 M P SIGNS lettering removal on Fire Prev vehicle 70.00 70.00 PageS apChkLsI 05/05/2005 12:59:49PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99324 0510512005 008716 MAGEE, BILL entertainment: Painted ParasollBlues 750.00 7SO.00 99325 05/05/2005 000394 MAINTENANCE 7/1/05-6/30/06 membership:BH/BB/RW 120.00 120,00 99326 05/0512005 000394 MAINTENANCE MSA TrainingITrade Show:5116105 50.00 SO.OO 99327 0510512005 004141 MAINTEX INC custodial supplies: Senior Center custodial supplies: Old Town 377.94 347.60 725.54 99328 0510512005 008799 MAJEWSKI TRUST Refund:Eng Opst: 27525/27531 Ent. Gir. 995,00 995.00 99329 05/0512005 001967 MANPOWER TEMPORARY Temp help wle 04110 JD/JG/JHlDH Temp help w/e 04/17 JD/JG/JHlDH Temp help wle 04103 JD/JG/JHlDH 4,016.40 3.738.28 1,653.46 9,608.16 99330 05105/2005 005114 MCCARTHY, CATHY Reimb: '05 CPRS Conf: 3/9-13/05 206.60 206.60 99331 0510512005 006571 MELODY'S AD WORKS reimb exps: Painted ParasoVBlues Fest. 137.00 137.00 99332 05/05/2005 003076 MET LIFE INSURANCE COMPANY MetUle Dental Insurance Payment 8,117.18 8,117.18 99333 05/0512005 008091 MILLMORE'S WAX CREW vehicle detailing svcs: Traffic/Land Dev vehicle detailing svcs: CI P 50.00 SO.OO 100.00 99334 05/0512005 001384 MINUTEMAN PRESS business cards: Police generic business cards: J. Marquez business cards: D. Lewis business cards: J. Maynard business cards: M. Ellsworth business cards: V. Horst 104.64 43.37 43,37 43.37 43.37 43.37 321.49 99335 05/05/2005 001986 MUZAK -SOUTHERN CALIFORNIA May .on-hold. phone music:City Hall May music broadcastOld Town 122.41 69,11 191.52 99336 0510512005 002925 NAPA AUTO PARTS vehicle maint supplies: Paramedics 38.08 38.08 99337 05105/2005 000727 NATIONAL FIRE PROTECTION NFPA Safety Conf: N. Mansilla 6/6.10/05 595.00 595.00 99338 0510512005 008528 NICHOLS, MElBURG & ROSETTO Mar consulting: Civic Center Complex 1,462.50 1,462.50 99339 05/0512005 008802 O'HERN AND WALL. LLC Refund:Eng Dpst 42108 Roick Drive 995.00 995.00 Page:7 apChkLst 05/05/2005 12:59:49PM (Continued) Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 99340 05/0512005 002292 OASIS VENDING Final Check List CITY OF TEMECULA Page: 8 Description Amount Paid Check Total May coffeelkitchen supplies: West Wing t29.30 129.30 99341 05/05/2005 006721 OFFICE MAX - A BOISE COMPANY City Hall/Copy Center Paper Supplies City HalVCopy Center Paper Supplies City Hall Space Plan Modifications 99342 05105/2005 002105 OLD TOWN TIRE & SERVICE 4,497.86 1,607.31 17.78 6.122.95 City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs 456.59 164.28 97.15 61.67 55.00 33.50 868.19 99343 05/05/2005 001619 ORANGE COUNTY REGISTER INC Apr recruitment ads for H.R. Dept. 99344 05/0512005 005456 OTT, WENDELL 99345 0510512005 004389 OUT OF THE ORDINARY 99346 05/0512005 002256 P & D CONSULTANTS INC 579.10 579.10 Reimb: ES.G. Research 4/13-15105 308.49 308.49 Planning team bldg 5/11/05 City Mgr/H. R. team bldg 5/26/05 3.000.00 450.00 3.450.00 3/4/05-4/1/05 temp bldg inspector: R.H. 14,438.52 14.438.52 99347 05/05/2005 005152 PACIFIC PRODUCTS & SERVICES 100.14' sign posts/sign post anchors 99348 05105/2005 003955 PANE CONSULTING SERVICE 5,598.17 5.598.17 promotional materials for FIT program TVM Student Badges with pin back Credit: sales tax incorrect Credit: sales tax incorrect 1,074.07 1.001.40 -5.90 -11.04 2,058.53 99349 05/0512005 008806 PARKER, GAYLE AND CHARLES release claims agreement payment 786.05 786.05 99350 05/05/2005 000359 PARKER, HERMAN Reimb '05 CPRS ConI: 3/9-13/05 99351 05/05/2005 003218 PELA 99352 05/05/2005 001958 PERS LONG TERM CARE 99353 05/05/2005 000249 PETTY CASH 99354 05/0512005 006116 PICCINI. SCOTT 17.29 17.29 Mar inspection svcs: O.T. Gateway Ldscp Mar inspection svc:Soundwallldscp Impr 1,170.00 247.50 1.417.50 PERS Long Term Care Payment 288.55 288.55 Petty Cash Reimbursement 451.57 451.57 Reimb:State/Co paramedic certifications 180.00 180.00 Page:8 apChkLst Final Check List Page: 9 05/05/2005 12:59:49PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99355 05/05/2005 004515 PLASTIC LUMBER COMPANY 20 plastic/wooden sign blades: PW 1.848.60 1.848.60 99356 0510512005 002354 POSITIVE PROMOTIONS public education handouts: Paramedics 1.135.46 1.135.46 99357 05/0512005 002185 POSTMASTER.TEMECULA Business Reply Mail Fee 475.00 475.00 99358 05/0512005 008801 POURSHIRAZI DMD. P.C., Refund:Eng. Dpst 43877 Calle De Velardo 995.00 995.00 99359 05/05/2005 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 359.75 359.75 99360 0510512005 003697 PROJECT DESIGN 2/7.316105 prof SVC$: Murr CrklOvrlnd Ext 6.731.04 2/7-3/6105 dsgn svcs: Pavement Rehab 1,440.00 8,171.04 99361 05/0512005 008797 QUESADA. MATTHEW Refund: Sports-SS Mens League 50.00 50.00 99362 05/05/2005 004453 R C ENTERPRISES 4 self inking rubber stamps: B&S Dept. 103.44 103.44 99363 05/05/2005 001364 R C P BLOCK & BRICK INC maintenance supplies: Margarita Park 181.51 181.51 99364 05/0512005 004457 R J NOBLE COMPANY Feb Prgs #1: Jefferson Ave Ph II 02.26 320.307.87 interim traffic control: Jefferson Ave 6,091.00 ret. w/h interim trf cntrl: Jefferson .609.10 325.789.77 99365 0510512005 006664 R R M DESIGN GROUP consuning svcs:Citywide design guidelines 12,048.50 12.048.50 99366 0510512005 008803 RAMOS, V ALERIA Refund: Picnic Shelter 70.00 70.00 99367 05/05/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 1.112.09 Apr 01.08-38009.0 Fire Sin 92 54.75 1.166.84 99368 05/05/2005 000947 RANCHO REPROGRAPHICS dup blueprints: w.e. Sports Complex 85.53 85.53 99369 05/05/2005 004584 REGENCY LIGHTING electrical supplies: Old Town 34.36 34.36 99370 05/0512005 004498 REPUBLIC ELECTRIC on-call traf S9nl mntc: Citywide loc. 11,560.23 on-call traf s9nl mntc: YnezlProm. Mall 5.126.83 on-call traf s9nl mntc: A.C.Nia Los 3.749.70 on-call traf s9nl mntc: YnezlProm. Mall 2.697.00 on-call traf s9nl mntc: Wnchstr/Roripaugh 1.180.00 on-call lraf S9nl mntc: MarliRancho 885.00 25,198.76 Page:9 apChkLst 05/05/2005 12:59:49PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99371 05/05/2005 007402 RICHARD BRADY & ASSOCIATES 2/27-4/2/05 dsgn svcs:Field Op Center 9.539.00 9.539.00 99372 05/0512005 000353 RIVERSIDE CO AUDITOR ERAF deposit payment 769,553.16 769.553.16 99373 05/0512005 000267 RIVERSIDE CO FIRE Oct-Dee '04:fire services 863,695.57 863,695.57 99374 0510512005 001592 RIVERSIDE CO INFO Mar rental equip: Police radios 627.00 627.00 99375 0510512005 000406 RIVERSIDE CO SHERIFFS DEPT March 'OS Booking Fees 99376 0510512005 000406 RIVERSIDE CO SHERIFFS DEPT Trf Collision:LaReaulSchreiber 99377 0510512005 008739 ROSE CITY LABEL public educ.handout sticker badgers 99378 0510512005 000277 S & S ARTS & CRAFTS INC 2005 Kite Day Supplies 99379 0510512005 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment SafeGuard Vision Plan Payment 99380 05/0512005 008693 SALAZAR. DONALD (SWD 000053) Support Payment 8,721.60 8,721.60 264.00 264.00 338.47 338.47 33.89 33.89 990.74 0.00 990.74 283.50 283.50 99381 05105/2005 005227 SAN DIEGO COUNTY OF Support Payment Case# DF099118 25.00 25.00 99382 05105/2005 007345 SAN DIEGO STATE U 511/04.4/30/05 Temeku Tower Rental 5.040.00 5,040.00 99383 05/0512005 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 99384 0510512005 006714 SHERATON HOTEL Htl:CALPELRA 6/16.17/05 #497360450 212.14 212.14 99385 0510512005 008529 SHERIFF'S CIVIL DIV . CENTRAL Support Payment File # 2005022657 103.47 103.47 99386 0510512005 004609 SHREDFORCE INC Apr document shredding svcs: CRC 22.50 22.50 99387 05/0512005 004814 SIMON WONG ENGINEERING INC Mar dsgn svcs: Main St Bridge 31,929.96 31.929.96 99388 0510512005 000645 SMART & FINAL INC ee luncheon supplies MPSC Rec Supplies 175.13 127.60 302.73 Page:10 apChkLst Final Check List Page: 11 05/05/2005 12:59:49PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99389 05/05/2005 000537 SO CALIF EDISON Apr 2~OO.397 ~5042 City Hall 5,563.39 Apr 2.02.502~8077 West Wing 1.424.51 Apr 2.00.397-5067 various mtrs 906.35 Apr 2- t 9-683.3263 various mtrs 828.12 Apr 2-22-891-0550 various mtrs 297.13 Apr 2.22.575.0876 various mtrs 285.20 Apr 2-18.528.9980 Santiago Rd 40.81 9.345.51 99390 05/0512005 001212 SO CALIF GAS COMPANY Apr gas meters: City facilities 3,636.60 Apr 091-085.1632-0 T.E.S. Pool 13.81 3,650.41 99391 05/05/2005 002503 SOUTH COAST AIR QUALITY pennit for emerg. generator @ GRC 207.82 emissions fee/emerg. generator @ CRG 77.25 285.07 99392 05/0512005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: City Hall 56.00 pest control svcs: T. Museum 42.00 pest control svcs: West Wing 40.00 pest control svcs: TCC 36.00 pest control svcs: C. Museum 36.00 pest control svcs: Wedding Chpl 32.00 242.00 99393 05105/2005 007851 SOUTHCOAST HEATING & AIR HVAC repair: West Wing 124.00 124.00 99394 05105/2005 005786 SPRINT 3/1 S.4/14/05 cellular svcslequipment 6,677.99 6.677.99 99395 05105/2005 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,537.50 2,537.50 99396 05/0512005 003000 STATE WATER RESOURCES Storm water permit:W.Vly Creek Chnl 332.00 332.00 99397 05/0512005 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3.841.00 3,841.00 99398 0510512005 005274 TELESIO. JOHN Reimb: APA Conference 3119.23105 403.78 Reimb: Planner's Institute 4/13.15105 95.11 498.89 99399 05/05/2005 006465 TEMECULA AUTO REPAIR vehicle repair/maint svcs: Paramedics 570.82 vehicle repair/maint svcs: Paramedics 459.57 vehicle repair/maint svcs: Fire Prey 33.50 1.063.89 99400 0510512005 000168 TEMECULA FLOWER CORRAL Sunshine Fund 253.00 253.00 99401 05/05/2005 004209 TEMECULA SUNRISE ROTARY Apr~Jun bus bench placement & maint 3,000.00 3,000.00 99402 05/05/2005 000876 TEMECULA VALLEY BALLOON & '05 Balloon & Wine Festival sponsof$hip 35.000.00 35.000.00 Page:11 apChkLst Final Check List Page: 12 05/05/2005 12:59:49PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99403 05/0512005 000515 TEMECULA VALLEY CHAMBER '05 State/City production/rental 1,400.00 1,400.00 99404 05/05/2005 003633 TOLL ROADS. THE Dee-Mar '05 Toll Roads Usage 73.60 73.60 99405 05/05/2005 007433 TOVEY SHULTZ CONSTRUCTION Mar Prgs #13: Community Theater 02-23 232.952.90 release stop ntc: Superior/Comm. Thtr 2.492.53 credit: cia #8: Community Theater 02-23 -35.91 stop notice: T urneky Schools/Comm. Thtr -1.122.00 234,287.52 99406 05/0512005 003031 TRAFFIC CONTROL SERVICE INC traffic control supplies: PW Traffic Div 187.49 187.49 99407 05/0512005 006192 TRISTAFF GROUP Temp help w/e 04/24 AmezcualTidwell 1.050.40 1,050.40 99408 05105/2005 002702 US POSTAL SERVICE Postage meter deposit 3.937.13 3.937.13 99409 05105/2005 000321 UBNOSKE, DEBBIE Reimb: Planner's Institute 4/13-14/05 3.00 3.00 99410 0510512005 000325 UNITED WAY United Way Charities Payment 649.10 649.10 99411 05/05/2005 004819 UNUM LIFE INS. CO. OF AMERICA Long Term Disability Payment 7.157.99 7.157.99 99412 0510512005 004368 VAll COOPER & ASSOCIATES Mar CIP inspection svcs: Aguilar 7,044.00 7,044.00 99413 05/0512005 006807 VANIR CONSTRUCTION Mar constr mgmt svcs:Community Thtr 39.371.10 39.371.10 99414 05/05/2005 004261 VERIZON Apr xxx-9897 general usage 90.67 90.67 99415 05/0512005 004789 VERIZON ONLINE Apr Internet svcs: xx0544 72.83 72.83 99416 05/05/2005 004789 VERIZON ONLINE Apr Internet svcs: xx7411 72.83 72.83 99417 05/05/2005 008800 VINEYARDS VIEW ESTATES LLC Refund: Planning case withdrawn 2.234.80 2,234.80 99418 05/05/2005 001890 VORTEX DOORS garage doors repair/maint: Fire 5tn 84 6.227.50 6.227.50 99419 05/05/2005 003730 WEST COAST ARBORISTS INC emerg remove tree stumps due to rains 1,462.50 1.462.50 99420 05105/2005 000339 WEST PUBLISHING CORP Apr Crty Judicial Updates/Subscription 386.75 386.75 Page:12 apChkLst 05/05/2005 12:59:49PM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99421 0510512005 008316 WESTSIDE SELF STORAGE May offsite records storage 1.000.00 1.000.00 99422 05105/2005 001544 YEAGER SKANSKA INC Mar prgs #12: Wolf Vly Creek Chnl 256.591.54 256.591.54 99423 05/0512005 003n6 ZOLL MEDICAL CORPORATION Paramedics medical supplies Credit: 2 V-Pak, AAMI retumed 1,204.14 -600.82 603.32 Grand lolallor UNION BANK OF CALIFORNIA: 3.110,909.40 Page:13 apChkLst Final Check List Page: 1 05/12/2005 10:33:41AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Oescri ption Amount Paid Check Total 501 05110/2005 005460 U S BANK Harveston 02/03 Debt Service Pmt 446,734.45 446,734.45 99424 05/12/2005 008815 '05 FIRE DEPT INSTRUCTORS CF- Regist: FDIC Conf:6/4.8:Deyo 250.00 250.00 99425 05112/2005 001916 ALBERT A WEBB ASSOCIATES Ann'l Admin:Cfd 03-1 (Crown Hill) 2,125.00 Annl Admin:Cfd 88-12 (Ynex Corr) 1.500.00 3,625.00 99426 05112/2005 004240 AMERICAN FORENSIC NURSES May DUI testing stand by fee 500.00 April DUI testing stand by fee 500.00 DUI Drug & Alcohol Screening 260.00 DUI Drug & Alcohol Screening 68.90 1.328.90 99427 05112/2005 004169 ANAHEIM ORANGE COUNTY Membership: Gloria Wolnick 00-155 638.00 638.00 99428 05112/2005 002187 ANIMAL FRIENDS OF THE Apr Animal control services 8,750.00 8.750.00 99429 05112/2005 003137 BARKERS FOOD MACHINERY Repair ice machine: Stn 84 252.00 252.00 99430 05/12/2005 001267 CALIF DEPT OF MOTOR Vehicle Regist'Ol Dodge 78823 176.00 176.00 . - -- -- 99431 05/12/2005 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 28.40 28.40 99432 05/12/2005 000131 CARL WARREN & COMPANY INC Apr Claim adjuster services 1.377.08 Apr Claim adjuster services 48.72 1.425.80 99433 05112/2005 008819 CASTLE. LEWIS Release claim Settlement 2005-467 376.55 376.55 99434 05112/2005 006380 CHURCH OF RELIGIOUS Refund: Security Oepst Picnic Shelter 150.00 150.00 ~ ---- -- 99435 05112/2005 003986 COZAD & FOX INC Design Wtrline Ext. For Library P~t 960.00 Design Wtrline Ext. For Library P~t 480.00 1.440.00 99436 05/12/2005 005001 CYSTIC FIBROSIS FOUNDATION Refund: Security Depst Picnic Shelter 100.00 100.00 99437 05112/2005 001393 DATA TICKET INC Mar Prkg Citation Processing 627.59 Mar Prkg Citation Processing 200.00 827.59 99438 05112/2005 004285 DAVE BANG & ASSOCIATES INC Bleacher shipment chrg:Harveston 572.00 572.00 99439 05112/2005 003006 DEWITT CUSTOM PAINTING Res Imp Prgm: Russo, V & J 2.750.00 2.750.00 Page:1 apChkLst Final Check List Page: 2 05/1212005 10:33:41AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99440 05/12/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel: TCSD 1.143.47 City vehicles fuel: PW Mntc 976.45 City vehicles fuel: Bldg & Safety 657.03 City vehicles fuel: Planning/Police 444.17 City vehicles fuel:Land DeveVCIP 437.05 City vehicles fuel: Traffic Division 242.99 City vehicles fuel: CI P 226.59 City vehicles fuel: City Van 109.12 City vehicles fuel: Code Enforce 60.50 4,297.37 99441 05/12/2005 008720 DRIVERS LICENSE GUIDE Drivers License Guides:Police 88.80 88.80 99442 05/12/2005 007495 EARTH RESOURCE MAPPING INC ER Mapper mntc renewal:GIS 1.155.00 1,155.00 99443 OS/12/200S 002438 ENGEN CORPORATION Mar-Apr compaction tstg:Winchester 1.295.00 1.295.00 99444 05/12/2005 000165 FEDERAL EXPRESS INC Express mail selVices 151.08 Express mail selVices 116.13 267.21 99445 05/12/2005 005280 FEDERAL SIGNAL Supplies for Paramedic squad 424.86 - - -- - ~ -- - Supplies for Paramedic squad 144.66 569.52 99446 05/12/2005 007736 GRIFFITH COMPANY Final prgss:Jefferson Rehab 6,749.85 6,749.85 99447 05/12/2005 008807 HANJIN INTERNATIONAL CORP Hotel:FDIC Conf:6/S-8/0S:Deyo 475.38 475.38 99448 05/12/2005 000186 HANKS HARDWARE INC Hardware supplies: TCSD 726.91 Hardware supplies:Sprts/CRC/FIT 479.57 Hardware supplies: PW SI Mntc 439.59 Hardware supplies:C.MuseumfTCSD 423.35 Hardware supplies: Bldg & Safety 284.30 Hardware supplies: City Hall 97.15 Hardware supplies:lnf System 86.72 Hardware supplies:PW St Mntc 77.49 Hardware supplies: Mnte Fac 36.62 Hardware supplies: TCC 21.40 2,673.10 99449 05/12/2005 000193 ICMA Mbshp: James O'Grady 163374 1,251.00 1,251.00 99450 05/12/2005 001377 INLAND EMPIRE MANAGERS 200S agency membership dues 25.00 25.00 99451 05/12/2005 004862 INTL PAVEMENT SOLUTIONS INC Apr prgss:S. Gateway Ldsep P~t 134,210.70 134.210.70 Page2 apChkLst Final Check List Page: 3 05/12/2005 10:33:41 AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99452 05/12/2005 008817 JEHOVAH'S WITNESSES Refund: Security Depst eRe 150.00 150.00 99453 05/12/2005 004412 LEANDER, KERRY D. TCSD instructor earnings 189.00 TCSD instructor earnings 189.00 TCSD instructor earnings 185.50 563.50 99454 05/12/2005 003726 LIFE ASSIST INC Supplies for Paramedic squad 853.49 853.49 99455 05/12/2005 004174 LIGHT IMPRESSIONS T.Museum exhibit supplies 330.46 330.46 99456 05/12/2005 003028 LOS ANGELES TIMES Planner/Patron Recruitment Ads 1.200.00 1,200.00 99457 05/12/2005 004087 LOWES INC Res impr prgm: Terry Kendall 5.000.00 5,000.00 99458 05112/2005 008610 M C R STAMPS High Hopes Program OJ Svcs: 5/6/05 25.00 25.00 99459 05/12/2005 004141 MAINTEX INC Custodial supplies for C. Museum 641.11 641.11 99460 05/12/2005 004068 MANALlLI. AILEEN TCSD Instructor Earnings 210.00 TCSD Instructor Eamings 175.00 TCSD Instructor Earnings 159.25 TCSD Instructor Earnings 63.00 607.25 99461 05/12/2005 000217 MARGARITA OFFICIALS ASSN Apr Sports Prgm Officiating Services 3,075.00 3.075.00 99462 05/12/2005 002810 MCTRANS CENTER-UNIV OF Software: Pw Traffic Div 5.885.00 5,885.00 99463 05/12/2005 006571 MELODY'S AD WORKS Marketing Svcs: Western Days 2,000.00 reimb expenses: Western Days 137.00 2,137.00 99464 05/12/2005 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings 341.25 TCSD Instructor Eamings 210.00 551.25 99465 05/12/2005 007210 MIDORI GARDENS storm damage repairs: Crowne Hill Park 1.734.00 Mar/Apr maint @ TVHS Tennis Courts 1,180.00 storm damage repairs: BtrtJd Stage Park 599.00 storm damage repairs: Serena Hills 464.00 irrigation repairs: Vail Ranch Park 3/21 204.32 irrigation repairs: Vail Ranch Park 3/22 192.82 4,374.14 99466 05/12/2005 001384 MINUTEMAN PRESS Business Cards: B. Deloss 43.37 43.37 Page3 apChkLst 05/12/2005 10:33:41AM (Continued) Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 99467 05/12/2005 000883 MONTELEONE EXCAVATING Final Check List CITY OF TEMECULA Page: 4 Description Amount Paid Check Total Emerg Work/Heavy Rains: Vallejo Chnl 5.968.00 5,968.00 5,455.25 -4.00 99468 05/12/2005 007011 MORRIS MEYERS MAINTENANCE Apr maint svcs:park r.r./picnic shelters credit: invoice total calculation 99469 05112/2005 003707 NAT'L ASSN OF PURCHASING 99470 05112/2005 008792 NEW YORK. NEW YORK 5.451.25 7/1/05-6/30/06 mbrshp dues: Vollmuth 170.00 170.00 htl:NFPA Conf 6/5-8/05 Neal Mansilla 552.63 552.63 99471 05/12/2005 002037 NEXUS INTEGRATION SERVICES Cabling And Network Client Services: I.S 498.83 498.83 99472 05112/2005 002139 NORTH COUNTY TIMES 99473 05112/2005 003964 OFFICE DEPOT BUSINESS SVS Apr TCSD F.I.T. Prgm ads Apr RDA ad for Painted Parasol 4/16/05 350.18 225.53 575.71 Mise Office Supplies: P.O. O.T. Stn 562.12 562.12 99474 05/12/2005 006721 OFFICEMAX - A BOISE COMPANY City Hall Space Plan Modifications:I.S. 187.49 187.49 99475 05112/2005 002105 OLD TOWN TIRE & SERVICE 99476 05/12/2005 002668 OMEGA LAKE SERVICES 99477 05/12/2005 002800 PACIFIC STRIPING INC 99478 05112/2005 006939 PAINT CONNECTION, THE 99479 05/12/2005 003955 PANE CONSULTING SERVICE 99480 05112/2005 002099 PASCOE MANAGEMENT LLP 99481 05/12/2005 003218 PELA 99482 05112/2005 000249 PETTY CASH 99483 05/12/2005 005939 POMMER, APRIL I. City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint Svcs City Vehicle Repair/Maint SVC5 714.23 369.03 223.16 55.00 47.50 1.408.92 Apr Duck Pond water maint. svcs 521.75 521.75 Citywide Remove/Install Fire Hydrant Mar Citywide maint of fire hydrant markers 17.000.00 7,875.00 24,875.00 res imp prgm: Cavazos, Juanita Res Imp prgm: Andes, Raymond 2,575.00 1,550.00 4.125.00 promotional items for F.I.T. Prgm 404.06 404.06 May lease:Old Town restroom 826.00 826.00 Apr plan check svcs: Planning 9,010.00 9.010.00 Petty Cash Reimbursement 202.60 202.60 TCSD Instructor Earnings 35.00 35.00 Page:4 apChkLst 05/12/2005 10:33:41 AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 99484 05112/2005 004576 PRIMEDIA FETN installation svcs: Fire Stn 12 700.00 700.00 99485 05112/2005 004576 PRIMEDIA FETN installation svcs: Fire Stn 92 700.00 700.00 99486 05/1212005 003493 PRO-CRAFT OVERHEAD DOORS Res Impr prgm: Lehman, Larry & Rebecca res imp prgm: Wall, Violet 970.00 874.00 1,844.00 Various Water Meters Apr 01-06-84353-0 Gateway Ldscp Various Water Meters Apr 01-06-84650-2 Gateway Ldscp Apr 01-06-65006-0 Community Theater 10.065.22 592.34 139.90 64.20 29.14 11.14 10,901.94 99487 05/1212005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 99488 05112/2005 000352 RIVERSIDE CO ASSESSOR Mar assessor maps: B&S Dept 15.00 15.00 99489 05/12/2005 000418 RIVERSIDE CO CLERK & Dec.'04/Jan. 'OS recording/copy fees 95.00 95.00 99490 05112/2005 000267 RIVERSIDE CO FIRE Hazmat FRO: 5/21-22/05 Tom Cole 40.00 40.00 99491 05/12/2005 000267 RIVERSIDE CO FIRE Hazmat FRO: 5/21-22105 Jeff Grove 40.00 40.00 99492 05112/2005 000357 RIVERSIDE CO FY 04/05 3rd qtr traffic sgnl maint svcs 1,809.00 1,809.00 99493 05112/2005 008818 ROTARY CLUB OF TEMECULA Refund: See. Deposit CRe 150.00 150.00 99494 05112/2005 001942 S C SIGNS Mar posting public ntes: Planning 1,005.00 1,005.00 99495 05/12/2005 005329 SAFE ALTERNATIVE FOR FY 04/05 Safe Program Funding 5.000.00 5,000.00 99496 05/12/2005 003843 SCREEN DOCTOR, THE res imp prgm: Gomez, Lorenzo & Edna 516.03 516.03 99497 05/12/2005 000645 SMART & FINAL INC High Hopes Program Supplies CRG Teen Program Supplies F.I.T. Prgm Supplies 179.06 84.65 73.95 337.66 99498 05112/2005 000537 SO CALIF EDISON May 2-01-202-7330 various mtrs May 2-00-987-0775 Vail Ranch May 2-02-351-5281 CRC Apr 2-20-798-3246 G. Museum May 2-10-331-1353 Fire Stn 84 Apr 2-10-331-2153 TeG 37,757.89 4,509.31 3,707.37 1,063.34 781.04 559.93 48,378.88 PageS apChkLst 05/12/2005 10:33:41AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Oescri plion Amount Paid Check Total 99499 05112/2005 000519 SOUTH COUNTY PEST CONTROL Pest Control Svcs: Fire Sin 84 80.00 80.00 99500 05112/2005 007851 SOUTHCOAST HEATING & AIR HV AC prey maint: City HaIIlC. Museum HV AC prey maint: CRC HV AC prey maint: City facilities/Stns HVAC prey maint @ West Wing 1,270.00 662.50 635.00 160.00 2,727.50 99501 05112/2005 006145 STENO SOLUTIONS Apr transcription SIVCS: Police 1,444.16 1,444.16 99502 05112/2005 004247 STERICYCLE INC Apr Paramedic med waste disposal svc 74.34 74.34 99503 05112/2005 003840 STRONGS PAINTING reseal bencheslbarrelslboardwalk: O.T. 7,000.00 7,000.00 99504 05112/2005 006914 TEMECULACOPIERS INC. Apr copier usage chrgs:City Facilities 3,664.36 3,664.36 99505 05112/2005 004274 TEMECULA VALLEY SECURITY Locksmith svcs for West Wing/Parks 35.04 35.04 99506 05112/2005 004875 TEMECULA VALLEY TIME TCSD Instructor Earnings 2,388.75 2,388.75 99507 05112/2005 005937 TOMCZAK. MARIA T. TCSD Instructor Earnings 21.00 21.00 99508 0511212005 007766 UNDERGROUND SERVICE ALERT May undrgrnd svcs alert tickets:PVV 113.40 113.40 99509 05112/2005 004981 UNISOURCE SCREENING & 4/16-30/05 bckgmd screening svcs 221.00 221.00 99510 05112/2005 004261 VERIZON Apr xxx-5509 general usage Apr xxx-1999 general usage Apr xxx-0049 general usage 148.41 35.74 28.41 212.56 99511 05112/2005 004279 VERIZON CALIFORNIA INC. Apr access-C. Museum phone line Apr access-CRC phone line 598.24 356.82 955.06 99512 0511212005 004789 VERrZON ONLINE Internet svcs/EOC backup @ stn 84 72.94 72.94 99513 05112/2005 008402 WESTERN RIVERSIDE COUNTY April 2005 MSHCP payment 1.651.00 1,651.00 99514 05112/2005 004829 WILSON GROUP LLC, THE May State lobbyist svcs for City issues 3,500.00 3.500.00 99515 05112/2005 004774 WOODCREST UNIFORMS Ballistic Raid Carriers: Police 1.021.25 1,021.25 Page:6 apChkLst 05/12/2005 10:33:41AM Final Check List CITY OF TEMECULA Page: 7 Grand total for UNION BANK OF CALIFORNIA: 800.008.42 Page:? ITEM 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 26, 2005 The City Council convened in Closed Session at 6:00 P.M., on Tuesday, April 12, 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: 5 Councilmembers: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by the Musicians Workshop Youth Choir. INVOCATION The invocation was given by Pastor Ted Miller of Crossroads Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilwoman Edwards. PRESENT A TIONS/PROCLAMA TIONS Mental Health Month Proclamation Mayor Comerchero proclaimed the month of Mayas Mental Health Month. Vial of Life Presentation Fire Captain/Paramedic Adams provided an overview of this program and its benefits to the community; relayed the Fire Department's desire to implement such a program; and encouraged the public to visit the Vial of Life website at www.vialoflife.com. PUBLIC COMMENTS A. Bringing a bouquet of roses to each Council member, Ms. Rebecca Weersing, representing the Temecula Valley Rose Society, thanked the City Council for its continued support; invited the Councilmembers and public to the 11th Annual Rose Festival on Saturday, May 7, 2005, at the Community Recreation Center; and advised that the Society is the proud owner of Rose Haven at the corner of Jedediah Smith Road and Cabrillo Road. CITY COUNCIL REPORTS A. Appreciating Pastor Miller's supportive comments of the City Council, Councilman Washington thanked him for his complimentary comments. R:\Minutes\042605 Mr. Washington reminded the public of the upcoming Theater Foundation Golf Tournament Fundraiser on May 29-31, 2005. Mr. Washington complimented the Mayor and staff on the unique, informative, and entertaining State of the City event and congratulated City Clerk Jones on her receipt of the President's Award of Distinction for Special Projects (Youth in Government Program) from the City Clerks Association of California. In closing, Mr. Washington expressed his continual concern over this community's youth and relayed his desire to address certain youth issues prior to reaching a point where these issues are not addressable, suggesting the formation of a Drug/Gang Taskforce. B. Councilwoman Edwards apprised the community of the Ben Clark Public Safety Training Center near March Air Reserve Base; commented on the intent to utilize this Center as the Regional Facility for Homeland Security; and requested that the Council's support, by way of a resolution, the utilization of this facility in such a capacity. C. Echoing Councilman Washington's comments, Councilman Naggar commented on the negative affects of gang and drug activity throughout a community. Due to some activities throughout the community, Mr. Naggar suggested that drug/gang activity be evaluated more closely and requested that the formation of a Drug/Gang Taskforce be agendized for the Council's next agenda. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approvina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Edward Bvrne Memorial Justice Assistance Grant Application RECOMMENDATION: 3.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application. R\Minutesl042605 2 4 Eiahth Amendment to Aareement for Law Enforcement Services RECOMMENDATION: 4.1 Approve the eighth amendment to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include hiring five additional officers. 5 Authorize Temporary Street Closure on Rancho Vista Road in front of Temecula Valley Hiah School for the Every 15 Minutes Proaram RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 05-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE STREET CLOSURE OF RANCHO VISTA ROAD IN FRONT OF TEMECULA VALLEY HIGH SCHOOL BETWEEN MARGARITA ROAD AND CALLE RIO VISTA FOR THE EVERY 15 MINUTES PROGRAM TO BE HELD ON MAY 17, 2005 FROM 6:00 A.M. TO 10:00 A.M. AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 6 Tract Map No. 30264-1. -2. -7 & -8 (located east of Pechanaa Parkwav. south of Wolf Valley Road. in the Wolf Creek Specific Plan No. 12 EIR) RECOMMENDATION: 6.1 Approve Tract Map No. 30264-1, -2" -7, and -8, in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance bond, Labor and Materials Bond and Monument Bond as security for the agreements. 7 Professional Services Aareement for Geotechnical and Material Testina Services and Special Inspection for the Temecula Library Leiahton Consultina. Inc. Proiect No. PWOO-07 RECOMMENDATION: 7.1 Approve an agreement with Leighton Consulting, Inc. in an amount not to exceed $193,393.00 to provide as needed geotechnical, material testing services, and special inspection for the Temecula Library, Project No. PWOO-07, and authorize the Mayor to execute the agreement; R\Minutesl042605 3 7.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $19,339.30, which is equal to 10% of the agreement amount. 8 Second Amendment Professional Services Aareement for Desian Services - Maintenance Facility Expansion (Field Operations Center) - Proiect No. PW03-06 RECOMMENDATION: 8.1 Approve the Second Amendment to the Professional Services Agreement with Richard Brady & Associates, Inc. for an amount not to exceed $98,422 to provide design services (schematic design, design development, and construction drawings) for the full build out of the Field Operations Center (Maintenance Facility Expansion) - Project No. PW03-06 - and authorize the Mayor to execute the amendment; 8.2 Authorize the City Manager to approve amendments not to exceed the contingency amount of $9,842, which is equal to 10% of the amendment amount. 9 Completion and Acceptance of Construction Contract - Traffic Sianal Installations at Meadows Parkway/La Serena Way and Meadows Parkway/Rancho Vista Road - Proiect Nos. PW03-07 and PW03-08 RECOMMENDATION: 9.1 Accept the Traffic Signal Installations at Meadows Parkway/La Serena Way and Meadows Parkway/Rancho Vista Road Projects - Project Nos. PW03-07 and PW03-08 - as complete; 9.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion, if no liens have been filed. 10 Completion and Acceptance of Construction Contract Rancho California Road Wideninq and Median Modifications east of Ynez Road Proiect No. PWOO.20 RECOMMENDATION: 10.1 Accept the Rancho California Road Widening and Median Improvements Project, east of Ynez Road - Project No. PWOO-20 - as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond; 10.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. R:\Minutes\04260S 4 11 Resolution providina Official Communication to the State of California with reaard to the Indian Gamina Special Distribution Fund and the Trustees Reserve Fund as defined bv Government Code 12012.85 and 12710. et sea. (At the request of Mayor Pro Tem Roberts) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 05-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING OFFICIAL COMMUNICATION TO THE STATE OF CALIFORNIA WITH REGARD TO THE INDIAN GAMING SPECIAL DISTRIBUTION FUND AND THE TRUSTEES RESERVE FUND AS DEFINED BY GOVERNMENT CODE 12012.85 AND 12710, ET SEQ. (Pulled for separate discussion; see page 6.) 12 Second Amendment for Contract Inspection Services for Berrvman & Heniaar. Inc. RECOMMENDATION: 12.1 Approve a Second Amendment for Consultant Services with Berryman & Henigar, Inc. to provide supplemental building inspection services to the Building and Safety Department in an amount not to exceed $39,000; 12.2 Approve a 10% contingency in an amount of $3,900. 13 Purchasina Authorization - Temporarv Staffina RECOMMENDATION: 13.1 Approve the first amendment with Manpower Staffing in the amount of $75,000 for temporary staffing services; 13.2 Approve a 10% contingency in the amount of $7,500. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-10 and 12-13. (Item No. 11 was considered under separate discussion; see page 6.) The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. R:\Minutes\042605 5 Consent Calendar Item pulled for separate discussion 11 Resolution providinq Official Communication to the State of California with reqard to the Indian Gamino Special Distribution Fund and the Trustees Reserve Fund as defined bv Government Code 12012.85 and 12710. et seq. (At the request of Mayor Pro Tem Roberts) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 05-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING OFFICIAL COMMUNICATION TO THE STATE OF CALIFORNIA WITH REGARD TO THE INDIAN GAMING SPECIAL DISTRIBUTION FUND AND THE TRUSTEES RESERVE FUND AS DEFINED BY GOVERNMENT CODE 12012.85 AND 12710, ET SEQ. Serving on the Riverside County Special Distribution Fund Committee, Mayor Pro Tem Roberts provided an overview of this fund and the City's intent to preserve these funds at a City level and advised of the potential of the City being awarded approximately $2.3 million for the lower SR 79 Ultimate Interchange Project. Mayor Comerchero commended Mayor Pro Tem Roberts on his efforts. MOTION: Mayor Pro Tem Roberts moved to approve Consent Calendar Item No. 11, including the adoption of Resolution No. 05-47. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. At 7:27 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. After a short recess, the City Council, at 7:47 P.M., resumed with regular business. PUBLIC HEARING 14 Linfield Christian School RECOMMENDATION: 14.1 Adopt a resolution entitled: R:lMinutesl042605 6 RESOLUTION NO. 05-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY OF ITS ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2005 (LINFIELD CHRISTIAN SCHOOL PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $25,000,000 Removing herself from the dais, Councilwoman Edwards advised that she would be abstaining with regard to this matter due to property ownership. Finance Director Roberts reviewed the staff report (of record). There being no public comments, the public hearing was closed. MOTION: Councilman Naggar moved to adopt Resolution No. 05-48. The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected approval with the exception of Councilwoman Edwards who abstained. COUNCIL BUSINESS 15 Meqan's Law Update (At the request of Councilman Naggar) RECOMMENDATION: 15.1 Receive and file the Police Department presentation regarding Megan's Law. By way of a PowerPoint presentation, Police Lieutenant Wait provided the staff report (as per written material), updating the City Council on Megan's Law; reviewing information provided on the Megan's Law website; and highlighting the following as it pertains to the City of Temecula: . That at this point in time, individuals may access information via the internet about an offender within their local community; . That there are currently 31 registered sex offenders in the City of Temecula; that these offenders are accessible through the Department of Justice's website; that there are different categories of sex offenders; that one category, as per law, does not permit public disclosure on the internet; that sex offenders have the ability to request nondisclosure on the internet; that sex offenders must register by law for life; . That currently there are no high-risk sex offenders in the City of Temecula; . That the City of Murrieta has 33 registered sex offenders; . That sex offenders are required by law to register with local law enforcement within five days of being released from custody; . That a registered sex offender must reregister every year within five days of their birthday; within five days of any move; and within five days of a name change; . That transients must register every 30 days; . That local law enforcement has been doing random compliance checks; that through discussions with the City Council and the Police Department, the Temecula Police R:\MinulesI042605 7 Department will be checking the compliance of these individuals no less than every 60 to 90 days; . That the pin map on the City's website does reflect 31 registered sex offenders; that, technically, there are approximately 50 sex offenders; that, by law, the remaining 20 offenders are not required to have public disclosure. In response to the City Councilmembers, Lieutenant Wait responded as follows: . That through the City's website, a resident may link to the Department of Justice website; . That the City's pin map will continue to reflect and provide information with regard to the 31 registered sex offenders; that with regard to the 20 sex offenders, for which specific information may not be disclosed, approximate location will be shown; . That random checks will be completed within 60 to 90 days; . That for those sex offenders that may be missing, local law enforcement will submit information to the District Attorney's Office for a warrant of their arrest. Mayor Comerchero thanked Lieutenant Wait for the informative presentation. In an effort to prevent such incidents, Councilman Naggar promoted a City/resident partnership and encouraged the residents to stay apprised by being involved in the community and checking the available websites. MOTION: Mayor Comerchero moved to continue to support the Police Department and Information Systems Department and to express the City's intent to provide as much information to the public as allowable by law. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT With regard to Closed Session Item Nos. 1 and 3, City Attorney Thorson advised that there were not items to report. With regard to No.2, Mr. Thorson noted that Councilwoman Edwards, due to property ownership, did not partake in the discussion. R:\MinutesI042605 8 ADJOURNMENT At 8:12 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, May 10, 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 R:\MinutesI042605 9 ITEM 4 ~ .. APPROVAL CITY ATTORNEY ~~ FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 24, 2005 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2005 PREPARED BY: Jason Simpson, Assistant Finance Director ~ Pascale Brown, Senior Accountant {/- RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2005. 2. Approve a budget transfer of $85,000 to Winchester Road Widening from Main Street Bridge. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the Nine Months Ended March 31 , 2005. Please see the attached financial statements for an analytical review of financial activity. Due to increased administrative costs on the Winchester Road Widening project, staff is transferring $85,000 from the Main Street Bridge project to cover additional costs expected through completion of the improvements. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31,2005 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31,2005 Combining Balance Sheet (Internal Service Funds) as of March 31,2005 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the Nine Months Ended March 31,2005 CITY OF TEMECULA Combining Balance Sheet as of March 31, 2005 And the Statements of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31 , 2005 And the Statement of Revenues, Expenses and Changes In Retained Earnings For The Nine Months Ended' March 31 , 2005 (Unaudited) Prepared by the Finance Department City of Temecula Combining Balance Sheet As of March 31. 2005 General Gas Tax State Trans Dev hnpact CDBG Fund Fond Fond Fund Fund Assets: Cash and investments $ 21,255.060 $ 1.389 $ 13.473.017 $ 7.719 Receivables 3.968.199 $ 592 8 114.597 7 Due from other ftmds 634.097 Due from other governments 114.305 Advances to other funds 7.690,610 Deposits 187.697 Total assets $ 33.735.663 $ 114,897 $ 1.397 $ 13.587,614 7,726 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities $ 9.438.190 $ 7.726 Advances from other funds Deferred revenue 692,933 $ 3.540 Total liabilities 10.131.123 3.540 7.726 Fund balances: Reserved 7.878,307 Designated 15.726.233 $ 114.897 $ 1.397 13.584.074 Undesignated Total fund balances 23.604.540 114,897 1.397 13.584.074 Total liabilities and fund balances $ 33.735.663 $ 114.897 $ 1.397 $ 13.587.614 $ 7.726 Please note that these balances are unaudited City of Temecula Combining Balance Sheet As of March 31, 2005 AB 2766 AB3229 Measure A CIP Fund Fund Fund Fund Total Assets: Cash and investments $ 210.284 $ 5,406,483 $ 25.639.908 $ 65.993.860 Receivables 1.112 $ 2 31.164 4.115.68\ Due from other funds 634.097 Due from other govenunents 452.399 1.291.290 1.857.994 Advances to other funds 7.6911.6111 Deposits 187.697 Total assets $ 211.396 $ 2 $ 5.890.046 $ 26,931.198 $ 80,479.939 Liabilities and fund balances: Liabilities: Due to other funds $ 198.097 $ 198.097 Other current liabilities 2.901.063 12.346.979 Advances from other funds 6.127.500 6.127.5110 Deferred revenue 1.082.642 1.779.115 Total liabilities 10.309.302 20.451.691 Fund balances: Reserved 7.878.3117 Designated $ 211.396 $ 2 $ 5.890.046 35.528.045 Undesignated 16.621.896 16.621.896 Total fund balances 211.396 2 5.890.046 16.621.896 60.028.248 Tota11iabilities and fund balances $ 211 ,396 $ 2 $ 5.890.046 $ 26.931.198 $ 80,479.939 Please note that these balances are unaudited 2 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31. 2005 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax- State $ 19.500,000 $ 13.982,477 72% Sales tax- Triple Flip 6.500,000 3.220.656 50% (1) Developmental services: Planning 776.000 607.637 78% Building & Safety 2.155,400 1.649.534 77% Land Development 1.953.800 1,465.671 75% Pire 651.000 540.108 83% Grants 1,471,400 172.904 12% (2) Motor vehicle in lieu - State 433.600 411.108 95% Motor vehicle in lieu - Triple Flip 4.102.730 2.051.369 50% (3) Property tax 3.525,000 1.844.279 52% (4) Property transfer tax 900.000 829,507 92% Franchise fees 2.130.000 1.850.509 87% Transient occupancy tax 1.820.000 1.335,418 73% Reimbursements- Redhawk 320.000 261.181 82% Reimbursements- Financing 157.500 135.231 86% Reimbursements- Others 502.300 364.821 73% Reimbursements from TCSD 162.000 121.500 75% Reimbursements from RDA 225.000 168.750 75% Reimbursements from CIP 1.286.700 849,515 66% (5) Investment interest 600.000 572.764 95% Business licenses 270.000 276.703 102% (6) Vehicle code fines 1.000.000 801.132 80% Parking citations/impound fees 75.000 91,428 122% (7) Finger Printing 30.000 32.191 107% Bids & Proposal 7.000 21.873 312% Right Of Way Advertising 114.700 85.350 74% Miscellaneous 71.500 49.816 70% Operating transfers in 1,496,500 1.220.865 82% Total Revenues 52.237.130 35.014.297 67% , City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31.2005 Annual YTD Amended YTD Activity Percent Budget Activity Encumbr. + Encumbr of Budget Expenditures: City Council $ 380.200 $ 278.548 $ 2.748 $ 281.296 74% Community Support 441.700 339,728 50.497 390.225 88% City Manager 1.037.200 719.993 23.455 743,448 72% Economic Development 932.013 600,602 58.629 659.231 71% City Clerk 912.000 586.734 6.053 592,787 65% City Attorney 850.000 470,828 470.828 55% (8) Finance 1,796.761 1.153,644 21.442 1.175.086 65% Human Resources 507,100 363.217 24.803 388,020 77% Planning 3.274.685 2.144.408 69.481 2,213,889 68% Building & Safety 2,632,940 1.837.353 85.822 1.923.175 73% Land Development 2.009.440 1.289.909 41.238 1,331.147 66% Public Works 5,762,302 2.734,386 475.947 3,210.333 56% (9) CIP Admin 2.503.700 1.456.464 5.345 1.461,809 58% (10) Disaster Relief 1.100.000 344.673 11.068 355.741 32% (11) Police 13.945.072 10.083.427 33.014 10,116,441 73% Fire 5.105.598 3.671.419 59.631 3,731,050 73% Animal Control 132.000 80.106 80.106 61% Non-departmental 8.547.504 5,131.382 683,971 5.815.353 68% Total Expenditures (Excluding Transfers) 51,870.215 33,286.821 1,653.144 34.939.965 67% Revenues Over/(Under) Expenditures 366.915 18.950.309 Operating Transfers Out 4.680.156 4.680.156 Revenues Over/(Under) Expenditures and Operating Transfers (4.313.241) 14.270,153 Beginning Fund Balance. July 1. 2004 26,557.220 26.557,220 Euding Fund Balance. March 31. 2005 $ 22.243,979 $ 40,827,373 Notes: I) Sales Tax Triple Flip installment payment is scheduled to be received by the end of May during this fiscal year. Sales Tax from the State is through February of this fiscal year. 2) Grant revenues are reimbursed as activities occur. FEMA requests have been submitted, Police Homeland Security Grant purchases have not yet occurred. 3) Motor Vehicle in Lieu Triple Flip installment payment is scheduled to be received by the end of May. 4) Property Tax payment is scheduled to be received by the end of May with a clean-up in June of this fiscal year. 5) The variance in CIP reimbursements is consistenet with the level of personnel costs incurred. 6) Business license processed a high volume of renewals during December through May. Also, additional license have been acquired due to new businesses opening. 7) Parking citation collections have increased due to increased police activity in the community. 8) Cost for litigation decreased significantly this year than originally estimated. 9) Street maintenance expenditures were delayed due to the significant rains this year. Fourth quarter expected to catch up. 10) The variance in CIP expenditures is due to several vacancies and one employee's leave of absence to Iraq. 11) FEMA claims to date total $344,673. As work is completed, total will increase. Due to significant rains this past quarter, these costs relate to damage to the City's infrastructure. 4 City of Temecula Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Nine Months Ended March 31. 2005 Annual Amended YTD Percent Budget Activity of Budget Revenues: Section 2105-2107 $ 1.392.500 $ 1.082,751 78% Investment interest 3.000 1,763 59% (1) Total Revenues 1.395.500 1,084.514 78% Expenditures: Operating transfers out 1.395.500 1.106,754 79% Revenues Over/(Under) Expenditures (22.240) Beginning Fund Balance. July 1. 2004 137.137 137.137 Ending Fund Balance. March 3 I. 2005 $ 137.137 $ 114.897 Notes: 1) Investment interest was lower than expected during this quarter due to a lower cash balance. 5 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund For the Nine Months Ended March 31. 2005 Annual Amended YID Percent Budget Activity of Budget Revenues: Investment interest $ 269 Traffic congestion relief (I) Total Revenues 269 Expenditures: Operating transfers out $ 73.622 72,494 98% (2) Revenues Over/(Under) Expenditures (73,622) (72,225) Beginning Fund Balance. July I. 2004 73.622 73.622 Ending Fund Balance. March 31. 2005 $ $ 1.397 Notes: I) Funding from the State is suspended for fiscal year 2004-05. 2) The variance is due to timing of the operating transfer out to the traffic signal CIP projects. R City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance. Budget and Actual Development hnpact Fund For the Nine Months Ended March 31. 2005 Annual Amended YTD Percent Budget Activity of Budget Revenues: Open Space $ 409.174 $ 251.243 $ 61% Investment interest 212.463 Quimby 350.805 81.885 23% Street improvements 1.401.558 527.291 38% Traffic signals 228,924 79.539 35% Farks 1.056.676 502.855 48% Corporate facilities 420,653 229.313 55% Fire protection 268.587 114,187 43% Library 500.674 282.467 56% Public Art 50.000 34.861 70% Police 130.497 74.900 57% Total Revenues 4.817.548 2,391.004 50% (1) Expenditures: Operating transfers out 19.397,024 3,431,737 18% (2) Revenues Over/(Under) Expenditures (14.579.476) (1,040.733) Beginning Fund Balance. July 1. 2004 14.624.807 14.624,807 Ending Fund Balance. March 31. 2005 $ 45.331 $ 13.584.074 Notes: I) The variance in revenues is due to timing of developers pulling permits for new homes and commercial. Harveston, Crowne Hill, and over 350,000 sq feet of connnercial was received in FY2003.04 which is causing FY2004-05 actuals to be lower. 2) The variance is due to Capital hnprovement Projects funded with DIP that have not been completed during this fiscal year. 7 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Conununity Development Block Grant For the Nine Months Ended March 31. 2005 Expenditures: Other outside services Operating transfers out Total Expenditures Annual Amended YTD Percent Budget Activity of Budget $ 1.698.900 $ 26.672 2% (I) 1,698.900 26,672 2% 478.500 26.672 6% (I) 1.220.400 1.698,900 26.672 2% Revenues: Interest Grant revenue Total Revenues Revenues Over/(Under) Expenditures BegilU1ing Fund Balance. July I, 2004 Ending Fund Balance. March 31. 2005 $ $ Notes: 1) Funding is being continued for future years for the Temecula Conununity Center Expansion, Lorna Linda Park Structure Surfacing and Old Town Gymnasium. 8 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Nine Months Ended March 31. 2005 Annual Amended Y1D Percent Budget Activity of Budget Revenues: AB 2766 $ 90.000 $ 45.106 50% Investment interest 2.683 Total Revenues 90.000 47.789 53% Expenditures: Operating transfers out 200.049 Revenues Over/(Under) Expenditures (110.049) 47.789 Beginning Fnnd Balance. July I, 2004 163.607 163.607 Ending Pund Balance, March 31. 2005 $ 53.558 $ 211.396 Notes: 1) AB 2766 payment is scheduled to be received by the end of May of this fiscal year. 2) The Temecula Park and Ride ell' project budgeted from this fund has not yet been started. 9 (I) (2) City of Temecula Statement of Revenues. Expenditures and Changes in Fund Balance. Budget and Actual AB 3229 COPs Por the Nine Months Ended March 31.2005 Expenditures: Operating transfers Ollt Annual Amended YID Percent Budget Activity of Budget $ 113.700 $ 113.790 100% (I) 400 322 81% 114.100 114,112 100% 101,000 114.110 113% (2) 13.100 2 Revenues: AB 3229 - COPS Investment interest Total Revenues Revenues Over/(Under) Expenditures Beginning Pund Balance. July I. 2004 Ending Fund Balance, March 31. 2005 $ 13,100 $ 2 1) AB 3229 payment was received in November of this fiscal year. 2) The variance is due to timing of the operating transfer out during tliis quarter. 10 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Nine Months Ended March 31, 2005 Annual Amended YTD Percent Bndget Activity of Budget Revenues: Measure "A" $ 2,449,000 $ 2.125.224 87% Investment interest 75.810 Total Revenues 2.449,000 2.201.034 90% Expenditures: Debt service - principal 451.585 337,487 75% Debt service - interest 114.950 87,469 76% Operating transfers out 6.217,433 221,000 4% (I) Total Expenditures 6,783.968 645.956 10% Revenues Over/(Under) Expenditures (4.334,968) 1.555.078 Beginning Fund Balance, July I. 2004 4.334,968 4,334.968 Ending Fund Balance. March 31,2005 $ $ 5.890,046 Notes: I) The ClP projects; French Valley Parkway, Jefferson Pavement Rehab, and Rancho California Road Widening are budgeted from this fund and have started, but not yet completed. The Jefferson Pavement Rehab project was delayed until the 4th quarter due to litigation and change in contractors. Transfers out are expected to increase over the next quarter. 11 City ofTemecuIa Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital hnprovement Projects Fund For the Nine Months Ended March 31, 2005 Annual Amended YfD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Operating transfers in $ 51.055.004 $ 14,632.223 $ 14.632.223 29% Grants 10.588,615 136.085 136.085 1% Reimbursements 10.530.159 8.573.526 8.573.526 81% Reimbursements. TUMF 7.208.990 (2) Reimbursements- AD 8.263.204 Reimbursements- CFD'S 23.200.000 Reimbursements- T ASIN 1.423,405 1,804.049 1.804.049 127% (3) Investment interest 51.720 51.720 Total Revenues 112.269.377 25,197,603 25.197.603 22% (1) Expenditures: Murrieta Creek Bridge/Overland Ext 165-602 393.783 96.928 $ 290.472 387.400 98% Pauba Rd bnprovements II 165-606 2.012.045 20.603 428 21.031 1% Intersection Monitoring System 165-607 155.000 5.833 5.833 4% Winchester Rd Widening 165-608 2.209,639 813.812 1.374,647 2.188.459 99% Rancho Ca Rd WideIYnez Rd 165-611 250,678 183.140 66.827 249.967 100% Guardrail Installation/Rainbow Canyon 165-619 327.263 25.409 553 25,962 Ro/r Jefferson Pavement Rehabilitation 165-621 3.223.973 886.030 69.067 955.097 30% Medians Citywide 165-622 189.952 76.773 76.773 40% Rancho Ca Wide Old Town Front 165-624 1.106.907 25.545 53.621 79.166 7% 79 South Medians 165-625 3.319,029 74.236 18.927 93.163 3% Bus Bench Upgrades 165-629 236.525 6.607 6.607 3% Pala Road bridge 165-631 36.315 5.390 30.926 36.316 100% Diaz Realignment Vincent Moraga 165-632 1,120.642 752.284 58.148 810.432 72% Pavement Rehabilitation 165-655 990,040 20.584 20.584 2% 115n9S Interchange- Ultimate 165-662 8.012.544 7.184.356 158.808 7.543,164 940i Pechanga Parkway hnprovements 165-668 15.568,577 6.695.341 3.254.468 9.949.809 64% Hashing Beacons 165-670 20.000 Diaz Road Extension at Cherry St 165-684 137.362 17.640 100.509 118.149 86% Rancho Ca Bridge/Murrieta Creek 165-710 1.440.241 987.416 450.381 1.417.797 100% Traffic Signal Equipment Installation 165-712 344.986 Localized Storm Drain Improvements 165-715 179.968 5.408 5.408 3% French Valley Parkway S.B. Offramp 165-719 3.342,716 97.407 171.051 268,458 8% Bridge Barrier Rail Replacement 165-722 245.866 4,387 20.212 24,599 10% Butterfield Stage Rd Extension 165-723 20.825.000 French Valley Parkway 115 Offramp 165-726 7,974,916 191.962 294.191 486.153 6% Fire Station Wolf Creek 165-733 2.887,707 14.157 43.297 57.454 2% 79S Sidewa1klLandscape 165-734 284.738 160.498 28.129 188.627 66% Murrieta Creek hnprovements 165-735 150.000 rue Station Roripaugh Ranch 165-741 4.716.797 41.900 3.884.346 3.928.246 83% 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Nine Months Ended March 31, 2005 Annual Amended YID Total Percent Budget Activity Encurnbr. Activity llt' BuJ~d Maintenance Facility Expansion 165-742 3.613,212 170.551 437.835 608.386 17% Main St Bridge/Munieta Creek 165-743 4,599,848 82.808 203.301 286.109 6% Signals - Meadows @ La Serena 165-744 225.013 203.286 19.254 222.540 99% Signals- Meadows @ Rancho Vista 165-745 165.204 144.726 13.650 158.376 96% Long Canyon Detention Basin 165-746 89.901 12.548 12.548 14% . Temecula Park & Ride 165-747 131.000 Pauba Rd Improvements East Marg 165-748 130.000 Santiago Road AD Imp 165-749 700.000 Rancho Vista@Avenidade1aReina 165-750 11 0.000 Old Town Properties Master Plan 165-751 250.000 2,437 175,268 177.705 71% Rancho Ca Wide 115- E Ynez 165-752 341,800 705 705 0% Murrieta Creek Multi-Purpose Trail 190-142 1.310.279 26,754 126.076 152.830 12% Children's Museum 190-165 135.811 75.888 6.817 82,705 61% Community Theater 190-167 7.353.373 2.940.960 4.162.223 7.103.183 97% Sports Complex 190-173 16.957.108 1.312.322 12.529.748 13.842.070 82% Play Structure Retrofit 190-179 25.000 Pablo Apis Park Add Amenities 190-182 385.923 370.623 9.396 380.019 98% Multi Trails System Citywide 190-185 156.000 18.830 116.412 135.242 ~7% Old Town Gymnasium 190-186 1.857.888 Vail Ranch Middle School Basketball 190-188 159.438 7.446 119.110 126.556 79% Veteran's Memorial Phase I 190-189 484.666 465.505 2.660 468.165 97% Kent Hindergardt Memorial Park 190-191 25.000 Lorna Unda Play Structure 190-192 150.000 Nakayama Garden & Tree Ughting 190-193 170.000 159.732 3.479 163.211 96% Rancho CA Sports NIS Fields 190-194 102.000 50.393 42.553 92.946 91% Roripaugh Ranch Open Space 190-195 42,238 11.496 28.741 40.237 95% Temecula Corrnnunity Center Expan. 190-197 55,000 Veteran's Memorial Phase I 190-198 142.500 14.130 44,718 58.848 41% Library 199-129 6.132.813 116.835 124.642 241.477 4% Old Town District Acquisition 199-130 181.551 81.048 1,817 82.865 46% Total Expenditures (Excluding Transfers) 127.885.775 24.664.669 28.736.708 53.401.377 42% (1) Revenues Over/(Under) Expenditures (15.616.398) 532.934 Beginning Fund Balance. Jnly 1. 2004 16.088.962 16,088.962 Ending Fund Balance. March 31. 2005 $ 472.564 $ 16.621.896 Notes: 1) The variances in the CIP Fund revenues and expenditures are due to the timing of when the various projects are actually started and costs are incurred. 2) Reimbursement of TUMF is pending finalization of agreement language with Rcre. 3) TASIN reimbursements received are for 1-151SR79S Interchange and Wolf Creek Fire Station. The final allocation for 2004-05 resulted in funds for both projects. 13 Internal Service Funds Combining Balance Sheet As of March 31. 2005 Infonnation Support Insurance Vehicles Systems Services Pacilities Fund Fund Fund Fund Fund Total Assets: Cash and investments $ 1,434.586 $ 210.750 $ 979,507 $ 248.882 $ 193.004 $ 3.066,729 Receivables 8,592 957 6,440 1.364 2.155 19.508 Prepaid assets 204.226 204.226 Property, plant and equipment (net of accumulated depreciation) 1.368.088 335.033 3,611 1.706.732 Total assets $ 1,647,404 $ 1.579.796 $ 1.320.980 $ 253,858 $ 195.159 $ 4.997.197 Liabilities and fund equity: Liabilities: Current liabilities $ 365.176 $ 536 $ 90.569 $ 14.803 $ 46.069 $ 517.153 Capital leases payable 8,799 8.799 Due to other funds 436.000 436.000 Total liabilities 365,176 436.536 90.569 23.602 46.069 961.952 Fund equity. Contributed capital Retained earnings 1,282.228 1.143.260 1.230.411 230.255 149.090 4.035.244 Total fund equity 1.282.228 1.143.260 1.230,411 230.255 149.090 4.035.244 TotaIliabilities and fund equity $ 1.647,404 $ 1,579.796 $ 1,320.980 $ 253.858 $ 195.159 $ 4.997.195 Please note that these balances are unaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Nine Months Ended March 31. 2005 fufonnation Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Charges for services $ 464,623 $ 264.160 $ 1.367.305 $ 212.892 $ 467.277 $ 2.776.257 mvestment interest 22.788 2.138 11,551 3.285 1.763 41.525 Miscellaneous 1.584 132 22.188 23.904 Total Revenues 488.995 266.298 1,378.988 238,365 469.040 2.841.686 Expenses: Salaries & wages 33,389 687.736 91.156 231.771 1.044.052 Operating expenses 442.481 506.218 62.210 237.269 1.248,178 Interest 1.065 1.065 Depreciation 221.914 187.336 61,746 470,996 Total Expenses 475.870 221.914 1,381.290 216,176 469.040 2.764.291 Revenues Over/(Under) Expenditures 13.125 44,384 (2.302) 22.190 77.397 Retained Earnings. July I. 2004 1.269.103 1,098.876 1.232,713 208.065 149.090 3.957.847 Retained Earnings. March 31. 2005 $ 1.282.228 $ 1.143.260 $ 1.230.411 $ 230.255 $ 149.090 $ 4.035.244 15 ITEM 5 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: May 24, 2005 SUBJECT: Sales Tax Audit and Recovery Agreement Prepared by: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1) Approve the Sales Tax Consulting Services and Recovery Audit Agreement with Hinderliter De Llamas and Associates for a term not to exceed three years and for an amount not to exceed $4,200 annually and a 15% finder's fee on recovered sales tax. DISCUSSION: In the past, the City has utilized Hinderliter De Llamas and Associates sales tax data and sales tax system to track and report this essential economic information. In addition, the City has contracted with Hinderliter De Llamas and Associates to perform sales tax audit and recovery services. Sales tax audit and recovery requires a continuous effort to insure the City is credited with sales tax by the State Board of Equalization. Recent efforts have resulted in additional sales tax recovery for the City by Hinderliter De Llamas and Associates. Payments to Hinderliter De Llamas and Associates are based on an annual fee of $4,200 and a 15% finder's fee for all new sales and/or use tax revenue received by the City as a result of audit and recovery work performed by the Consultant. As a result of the 15% finders fee, the contract amount exceeds the City manager's authorization of $25,000; therefore it is necessary for the City Council to approve the agreement. Through this agreement the Consultant maintains sales tax and audit data bases which provide essential monthly and quarterly sales tax updates for the City. The consultant also contacts the businesses and State Board of Equalization to verify the accuracy of the sales tax reporting methodology and obtain the necessary documentation for the State Board of Equalization, to modify allocation formulas, and to return sales tax revenue due to the City. Although it is difficult to estimate the amount of recovery from year to year, this year's sales tax recovery by the Hinderliter De Llamas and Associates is anticipated to be equal to last year's amount. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2004-05 and will be included in the FY 2005-06 Finance Department Consulting Operating Budget. Also, the City will receive additional sales tax revenue as a result of the Hinderliter De Llamas and Associates findings. Attachment: Professional Services Agreement CITY OF TEMECULA PROFESSIONAL SERVICES AGREEMENT HINDERLITER, de LLAMAS AND ASSOCIATES SALES TAX CONSULTING & RECOVERY FEES THIS AGREEMENT, is made and effective as of May 24, 2005, between the City of Temecula, a municipal corporation ("City") and Hinderliter, de Llamas & Associates, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on May 24, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the option to extend the contract for an additional three (3) years upon successful negotiation with the Consultant as to all terms and conditions set forth in this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates a nd terms and the schedule 0 f payment as set forth in Exhibit B, Payment Rates a nd 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 Exhibit B 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. 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. R\voHmum\agreements.all\hinderliter .sales taxOO 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts 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, R\vollmum\agreements.aJI\hinderliter.sares taxOO 2 the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: : One million ($1,000,000) per claim and in aggregate R\vollmum\agreements.all\hinderliter .sales taxOO 3 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by eitherparty, 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 AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. R\vollmum\agreements.all\hinderliter.sales taxOD 4 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of t his Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third R\vollmum\agreements.all\hinderliter .sales taxOD 5 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 Ternecula, California 92590 Attention: City Manager Hinderliter de Llamas & Associates 1340 Valley Vista Drive Ste 200 Diamond Bar, CA 91765 Attn: Mike Moreland (909) 861-4335 Attn: Lloyd de Llamas 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 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. To Consultant: 15. LICENSES. At all tirnes during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6.9 (commencing with Section 1220) of the Division 4 otTilie 1 of the Government Code of the State of California. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and R\vollmum\agreements.all\hinderliter.sales taxOD 6 statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R\voJJmum\agreements.afl\hinderliter.sales taxOO 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson, City Manager Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Hinderliter de Llamas & Associates 1340 Valley Vista Drive Ste 200 Diamond Bar, CA 91765 Attn: Lloyd de Llamas (909) 861-4335 By: Name: Title: By: Name: Title: Two Signatures Required For Corporations R\vollmum\agreements.afl\hinderliter .sales taxOO 8 EXHIBIT A TASKS TO BE PERFORMED All tasks as per the attached specifications. R\vollmum\agreements.all\hinderliter .sales taxOO 9 EXHIBIT B PAYMENT RATES AND SCHEDULE Contractor shall establish the sales tax and audit data bases and shall provide the monthly and quarterly updates referenced above for a fee of $350.00 per month/$4,200 annually, invoiced quarterly. Consultant shall be further paid 15% of all new Sales and/or Use tax revenue received by the City as a result of audit and recovery work performed by the Consultant. Said percentage fee will apply to fund transfers received for back quarter reallocations and monies received in the first eight (8) consecutive reporting quarters following completion of the audit by the Consultant and confirmation of corrections by the State Board of Equalization. Consultant shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrator or his designated representative on the Sales Tax Audit Authorization form. The City shall pay audit fees upon Consultant's submittal 0 f evidence 0 f State Fund Transfers and payments to City from businesses identified in the audit and approved by the City. The above sum shall constitute full reimbursement to Consultant for all direct and indirect expenses incurred by Consultant in performing audits including the salaries of Consultants employees, and travel expenses connected with contacting local and out-of-state businesses and the State Board of Equalization representatives. ITEM 6 APPROVAL ~ CITY ATTORNEVU)n DIRECTOR OF FIN~Et CITY MANAGER~ CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Shawn Nelson, City Manager DATE: tv'ay 24, 2005 SUBJECT: Memorandum of Understanding RECOMMENDATION: That the City Council approve the Memorandum of Understanding (M.O.U.) between the City and the represented employees of the California Teamsters Public, Professional, and Medical Employees Union Local 911. BACKGROUND: City staff and the General employees represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911 have reached an agreement of a three (3) year M.O.U. This M.O.U. includes a 5% general employee salary increase as of July 1, 2005 and a 4% general employee salary increase in each of the other two (2) years of this agreement. This contract also limits participation in the City's retiree health program. Employees must be hired on or before June 30, 2005 to be eligible for the program. This change was necessary to control future costs. This three (3) year M.O.U. will provide a positive working environment for our employees, which translates to a higher level of public services being provided to our City residents. FISCAL IMPACT: These costs will be included in the upcoming FY 2005-06 Operating Budget. Attachment: Memorandum of Understanding \\San3\city managerlLANIERDAIREPORnMou 2005 - Approval.doc General MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND THE GENERAL EMPLOYEES OF THE CITY OF TEMECULA TABLE OF CONTENTS Page Forward Preamble Ii Article 1 Recognition ....... ................ ....... .............. ............. .... .... .... .... .... .... .... .... ....3 Article 2 Implementation ... .......... .......... .............. .......... ... ............... ..... .... .... .... ...3 Article 3 Term 3 ................................................................................................... 3 Article 4 Authorized Agents... ....... .............. ... ... ............. .......... ........ ..... ........ .... ....4 Article 5 City Rights. .............. .......... ........... ... ... ............. .... ...... ..... .... .... .... .... ..... ...4 Article 6 Employee Rights. .......... ... ... ........ ... ...... ... ... ....... ....... ..... ............ .... .........4 Article 7 Union Rights .... ... ....... ...... ... .............. ... ... .......... ........... .... ......... .... ........ .4-7 Article 8 Personnel Files ..... ................ .............. ... ... .............. ... ........ ..... ..... ... .... ...8 Article 9 Seniority............................................................. ................................... 8 Compensation Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Employment Article 22 Article 23 Special Programs Article 24 Article 25 Article 26 Article 27 Article 28 Adjustments.............................. ............................... .....................8-9 1 0.4 Longevity.. ... .... ... .... ... ...... .......... ... .... ... .... .... .... .... .... .........9 10.5 Special Merit Pay..............................................................9 Holiday Pay............... .......... ... ................... .......... ............. .... .... ... ..9-1 0 City Holidays ........................... ......... ................. .... .... .... .... ... .......1 0 Overtime......................................................................................1 0-11 Overtime Authorization.... .............................. ... .... .... .... .... ........... 11 Compensatory Time.............................. no................................... 11-12 Call-Out Pay......... ... ... ... .... ... ... ............. ....... ....... .... ....... .... .... .... ..12 Stand-By Pay.. ...... ... ... ... .... ... ... .......... ...... ....... ............... .... .... .....12-13 Shift Differential Pay............................................................. ....... 13 Bilingual Pay.................................. ... ... ... .......... .... .... .... .... .... ... ....13 Clothing Allowance..................................................................... 14 Temporary Upgrade ..... ............. ................... .... ... ....... .... .... ......... 14-15 Probationary Periods... ... .... ... ... ... ... ... ... ...... ....... .... ... .... .... .... ....... 15 Eligibility for Merit Increases ........................................................15-16 Tuition Reimbursement. .................................... ........ ... ........ ....... 16-17 Wellness Reimbursement... ... ...... .......... ... .......... .... .... .... .... ........ 17 Employee Computer Purchase................................................... 17-18 Safe Driving Award .................................................................... 18 Driver's License Renewal............................................................18 1 Leaves Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Benefits Article 35 Article 36 Article 37 Article 38 Service Article 39 Article 40 Article 41 Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 50 Comprehensive Annual Leave (CAL) Policy ................................18-21 29.1 Catastrophic Leave ........................... ............ .... .... ..... ......21 29.2 CAL Time Cash Out.........................................................21 Bereavement Leave .................... ....... ... .n.... .... .... .... .... ..... ... .... ...21 Family Care and Medical Leave ..................................................21-23 31.1 Pregnancy Leave .............................................................23 Jury Duty..... ... ....... ........... .................... ... ........ ....... .... ..... ... ........ .23-24 Military Leave............................................................. .................25 Leaves of Absence Without Pay..................................................25-26 Cafeteria Plan. ... ....... .............. ... ................. ... .... .... ........ .... .... ..... 26 35.1 Health Coverage ........... ... ... ... ....... ....... ... ..... .... .... .... ........27 35.2 Dental Coverage .................... ................. .... .... .... .... .... .... .27 35.3 Vision Coverage.. .... ............................. ..... ... ........ .... .... ....27 35.4 Disability Insurance......................................................... .27 35.5 Flexible Benefits Program................................................27 35.6 Retiree Health Benefits....................................................27-29 Life Insurance.............................................................................. 29 Retirement.......................,...... ..................................................... 29 Deferred Compensation...............................................................29 Late Starts.......................,..... ..................................................... .29-30 Rest Periods.............................. ..................................................30 Hours of Work. ......... .................... ... ...... ....... ... .... ........... .... .... .....30 Grievance Procedure .............. ......... ...... ...... .... .... .... .... .... .... ....... 31-32 Discipline .................................................................................... .32-36 Alcohol and Drug Policy...............................................................36 Reduction of Workforce .............................. ...... .... .... ........ .... .......37-38 Job Actions.................................................................................. 38 Americans with Disabilities Act (ADA) ......................................... 38 Reclassification Studies.............................. ................................ .38-39 Posting of Vacancies .. ... .... ... ...... ...... ... ... .n.... ....... .... .... .... .... ...... 39 Separability......................,........................................................... 39 Posting of Agreement.................................................................................................. 40 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND THE GENERAL EMPLOYEES OF THE CITY OF TEMECULA Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated representatives (hereinafter referred to as the "representative") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et. Seq.) and has been jointly prepared by the parties. Article 1 Recocmition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the Union) as the exclusively recognized labor organization representing employees assigned to job classifications as set forth in Appendix "A" of agreement. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by Union members and religious objection, as defined in Article 7.1, in the General Employees unit. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Councii formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:01 a.m., July 1, 2005 except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at June 30, 2008. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Govemment Code 3500 et. seq.). 3 Article 4 Authorized Aaents For the purpose of administering the terms and provisions of this Memorandum: 4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: P.O. Box 9033, Temecula, CA 92589-9033, (951) 506-5100 except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 General employees authorized representative or the California Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative (Address: 3888 Cherry Ave., Long Beach, CA 90807, (562) 595-4518. Article 5 City Riahts The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel bywhich operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Employee Riahts Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations, including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights. Article 7 Union Riahts 7.1 Agency Shop The City ofTemecula (City) and Teamsters Local 911 , General Employees Bargaining Unit (Union) mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election held on January 31,2002, a majority of the full time, regular employees in classifications represented by the Union voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: 4 1. Elect to join the Union and pay union dues, or 2. Pay an agency fee for representation, or 3. With a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. Union Dues/Aqencv Fee Collection Effective with the pay period beginning March 25, 2002, the Finance Department shall deduct union dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Finance Department. Employees on disability, leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agency fee deduction for that pay period. The City will notify the Chief Shop Steward, on a monthly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. New Hire Notification Effective April 1, 2002, all new hires in the Temecula General Employees Bargaining Unit shall be informed by Human Resources, at the time of hire, which an Agency Shop agreement is in effect for their classification. The employee shall be provided a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Union that outlines the employee's choices under the Agency Shop agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Finance Department. The Union may request to meet with new hires at a time and place mutually agreed upon between the Department Head and the Union. Failure to Pav Dues/Fees Shouid an employee fail to make an election and provide the City a signed copy of the Agency Shop employee election form, the Union shall notify the City, requesting the employee be terminated from employment for failure to make an election. Within seven (7) working days of each new hire in the bargaining unit, the City shall notify the Union of all new hires, providing the Union the emplo}ee's name, classification and date of hire. Union Dues Process Human Resources will schedule a new hire orientation, which will include a meeting with a union shop steward. The Union Steward will instruct the new hire to fill out the Agency Fee Election Fonn and return it to Human Resources within 30 days of their hire date. 5 If, after 30 days, an employee fails to make an election and provide the city a signed copy of the Agency shop employee election form, Human Resources will notify the Chief Union Steward and the City shall, by default, designate the employee as an agency fee payer. Once defaulted, the City then notifies the Union. The Union then mails the employee their "Hudson Rights". Reliqious Exemption An employee who is a member of a bona fide religion, body or sectthat has historically held conscientious objections to joining or financially supporting a union shall not be required, as a condition of employment, to join the union and pay union dues or pay an agency fee for representation. City understands that the Union claims it is entitled to require employees to show proof of entitlement to religious exemption status. In lieu of union dues or agency fee, the employee claiming religious exemption shall be required to pay a fee equal to the Agency Fee, and those fees shall be remitted by the City, at the choice of the employee, to one of the following non-labor, non-religious charitabie organizations: 1. United Way 2. Combined Health Agencies (CHA) 3. Specific charities that are supported by United Way/CHA Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 (f). The City shall provide the Union a list of all unit members and dues paying status with each union dues check remitted to the Union. Rescission of Aqreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 6 7.2 Bulletin Boards The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. AII.postings shall be done by an authorized Union representative after the following procedure is followed. Procedure A. All posted materials must be approved by Human Resources. B. Unauthorized materials may not be posted on City bulletin boards. C. Posted materials must be dated by Human Resources and may be removed by Human Resources and/or the Union after ten (10) calendar days. D. The Union may utilize the City's e-mail for bargaining unit communication with prior Human Resources approval. 7.3 The Union shall provide and maintain, with the City, a current list of the names and all authorized representatives of the General Employee Unit. 7.4 Four (4) shop stewards, along with three (3) alternate shop stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. Because of the potential impact on the operation of an individual department, the four (4) shop stewards, along with three (3) alternate shop stewards, shall not have more than two (2) absent at one time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from Human Resources (training not to exceed more than 2 times per year). Union to meet with City Manager at least two (2) times per year during the life of this agreement. 7.5 Dues Check offs The City shall deduct from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorized in writing, such authorizations will comply with appropriate laws and regulations. The Union agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Article. 7 Article 8 Personnel Files 8.1 The official personnel file of each employee shall be maintained in the Human Resources Department. A unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.2 Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 8.3 Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 8.4 All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority For the purpose of this Memorandum, "seniority" shall mean a bargaining unit membe~s. total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. Except for military leave, a single injury leave above one (1) year will not be counted for purposes of calculating seniority. Article 10 Compensation Adiustments 10.1 A five percent (5%) general salary increase, across the board, will be provided within the pay-period that includes July 1 $1 with the increase being effective on July 1 $1 of 2005. Those employees who have an evaluation date of July 1, 2005 will be given their merit increase first if applicable and then the general salary increase will be applied to that new rate. 10.2 A four percent (4%) general salary increase, across the board, will be provided within the pay-period that includes July 1 $1 with the increase being effective on July 1 $1 of 2006. Those employees who have an evaluation date of July 1, 2006 will be given their merit increase first, if applicable, and the general salary increase will then be applied to that new rate. 8 10.3 A four percent (4%) general salary increase, across the board, will be provided within the pay-period that includes July 1 "with the increase being effective on July 1" of 2007. Those employees who have an evaluation date of July 1, 2007 will be given their merit increase first, if applicable, and the general salary increase will then be applied to that new rate. 10.4 Longevity Compensation Upon completion of ten (10) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $350. Upon completion of fifteen (15) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500. Upon completion of twenty (20) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. 10.5 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. Beginning on July 1, 2006, all employees will be eligible for $400 in Special Merit Pay, on their service anniversary date, if they have completed five (5)+ years of service with the City and have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. Employees who also reach their 1 O'h or 15th year of service anniversary during the terms of this agreement will be eligible to receive an additional $400 in Special Merit Pay on that service anniversary date. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + or- in these categories. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of Commendable/Outstanding will qualify. Beginning July 1,2006, if an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "commendable or outstanding" will be required on only two (2) out of the employee's last four (4) annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. Article 11 Holidav Pay 11.1 Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8) or nine (9) hours on the applicable City observed holiday, 11.2 Regular part-time employees receive holiday pay on a pro-rated basis based on the number of hours worked. 11.3 Work on a holiday: if a Regular Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. In addition, the employee will be paid holiday pay in accordance with the above plus differential (Article 18). 9 11.4 9/80 Work Plan - Holiday on Employee's Scheduled Day Off: If a holiday occurs on an employee's scheduled day off, the employee will receive an eight (8) or nine (9) hour day off immediately prior to the holiday. 11.5 Either an eight (8) or nine (9) hour floating holiday is provided at the beginning of each fiscal year. The floating holiday hours will be pro-rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. Article 12 City Holidavs Represented employees receive a total of twelve (12) City holidays each calendar year. The City observes the following eleven (11) fixed holidays: New Year's Day Martin Luther King, Jr.'s Birthday President's Day Memoriai Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day y, day - Christmas Eve Aftemoon Christmas Day y, day - New Year's Eve Afternoon In addition, one (1) floating holiday is provided in each of the years during the life of this agreement. This floating holiday may not be carried over year to year. Holidays must be scheduled in advance. Employees will submit, to their supervisor/department director, a first and second request of preference. If denied employees are allowed to take the holiday at a mutually agreed to later date. Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates that holidays will be observed each year. In the case of the y, day holiday observances, City facilities will be closed to the public at noon. Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Article 13 Overtime All employees required to perform in excess of 40 hours in a work week, as defined in Sections 11.1 and 11.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform in excess of twelve (12) hours in a workday shall receive compensation at the rate of doubie the time of the employee's regular rate of pay for those hours in excess of twelve (12) hours. 10 In detennining an employee's eligibility for overtime, paid and unpaid leaves of absences shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid leave of absences include, but are not limited to, the bllowing: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. In addition the following provisions apply, 13.1 Work week defined: for the purpose of computing overtime, the workweek for employees who work the regular schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9/80 work week defined: for the purpose of computing overtime, the work week for employees who work the 9/80 Plan is a seven (7) day period beginning at 12:01 p.m. on each Friday and ending 12:00 noon on the 1bllowing Friday. 13.3 Time worked: for purposes of this policy, hours worked include only those hours in which the employee performs services authorized by the City. Article 14 Overtime Authorization No employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. Violations of this article can result in disciplinary actions pursuant to Article 38 and the City's Disciplinary Policy. Article 15 Compensatory Time In lieu of receiving overtime pay pursuant to Article 11, Overtime and Article 12 Overtime Authorization an employee may elect, subject to departmental approval, to receive compensatory time off on a time and one-half basis for each hour worked. In addition, the following shall apply regulating the usage of compensatory time off: 15.1 No employee shall accrue more than 80 hours of compensatory time. 1 1 15.2 Compensatory Time may be used for leave subject to scheduling, in accordance with Article 29 of this M.O.U. 15.3 All compensatory time that is available to an employee as of the first day of December, will be cashed out, at full value, and given to the employee within the pay-period that includes December 1 st. The compensatory time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a portion of Compensatory Time that would need to be used within 60 days. Article 16 Call-Out Policy Call-out duty occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. For the purpose of this policy, there are two types of call-out. The first is when an employee is required to physically leave their residence and report to duty. This is termed, a response call-out. The second type of call.out is termed a non-response call-out and occurs when an employee is telephoned andlor paged and can resolve the problem without having to physically leave their residence and report to work. Employees who have a response call-out will be credited with all hours worked with a minimum of three (3) hours, including all travel time. Response call-out ends when an employee leaves their duty station. Any hours worked in excess of the three (3) hours, which includes travel time, will be credited at one and one-half times regular (non-overtime) rate of pay. Employees who have a non-response call-out will be compensated at one (1) hour of time and one- half, if the non.response call-out occurs between 6:31 a.m. and 12 midnight. If the non-response call-out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two (2) hours of time and one-half compensation. Article 17 Stand-by Pay In any situation where an employee has been in a designated "stand-by" status and is to remain on- call, then the employee shall be compensated at the rate of $175 for each seven (7) day stand-by period. Assignments for standby duty will be scheduled on a rotational basis. This 7 -day standby period includes "Friday's off' (pursuant to the 9/80 \MJrk schedule), as well as weekends and holidays. Employees on a "stand by" status shall be required, at all times, to carry a functioning, City provided pager and be able to respond to the page within fifteen (15) minutes of being paged. Upon responding to the page, the employee must give an estimated response time to the caller. In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. Employees officially designated, as on stand-by on an officially recognized City holiday will receive an additional $35 for that day. Substitution of Standby Duty: Your supervisor must approve all substitutions. There are two (2) types of substitutions related to Standby Duty, as follows: 12 A. Straight Substitution: You may request that another employee substitute for you, subject to the approval of your supervisor, with at least 48 hours prior notice. Substitutions shall not be assigned between employees. In this instance, your supervisor will, to the extent possible, solicit and assign volunteers through the hat-pick lottery. B. Emergency Substitution: In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, (including additional employees) to provide standby coverage. In both instances, the substituting employee will receive the appropriate daily rate of compensation each standby duty day. 17.1 Rotation of Storm-Watch Crews As employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. In association with this designation, the Public Works Maintenance Superintendent, or their designee, may implement a Storm-Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other sever storm related problems exist. Please refer to the Public Works Maintenance Division Handbook for a step-by-step procedure when a Storm-Watch Schedule is warranted. 17.2 Rotation of Banner Installation/Removal Crews Pursuant to a quarterly schedule prepared by the Maintenance Superintendent, the Public Works Maintenance Division employees may be assigned to Banner Installation/Removal Crews for special event purposes throughout the year. Please refer to the Public Works Maintenance Division Handbook for a step-by-step procedure when a Banner Installation/Removal Schedule is warranted. Article 18 Shift Differential Pay Employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays along with the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential rate. Article 19 Bilinqual Pay Employees who have demonstrated the ability, by passing an annual City administered test, to translate both written and spoken Spanish, will receive $50 per month for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two (2) employees in each operating department. If more than two (2) employees are eligible, actual compensation will be awarded based on the two (2) highest scores on the annual City administered test. 13 Article 20 ClothinQ Allowance City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience for City employees. Each field employee, in Public Works and Community Services, is responsible for wearing a City furnished uniform at all times Wlile performing City-related work. 20.1 The City shall provide designated field employees with uniforms. The uniforms consist of shirts and pants. The City shall provide laundry service for the uniforms. Departments will annually provide a minimum of five (5) City staff shirts (style determined by individual departments) to Building and Safety field inspectors, Code Enforcement field employees, and Public Works and TCSD field inspectors. Department Directors may authorize additional City provided shirts based upon operational needs. In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 20.2 Each field employee shall take proper care of uniforms and maintain high standards of personal grooming and neatness. Hair, jewelry and accessories must not impede the safe and efficient execution of their duties. 20.3 A uniform, or any part of it, shall be worn only during working hours and while traveling between work and home. City uniforms shall not to be worn outside of working hours unless authorized by their department. 20.4 The City will determine the need for and timing of uniform replacement. 20.5 The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 20.6 Safety boots or shoes as determined by the City shall be worn with the uniform. Ordinarily tennis shoes, sandals, etc., are not permitted without specifiC department approval for safety reasons. This allowance is $150. The boot allowance will be paid in the first pay period of July. Employees receiving the boot allowance must wear boots that are appropriate for their duties and said boots must be maintained in a good/safe condition. 20.7 Employees in the classification of Building Inspector, Landscape Inspector, Public Works Inspector and Code Enforcement Officer are eligible for an annual clothing allowance of $115. This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. Article 21 Temporary UpQrade As a result of vacancies, leave of absences or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. 14 This policy allows the City to temporarily upgrade the affected employee. It shall be the responsibility of the Department Supervisor to notify Human Resources/Payroll, in writing, to implement the temporary upgrade for any affected employee. Approval required: with the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties on an interim basis provided that: A. The higher level position is vacant and is approved by the City Managerfor new or continued staffing, B. the duties of the higher level position are outside of the scope of the employee's current classification as detennined by the City Manager, or a designee, C. the vacancy is expected to continue for at least 15 business days, but not longer than one (1) calendar year, and, D. the employee possesses the minimum qualifications to perform the work of the higher classification. Salary: the salary of an employee in a Temporary Upgrade Assignment shall be adjusted by approximately 5% or to the minimum rate of the temporary classification, whichever is greater, for the period of the temporary assignment. Effective Dates: the City Manager, or a designee, shall establish the effective dates of a Temporary Upgrade Assignment. In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is created by extended leave approved by the City Manager pursuant to Article 31 of this M.O.U. Article 22 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of full time employment in the position. An employee on their original probation shall receive an evaluation at three (3) months, six (6) months and nine (9) months. 22.1 Promotional Probation Promotional probationary appointments shall be subject to a probationary period of not less than six (6) months of full time employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Article 23 Eliqibilitv for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted anniversary date. Merit adjustments (based upon 15 performance and the policy as stated in the Performance Evaluation and Compensation System- PEACS) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. In addition, it is agreed that during the life of this agreement, supervisors and managers agree to conduct annual evaluation meetings within 30 days of the employee's anniversary date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1) year of continuous service and at the employee's annual anniversary date thereafter, provided that the employee is not a Y-Rated employee or at the maximum rate for their salary range. Approved merit adjustments will be retro-active to the official evaluation due date. 23.1 Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources, on a mutually agreed upon schedule. Human Resources and the Union will work cooperatively to ensure the timely receipt of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be detennined to give the evaluation. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). The Union can initiate payment by contacting Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. Article 24 Tuition Reimbursement When an employee is ready to enroll in classes that they would like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre-approval form to their supervisor. If approved, the supervisor, in turn, would submit the pre-approval form to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employment with the City for one (1) year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in anyone (1) fiscal year. Additional funds may be approved on appeal to the City Manager. 24.1 Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (I.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources. Once reviewed and approved by Human Resources, the 16 approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 24.2 In general, training time during working hours shall be considered part of the job. Non- mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 24.3 Although the City applauds employees fortheir efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job-related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is, the City will reimburse employees for three (3) general education classes, over the life of this agreement, as long as the classes are a part of a degree or certificate program. These three (3) classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Article 25 Wellness Reimbursement Proqram Beginning July 1, 2005, employees will be allowed up to a $200, per fiscal year, stipend to be reimbursed for annual physicals, body scans, gym membership or stationary-type fitness equipment (excluding recreational sporting equipment and apparel). See Wellness Reimbursement Program form for detailed criteria of eligible/ineligible wellness expenses. Any unused benefit will not be carried over to the following fiscal year. Article 26 Emplovee Computer Purchase Proqram This program allows employees to borrow, at no interest, up to $2,000 to purchase a personal computer with a loan repayment up to 24 months. To qualify for the program, employees must be regular, full-time/part-time employees and have successfully past their one (1) year probationary period. Employees must also elect to purchase an IBM PC compatible computer/equipment and the system must be capable of running the current standard Microsoft operating system. (i.e. Windows XP Home Edition) Loans can be received by either Reimbursement of Costs or Direct Payment to Vendor (see Employee Computer Purchase Program Administrative Guideline for further details). Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12 month loan. Repayment in full will be accepted at any time, without penalty to the employee. Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payabie, without notice. Any remaining unpaid balance shall first be 17 deducted from the final paycheck. In the event the final paycheck is not sufficient to payoff the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Article 27 Safe DrivinQ Award ProQram Full-time benefited employees, who are assigned to a to a City vehicle, are eligible to participate in the Safe Driving Award Program. Employees assigned to pool vehicles do not qualify. Eligible employees must not have been in any "preventable" vehicle accidents during any given full fiscal year. An accident is defined as: any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non-preventable". Preventable - the driver failed to do everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non-Preventable - the driver did everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Qualifying employees are recognized and receive awards after one (1) year and then in five (5) year increments thereafter. When an employee is notified by the Department of Motor Vehicles that their Class driver's license is about to expire, the employee needs to follow the DMV instruction for Class A renewals. Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) needs to be submitted to Human Resources for verification purposes. Article 28 Driver's License Renewal It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. For California Commercial driver's licenses (A & B), renewal requirements, DMV fees, physicals and training are to be paid by the City. Article 29 Comprehensive Annual Leave Policy The intent of this policy is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave from the date of hire. Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro-rated basis for that pay period. 18 . The accrual rate for non-exempt employees is as follows: Annual Increment Hours of Annual Leave Biweeklv Accrual Rate Maximum Accumulation Hire date 2-4 years 4-6 years 6-8 years 8-10 years 10+ years 152 168 208 224 240 264 5.846 6.462 8.000 8.615 9.231 10.154 304 hours 336 hours 416 hours 448 hours 480 hours 528 hours The accrual rate for exempt employees is as follows: Annual Increment Hours of Annual Leave Biweeklv Accrual Rate Maximum Accumulation Hire date 2-4 years 4-6 yea rs 6-8 years 8-10 years 10+ years 168 184 224 240 256 280 6.462 7.07.7 8.615 9.231 9.846 10.769 336 hours 368 hours 448 hours 480 hours 512 hours 560 hours Annual leave accrual: annual leave will be eamed on a prorated rate each pay period. Maximum balance: the maximum accrued unused Comprehensive Annual Leave accumulation, which an employee may have at anyone time, is two (2) times the employee's annual accrual. However, the City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two (2) times the annual accrual limit for good cause shown. Requesting time off: a leave request form is to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. In the event of an unforeseen absence, the employee shall contact their immediate supervisor or representative as directed by the Department Director within 30 minutes of the start of their normal scheduled shift. Scheduling: the scheduling of Comprehensive Annual Leave shall be determined by the employee's supervisor based upon: first, the needs of the City; second, the employee's request; and then seniority. Departments will determine a schedule as to when they will route their departmental vacation calendar. Employees with greater seniority, within the department, will be given the first opportunity to select their vacation. If after the needs of the City and the employee's request have been taken into consideration, and two (2) employees have requested the same period of time off, which will cause a staffing conflict within the same job area or function, seniority will be used as the determining factor as to who will receive the requested time off. However, if the same staffing conflict arises the following year, and seniority was used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. 19 A leave request form needs to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor. If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. The supervisor is encouraged to make their decision within 24 hours of the request; however, in the event that additional time is needed, this decision should be generally made within five (5) business days. If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. The above noted turn around time for this approval is also important when considering an employee's request for multiple time-off requests over the course of a year. This can become important in light of the seniority clause in Article 9 of the MOU. The MOU and current City policy does not require an employee to have a designated number of CAL hours available in order to take scheduled time off. However, the employee must have enough hours in their CAL Leave bank, to cover their leave request, before the scheduled leave commences. If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating personal for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. Management can only strongly encourage that an employee keep a "safe" number of hours on the books in the case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness, etc..... Legitimate leave of absences (workers' compensation, disability, extended illness.....) should not be factored in when approving/disapproving time-off requests. In addition, the City encourages communication between employees and their supervisor and it is acceptable for the employee and the supervisor to agree on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of a Grievance Procedure (Article 42), any disputes that arise out of the scheduling of CAL time, will be handled by Human Resources. The determination of Human Resources will be final and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: City holidays which occur during an employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. Separation of employment: upon separation from employment with the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non- overtime rate of pay. 20 29.1 Catastrophic Leave - Upon approval by the City Manager, or designee, employees may donate a maximum of sixteen (16) hours (if 120 hours remain in donating employee's CAL bank) to a fellow employee in the event of a medical emergency to the employee or an immediate family member of the employee. (Refer to Article 25 - Bereavement Leave for definition of family member.) A "medical emergency" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. In addition, the City has the right to request a doctor's note to verify the medical emergency. The City will pool all hours that are donated and employees, who are eligible for the donation, will receive said donation from the pool. The maximum donation to individual employees is 160 hours per fiscal year. 29.2 CAL Time Cash Out - In June, employees may cash out CAL TIME under the following criteria. A. Eighty (80) hours maximum cash out. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 40 hours of CAL TIME during the fiscal year. The CAL Time Cash Out will be provided by the end of the fiscal year on a separate check. The CAL Time Cash Out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. Article 30 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may receive a maximum of three (3) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five (5) business days of bereavement leave. A. For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, mother, father, sister, brother, daughter, son and grandparents. B. A leave request form must be completed by the employee and approved by their supervisor. In addition, the supervisor may require verification that bereavement leave was warranted. Article 31 Familv Care and Medical Leave To the extent not already provided for under current leave policies and provisions, the City of Temecula will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain rights and obligations with respect to such 21 leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical leave Act of 1993 (FMLA) and the regulations of the California Family Rights Act (CFRA). Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. Leave is permitted, in compliance with applicable State and Federal laws for the following reasons of: birth of a child or to care for a newborn of the employee; placement of a child with an employee in connection with the adoption or foster care of a child; to care for a child, parent, spouse, or a domestic partner (defined the same as spouse) who has a serious health condition; or because of a serious health condition that makes the employee unable to perform the functions of his/her position An employee is eligible for leave if the employee has been employed for at least 12 months; and for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. Employees must request a Leave as much in advance of the date for the leave as possible. Duration of the leave shall not exceed 12 weeks of leave within a 12 month period. The start date, in calculating the 12 months period, shall be the first day of the leave that is granted to the employee. If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child. Generally, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. In any case in which a husband and wife both employed by the City of Temecula are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (I.e. bonding leave). This limitation does not apply to any other type of leave under this policy. Employees may be required to submit a doctor's certificate to verify the need for Leave. In addition, the City may require and pay for a second, and if necessary, a third opinion as part of the condition for granting the leave. Employees will be required to submit a doctor's certificate releasing them to unrestricted duty before they will be allowed to return to work. Employees will not be required, but may use at their option, all accrued Comprehensive Annual Leave time for Leave while under the care of a physician. Employees shall not accrue Comprehensive Annual Leave during a Leave without pay. Employees shall be responsible for the continuation of City provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. 22 Employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other unpaid leave of absence, which exceeds 24 weeks, shall result in an adjustment to the emplo~e's Comprehensive Annual Leave and salary review date. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced work schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. Employees must fill out the following applicable forms in connection with leave under this policy: Request for Family or Medical Leave Form prepared by the City ofTemecula to be eligible for leave. Medical certification - either for the employee's own serious health condition or for the serious health condition of a child, parent, spouse, or domestic partner; authorization for payroll deductions for benefit plan coverage continuations; and fitness-for-duty to return from leave form. At the conclusion of the 12 week leave, the City will make every effort to return the employee to the position that they vacated. However, if that position is not available, then the City will place the employee in a position with the same salary and comparable benefits. 31.1 Pregnancy Leave A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence without pay, the employee has the option of using CAL time. In addition, employees who are out on Pregnancy Leave will also be placed on FMLA. Their Pregnancy and FMLA Leaves will run concurrently. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the department director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. Female employees shall be reasonably accommodated for conditions related to pregnancy, childbirth or related medical conditions if the employee requests an accommodation with the advice of her healthcare provider. Article 32 JUry Dutv The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). However, if an employee is testifying on a civil/criminal case that does not inmlve official City business, then the emplo~e is 23 required to utilize any accrued Comprehensive Annual Leave (CAL) time that the employee has available. Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. When an employee receives an initial summons to report for jury duty, the employee must provide a copy of the summons to his or her supervisor immediately.upon receipt, regardless of whether s/he is called to serve. It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (I.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business then the employee is required to utilize available Comprehensive Annual Leave (CAL) time. A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave (CAL) time shall be recorded on the timesheet under the code for CAL time. Defininq "Practical" Return to Full Dutv When released early, which is defined as more than two hours remaining in the business day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. In determining whether an employee shall return to work following the completion of jury duty for that day, reasonable consideration shall be given to such factors as: courthouse delays, parking conditions, travel time, and a rest period. If two (2) hours or less are remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. Employees are not required to report to work at the City each day prior to reporting to the court for jury duty unless the report time after 12 noon is ordered. Supervisor Determination If upon discussion with the supervisor or designee it is determined that it is NOT practical for an employee to return to full duty that day, the supervisor's written release stating "not practical to return to full duty", along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to theirtimesheet. 24 Article 33 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows for employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to the their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or In the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. The military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 34 Leaves of Absence Without Pav This provision applies to leaves, which are not covered by other provisions within the MOU. Leave of Absence Without Pay is to be used for the purpose of unforeseen circumstances or other situations where leave is requested by the employee. In all cases, Leaves Without Pay must be approved by the City Manager or designee. 34.1 Procedure for Requesting Leave of Absence Without Pay The Department Director, subject to the approval of the City Manager ,may grant requests for Leave of Absence Without Pay. Employees generally provide a minimum of two (2) weeks notice, in writing, to request a Leave of Absence Without Pay. 25 Employees must give reasonable notice, to their Department Director, before returning to work. The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence Without Pay in excess of five (5) business days. Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence Without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence Without Pay for more than two (2) monthly premium payment periods. Employees shall retain the status of empioyee while on Leave of Absence Without Pay. However, a Leave Without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 34.2 Procedure for Unforeseen Circumstances Requests for Leave of Absence Without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons. The above procedures will apply to a requested Leave of Absence Without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. Article 35 Cafeteria Plan The City agrees to continue contributing a $775 allotment per month for benefit utilization by each represented employee during the first six (6) month of this agreement. This amount shall be increased to the following amounts: January 1, 2006 = $800 per month January 1, 2007 = $825 per month January 1, 2008 = $850 per month This allotment must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire an employee, upon proper application and acceptance, shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder to optional benefits as described below or take the remainder in cash. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. In addition, City agrees to include two (2) shop stewards as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. 26 35.1 Health Coverage During the life of this agreement, the City agrees to continue offering the PERS Health Plan. Employees can opt out of the City provided medical plan if proof of outside medical coverage is provided. The City agrees to meet with the Benefit Committee to discuss any changes in the PERS Health Plan prior to open enrollment. 35.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee, comprised of representatives from each unit, prior to selection of the dental plan for the respective Plan Year. 35.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the vision care plan for the respective Pian Year. 35.4 Disability Insurance The City will offer short-term and long-term disability insurance to represented employees. The City agrees to meet with the Benefit Committee prior to selection of short-term and long- term disability insurance. On January 1, 2003, the STD disability insurance elimination period changes from the current zero (0) to seven (7) calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period changes from the current seven (7) to 15 calendar days for illness and outpatient procedures. 35.5 Flexible Benefits Program The City will continue to offer, as long as lawfully permitted, a Flexible Benefits Program during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for medical, dental and vision plan deductibles and co-payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of child/dependent care. 35.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Eligible retired employees are those employees that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of twelve (12) years of 27 cumulative service to the City of Temecula in a regular, benefited position status; \M10 retire from the City of Temecula on or after July 1, 2003; and who have health coverage under the City's medical plans as provided in Sections 33.1, 33.2 and 33.3 of this agreement, at time of retirement, also in accordance with CalPERS standards. Part- time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City ofT emecula pursuant to Article 43 of this M.O.U. B. Retirement from the City of Temecula shall be defined as a PERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CalPERS retirement date. C. Employees who have retired prior to the effective date of this M.O.U. will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City of Temecula employees (as defined above), who retire during the term of this M.O.U. will be eligible for a reimbursement, for premiums (not including co- payments, prescriptions, and other non-premium expenses) purchased and paid for by them, of up to $775 per month, for continued medical, dental and vision coverage as provided for in sections 33.1, 33.2 and 33.3 of this agreement. This payment will begin within 30 days of the employees PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue through the term of this agreement. Effective January 1, 2006, the maximum reimbursement will increase to $800 per month. E. The amount of actual payment will be based on proof of continued medical, dental or vision insurance and verification of the payment amount. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and/or vision plans is not available, employee may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CalPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed $800 per month), the retiree needs to submit proof of coverage, annually to the City's Director of Human Resources. 28 F. By January 31't of each year for all coverages which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Director of Human Resources, proof of coverage and the premium amount for the upcoming year. If this request is not received by January 31'" payments will not be made until the request is received, for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the Director of Human Resources of any changes in premium amounts or change in status. G. This benefit will discontinue upon the death of the retired City employee. Article 36 Life Insurance The first day of the month following date of hire an employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to employees (outside the City's Section 125 Cafeteria Plan) at no cost to the City. Article 37 Retirement The City's PERS retirement formula, during the term of this agreement, is 2.5% @ 55. The City agrees to continue to pay the employer's contribution rate required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. The City will continue to pay a contribution to the Public Employees Retirement System, an amount not to exceed 8% of each represented employee's gross compensation to the extent allowable by law. Survivor Benefits The City ofTemecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies priorto retirement. The City provides Level 4 of PERS' Survivor Benefit. Article 38 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented wthout cost to the City. Article 39 Late Starts An employee who is tardy to work or upon returning from break or lunch, shall be docked pay at the discretion of the Department Directorordesignee(s). Such docking shall be rounded to the nearest 15 minute increment. However, if the employee is tardy for a period of less than 7 Y, minutes, then 29 no docking of pay shall occur. If the employee is tardy between 7 Y, and 15 minutes, then a full 15 minutes shall be docked. The employee may not utilize a shortened break period or lunch period to make up the time. However, if an employee is late due to extenuating circumstances, then the Department Director or designee(s), at the employee's request, may allow the employee to make up the time at some point during the same work period in which the late start occurred. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 40 Rest Periods All represented employees may take, for each full eight (8) or nine (9) hour shift worked at the direction of the respective department, a 15 minute break each four or 4 Y, -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. Employees working in the field shall take, at the direction of the department, rest periods nearby the work site. Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late or leave work early. Rest periods are not cumulative. In the event the employee is called off their lunch break because of an emergency or if the department schedules a hands-on mandatory lunch meeting, the employee is entitled to be compensated for this time. Article 41 Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. During the term of this agreement, the City will continue to offer the 9/80-work schedule as defined below: A 9/80 Work Plan is a work schedule whereby employees work 80 hours in a nine (9) day rather than the traditional ten (10) day period. 41.1 Participation in the plan is on a City wide basis. Employees have the option of participating in the 9/80 Work Plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change from a 9/80 or traditional schedule status to the altemate work schedule on a temporary or on-going basis. 41.2 The work period, for FLSA and overtime purposes, begins on each Friday at 12:01 p.m. and ends at 12:00 noon on the following Friday. 41.3 Under the 9/80 Work Plan, employees receive one (1) day off every two (2) weeks. 41.4 Friday will be the only alternating day off during the week unless modified by the department. 30 Article 42 Grievance Procedure The purpose of this article is to promote improved employer-employee relationships by establishing procedures for appealing management actions. To afford employees, individually or through the Representative, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. To provide settlement of grievances as near as practicable to the point of origin. 42.1 A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 42.2 An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 42.3 An employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance provided, however, that an employee's representative may not participate in the informal discussion with the supervisor as required prior to the filing of a formal written grievance. 42.4 A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Councilor by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: A. Employee requested applications for changes In title, job classification or salary. B. Appeals from formal disciplinary action. C. Appeals from work performance evaluations. 42.5 In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within fifteen (15) business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 42.6 The time limits set forth in the grievance procedure may be extended by mutual consent of both parties. SteD 1 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. The employee and the supervisor are each entitled to the presence of a silent observer. The silent observer for the grievant must be the shop steward for the grievant's appropriate group. An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the 31 supervisor. The supervisor will have five (5) business days to render a decision in writing. Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. SteD 2 If the grievance is not settled in Step 1, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the employee's Department Director. The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten (10) business days from the date the grievance is referred to Step 2. The Department Director shall issue a decision within ten (10) business days. The employee may within five (5) business days move the grievance to Step 3. Failure by the employee to raise the issue to the next level will result in the grievance procedure ending. Final SteD If the grievance is not settled in Step 2, the employee and their representative, if any, shall within five (5) business days appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. Article 43 Discipline General Statement of Policv: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. Formal discipline is defined as a minimum of a written reprimand. If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. Definition of DisciDlinarv Action: "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. Such disciplinary actions include: 1) a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and 32 procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warninq: The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constnuctive, and every effort shall be made for the formal warning to be given in private. The supervisor/department director shall include in the formal warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. This memorandum does not go into the employee's central personnel file. In addition, the employee may request that a Union representative be presence during this process. Written ReDrimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. Misconduct includes failure to meet City performance standards. The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human Resources Department. The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. Finally, the employee has the right to attach a written response to the written reprimand to be placed in the emplo}€e's central personnel file. Disciplinary SusDension: Disciplinary suspensions without pay are actions which generally deprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence of the same or similar offenses can result in a second or third disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. The City distinguishes between minor disciplinary suspension as one (1) to five (5) business days and major disciplinary suspensions as six (6) to 30 business days. Minor suspensions can be used as steps in progressive discipline. Major suspensions are used as steps in progressive discipline. Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. 33 Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's ability to perform the required duties falls below standards for that position, provided that the employee has been given a reasonable time to improve. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. Dismissal: Dismissal or involuntary separation of an employee from City employment shall be imposed only when all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. A career employee may be dismissed by the Department Director for just cause as outlined in these rules. Resiqnation: An altemative to Disciplinary Action: At times, an employee may offer to resign instead of facing disciplinary action. By doing so, the employee loses the right to appeal. A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the emplo}€e's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents. If the employee refuses to sign the statement, that act should be noted in writing by the supervisor. Actions that are not ADDealable: Denial of merit or pay increases, performance evaluations, informal discussions, oral counseling's, and formal warnings. DisciDlinary Action Subiect to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied wth. Administrative SusDensions with Pay: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skelly Procedure: A. Written Notice: The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. The written notice shall be personally delivered to the employee or sent by certified mail to the emplo}€e's last known address. 34 The notice should include the following information: 1. A description of the proposed action to be taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to support the proposed action; and 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. B. EmDloyee Review and ResDonse: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. Failure to respond within the time specified may result in the employee's waiver of their pre- disciplinary procedural rights. By mutual agreement, the specified time period may be extended. C. DeDartment Director Decision: The Department Director or designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Department Director. If disciplinary action is to be taken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of any proposed disciplinary action may be postponed to allow the Department Director enough time to adequately review the employee's response before making a decision. ADDeal of DeDartment Director's Decision: An employee may appeal a Department Director's decision within ten (10) business days of receiving the decision. An appeal shall be accompanied by a copy of the written notice of disciplinary action seryed on the employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. If an employee withdraws the appeal, the employee waives the right to further review. Appeals filed within the ten (10) day requirement shall be handled in accordance with the following provisions: A. Minor Disciplinary SusDension, Reduction in Pay and Demotion: An employee may appeal a disciplinary suspension of five (5) days or less, or a reduction in pay of 5% or less annualized by submitting a written response to Human Resources within ten (10) business 35 days after the employee has received the Department Director's decision. Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The City Manager's written decision is the final and conclusive administrative review. B. Maior DisciDlinary SusDension. Reduction in Pay. Demotion and Dismissal: Disciplinary suspensions of greater than five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. The City Manager may designate the Assistant City Manager or another person mutually agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairiy determined on reliable evidence. The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. The Hearing Officer may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The Hearing Officer's decision on the appeal is final and conclusive administrative review. However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. Amended Notice of DisciDlinary Action: At any time an appeal is submitted for decision, the Department Director or designated authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file(s). Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare a response, but the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. Article 44 Alcohol and Dnua Policy It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Dnug Policy over the life of this agreement. 36 Article 45 Reduction of Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no permanent full-time employee shall be separated from a department while emergency, seasonal, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. The order of layoff shall be as follows: Order of Layoff: The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources. The overall evaluation rating will be utilized for purposes of determining performance. If the overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall performance. Those employees with the lowest overall ratings will be further evaluated in Section Band C, detailed below. B. Documented disciplinary actions above the written reprimand level during the preceding twelve (12) months C. Seniority (as defined in Article 9) in relation to the following categories: 1. in the City 2. in the classification 3. in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-emDloyment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to a reduction-in-force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff (last employee reduced is first rehired), to individuals named on the Re-employment List who at the time of the reduction-in-force, held a position in the same job c1assikation. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of twelve (12) months from the date of placement on the list. B. Re-employment with the City in a regular full-time position. C. . Request in writing to be removed from the list. Status on Re-emDloyment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within twelve (12) months from the date of their layoff or termination shall be entitled to: 37 A. Restoration of seniority accrued prior to layoff. B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave (CAL). C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. In addition, the City agrees that there will be no layoffs of represented employees during the first year of this agreement. Article 46 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the emplo}ees. Article 47 Americans with Disabilities Act (ADA) Because the Americans with Disabilities Act (ADA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case-by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The bargaining unit recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The employee's bargaining unit will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance/Arbitration procedure. Prior to disregarding any provision of this agreement in order to undertake required reasonable accommodations for an individual protected by the Act, the City will provide the business representative of the bargaining unit with written notice of its intent to disregard the provision, and if requested will allow the business representative of the bargaining unit the opportunity to discuss options to disregarding the agreement. Article 48 Reclassification Studies If any employee, during the term of this agreement, belieyes they are working out of classification, he/she are entitled to request, through their department director, a reclassification study to be conducted by Human Resources. This request must be made by October 1 st so the process can be completed in time for the mid-year budget or annual budget as determined by the City. The parameter around a reclassification is: more than 20% of the employee's actual duties must be outside their most recently adopted classification specification. A Reclassification Worksheet and 38 Reclassification Process Flowchart have been designed to assist in the process of any reclassification requests. The forms can be obtained through Human Resources. Appropriate certifications and/or degrees will be considered as part of the criteria used in determining if a reclassification is warranted. Article 49 PostinQ of Vacancies The City agrees to conduct a competitive process for any bargaining unit position during the life of this agreement. This competitive process does not apply to reclassification studies. Article 50 Separability If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. However, there will be obligation on either party to agree on a replacement provision. 39 Postlna of AClreement A copy of this agreementwill be initlallydi!ltributed to all represented employees and gly".!n to all new employees hired Into the unit after date of adoption. The undersigned. representing thEI City and the Representatives do hereby adopt thee terms and conditions set forth herein, and reciommend the City Council and members of the Unrt approve It ClL~wd - Employee Organization Representative For the CIty: Grant M. A!lsista the City Manager ~ b'o;A'~ J s O'Grady , sistant City Manager ~c? Anthony Elmo Director of Building & Safety (d~rrYk<~ Gwyn ores Employee Organization Representative Scott Harvey Emplo rgenizatlon Representative ~aA./M~ lie Pelletier [:~t'"~~ Denise Lanier QAul.,L. Human Resoul'Cl'!s Analyst ATIr::ST City Clerk 40 ITEM 7 APPROVAL "" AnO"," ~ DIRECTOR OF FI~CE CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council r Jim O'Grady, Assistant City Manag(1giJ,tv-' May 24, 2005 (f . TO: DATE: SUBJECT: Consideration of Agreement with Volunteer Center of Riverside County for Proyision of "211" Social Service Referral Assistance RECOMMENDATION: That the City Council authorize the City Manager to execute an agreement between the Volunteer Center of Riverside County and the City of Temecula for the provision of information and referrai services through a toll-free or "211" number in the amount of $10,069.80. BACKGROUND: The Volunteer Center of Riverside County (VC) was incorporated as a non-profit in 1966, and has been providing referral assistance for Social Services in Riverside County for 26 years. The VC refers callers through an "800" number to the various providers of social services throughout Riverside County, including Temecula. The VC also prepares a book and website that provides information on the many hundreds of social service agencies throughout the County. The referral service is staffed from 8 am until 5 pm, Monday through Friday. The VC currently handles approximately 60 calls per month from Temecula callers, and more than 1500 calls per month on a county-wide basis. The VC has obtained County and other approvals to expand this seryice using a "211" number. Similar to a 411 or 911 concept, callers will be able to dial 211 and reach VC advisors on a 24/7 basis. Experience in other states that have implemented a "211" system for social service referrals indicates that calis to the 911 system may be reduced by having such a 211 system available. The VC expects that the number of social seryice referral calls will increase substantially upon implementation of the 211 system. The VC plans to implement this system beginning on July 1, 2005, and is requesting financial assistance from all of the cities in Riverside County in the amount of 13 cents per resident per year. Such assistance is on a voluntary basis, as the VC will provide the service whether Temecula provides this support or not. To date, eleven cities in Riverside County, including the cities of Riverside and Lake Elsinore pledged their support. Staff believes that this is a valuable service and recommends approval of the attached agreement. The City of Temecula's requested contribution is $10,069.80, based on a January Y:\Agenda ReportsWolunteer Cenler 211 Services May 24 2005.doc 1, 2004 population of 77,460. If the City continues to provide funding in future years, this amount would increase based on future population growth. Funds for the period July 1, 2005 through June 30, 2006 are available in the current Police Department Operating budget. In future years, this service could be eligible for funding through the CDBG program, as a social service program as the majority of callers meet low income eligibility requirements. This would be considered at the same time as other social service programs in the next CDBG funding cycle. FISCAL IMPACT: The cost for the upcoming fiscal year is $10,069.80. Funds are available in the Police Department Line Item Budget. Future year costs would rise as the City's population increases. ATTACHMENTS: 1. Letter from Volunteer Center dated May 3, 2005 2. Proposed Agreement Y:\Agenda ReportslVolunteer Center 211 Services May 24 2005.doc 2060 University Avenue Sle. 212 PO Box 5376 Riverside, CA 92517-5376 9511686-4402 9511686-7417 Fax www.informriverside.org Boanlof_ Ja:queline Carey-Wilson Esq. President MichaeJJ.BJakeIy Voce-PresJdent Gary Orso Secretay Nora Teasley CPA, MBA, MBT Treasurer -... Michael G. Andrews Usa A. Qvp Tra:ey L FemMdez, CPA WiUiam D. Gardner Pa11yGus Honorable Stephen G. larson Mac McOuem AnnMa::ias Christine Simonsen Chief Tom TlSdae Lynda W. Warren. Ph.D. Mary E. Salvlllor Chief Executive Officer (0 u..-_ ollhDlnlandV811e'V8 Volunteer Center of ~verside County Enc.6 ftirii~ p"o;~ lir !I"", Iviti TJ,o&'" H/io eQt( lid; May 3, 2005 Shawn Nelson City Manager P.O. 9033 Temecula, CA 92589-9033 Re: 211 Riverside Memorandum of Understanding Dear Mr. Nelson, Thank you for your participation in preparing for 211 Riverside, a new venture in social service that will revolutionize how people obtain and use information. The Volunteer Center of Riverside County (VCRC) is preparing to fully launch 211 Riverside on July 1, 2005. City residents will benefit directly from 211 with resource information 24 hours a day, 365 days a year and indirectly in cost savings to the city and county. 211 diverts misappropriate calls from 9-1-1 and enables the efficient distribution of resources to vital services. It also provides these benefits: . 2-1-1 reduces misdirected calls to city departments and city council offices by becoming the phone number of choice when people don't know who to call. . 2-1-1 gives residents easy 24-hour access, seven days a week to social service needs. . 2-1-1 is a useful planning tool. Based on aggregate data about the types of calls the 2-1-1 Riverside receives, communities are in a better position to anticipate demand for services and mobilize resources to meet changing needs. . 2-1-1 strengthens your community by uniting the people in your area who want to help with those who need the help. Enclosed is the 211 Memorandum of Understanding for your signature and an invoice for the city's contribution to 211 of 13 cents per resident (as of the 2000 Census). [This agreement is similar to the one cities have with the T.I.P. provider]. Please refer to the invoice for payment and return the signed MOU to the Volunteer Center, a completed copy will be returned to you. Any questions regarding 211 Riverside may be directed to me at 951/686-4402. Sincerely, E..~ Mary E. S I ador Chief Exec tive Officer Enc.6 HELPline: Crisis/Suicide Intervention . Infonn Riverside COWlty . TAP: Transportation Access Program Senior Ombudsman Services . Volunteer Connection' Alternative Sentencing Program Shared Housing . Resident Opportunity & Self-Sufficiency MEMORANDUM OF UNDERSTANDING between VOLUNTEER CENTER OF RIVERSIDE COUNTY (VCRC) and CITY OF Temecula (CITY) for Information and Referral Services via toll-free or 211 Number WHEREAS, the City desires VCRC to proYide information and refenral seryices to callers, toll-free, via an 800 number or 211, after implementation July 1, 2005; and WHEREAS, people in need require 24-hour response to their inquiries about local human services; and WHEREAS, VCRC is a contractor which has the experience and ability to provide such services; and WHEREAS, the City and the VCRC wish to enter into an agreement whereby VCRC will furnish such services; NOW THEREFORE, the City and the VCRC mutually agree to the following terms and conditions: I. VCRC's RESPONSIBILITIES A. Coordinate with all telephone providers to route 211 calls to VCRC. B. Provide all equipment necessary for the performance of this agreement and shall be responsible for the maintenance of said equipment. C. Maintain an up-to-date database of community health and human services for Riyerside County. D. Employ trained Information and Referral Specialists to take calls from the public in search of seryices and refer callers to appropriate agencies to meet their needs. E. Coordinate collaborative efforts to help communities build capacities for meeting the health and human service needs of the public. F. Identify gaps in seryices and inform funders and service providers about those gaps. G. Educate the public about available services. H. Work with the' City officials to establish a protocol for non-emergency information and referral during disasters. I. Provide annual service reports of information and refenral requests from zip codes within the City limits. II. THE CITY's RESPONSIBILITIES: A. Serye as the primary focal point in the community for connecting people with City department information and referral. B. Refer callers to appropriate agencies and seryices to meet their needs, including Inform Riverside County. a program of VCRC (211 Riverside as of July 1, 2005) as appropriate. C. Solicit input from the population served to help shape services, design programs, and evaluate the impact of seryices on the community and provide the solicited information to VCRC. III. MUTUAL RESPONSIBILITIES A. The City and VCRC will work together to develop appropriate relationships, and make every effort not to duplicate efforts. B. The City and VCRC will make every effort not to approach funders to duplicate programs that may be provided by partnering agencies. C. The City and VCRC will strive to educate the community about our individual roles and missions, and will work to mutually promote our roles. D. The City and VCRC agree to communicate regularly and nurture our collaboration, and will ensure that partner networks are included in the development of appropriate community initiatives. E. The City and VCRC will work together to develop an effective community plan for sharing information in local disasters. F. The City and VCRC will work together closely and build upon the activities of each. This may involve numerous vehicles such as: 1. links to connect respective web sites. 2. Participation with 211 Steering Committee meetings. IV. FISCAL PROVISIONS A. The City agrees to pay VCRC an annual amount of $10,069.80 (77,460 (population) . 131t) for the seryices to be performed hereunder. B. The City agrees to pay annually, unless some other method of payment is mutually agreed to in writing. C. VCRC agrees to submit annual invoices to the City. V. INDEPENDENT CONTRACTOR In the performance of the obligations under this agreement, it is understood and agreed that VCRC is at all times acting and performing services as an independent contractor, and the City shall exercise no control or direction over the manner and means by which VCRC performs its obligations under this contract, except as herein stated. VCRC will report to a contract administrator appointed by the City. All persons employed by or volunteering for VCRC in the performance of VCRC's services and functions shall be considered employees, volunteers, and agents of VCRC. No person employed or volunteering for VCRC shall be entitled to a City pension, civil seryice, or any status or right, nor shall he or she be deemed to be a City employee as a result of this Agreement. Additionally, all persons employed by or volunteering for VCRC shall not represent themselves to be affiliated with the City. VI. INDEMNIFICATION VCRC promises and agrees to defend, protect, indemnify, and save harmless the City, its officers, agents, and employees, from and against any, and all claims, demands, and liability for damages for personal injury or property damage suffered by reason of any act or omission of VCRC, or VCRC's employees, volunteers, agents, or contractors, or by reason of any dangerous or defective condition caused or permitted by VCRC or VCRC's employees, volunteers, agents, or contractors. The City promises and agrees to defend, indemnify, and save harmless VCRC, its officers, employees, and volunteers from all claims, demands, and liability for damages for personal injury or property damage suffered by reason of any act or omission of the City or the City's officers or employees, or by reason of any dangerous or defectiye condition caused or permitted by the City of the City's officers or employees, except where such action, omission, or condition is caused by or is the result of an action, omission, or request of VCRC or VCRC's officers, employees, or volunteers or is alleged to arise out of the execution of this Agreement. . VII. INSURANCE A. VCRC shall secure and maintain throughout the contract period and any extensions thereof, professional liability insurance, pUblic liability insurance, property damage, and vehicle liability insurance effective as of the effective date of this Agreement, and shall be protected from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations from this Agreement. Said insurance shall be maintained in full force and effect during the term of the Agreement or renewals or extensions thereof. Such a policy shall be for not less than $1,000,000, for injuries, including accidental death, to anyone person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for any one occurrence, and $1,000,000 for property damage, and shall be placed with a company authorized to conduct business in the State of California. The City shall be named as an additional insured on all policies and/or certificates of insurance. Copies of all pOlicies or certificates shall provide for thirty (30) days written notice to the City prior to any reduction in coyerage or cancellation. Such insurance coyerage shall be primary and shall not require any contribution by the City or by the City's insurance canriers. . The amass of such insurance shall not be deemed a limitation of VCRC's agreement to saye and hold harmless and if the City becomes liable for an amount in excess of the insurance, VCRC will save and hold the City harmless from the whole thereof. B. VCRC shall secure and maintain throughout the term of this Agreement, Workers' Compensation insurance as prescribed by the laws of the State of California. A certificate evidencing such coverage shall be filed with the City Manager's Office. Said certificate shall provide that the City will be given at least thirty (30) days written notice prior to cancellation. VIII. TERM This MOU shall continue through the 30th of June 2006, but may be terminated earlier in accordance with Section IX. IX. EARLY TERMINATION A. For Cause. If either party fails to perform any duties or obligations imposed on it by this Agreement and such failure continues for thirty (30) days after written notification by one party to the other, then this Agreement will be in breach and the party providing such notice may terminate this' Agreement immediately thereafter. B. Wllhout Cause. Either party at any time may terminate this Agreement without cause upon giving of thirty (30) days prior written notice to the other of such intent to terminate at the address set out in Section of this Agreement. C. Reimbursement of Compensation. If this Agreement is terminated prior to the end of the term set forth in Section, VCRC shall be compensated on a pro rata basis. x. NOTICES Notices shall be deemed given under this MOU when in writing and personally delivered. or placed in the U.S. Mail, first class, postage prepaid, addressed as follows: City: Shawn Nelson City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 I VCRC: Volunteer Center of Riverside County P. O. Box 5376 . Riverside, CA 92517-5376 XI. GENERAL PROVISIONS A. This MOU constitutes the entire agreement between the parties. No waiver of any term or Condition of this Agreement shall be deemed a continuing waiyer hereof. This Agreement is binding upon VCRC and their successors and assignees. Except as otherwise provided herein, VCRC shall not assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the City. Any such assignment shall, at the option of the City, immediately void this Agreement. B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approyed by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. XII CONCLUSION A. This MOU, consisting of (state number of pages) pages, is the full and complete' document describing services to be rendered by VCRC and the City including all covenants, conditions, and benefits. B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective agencies to the terms and conditions set forth in this document. City of Temecula Date By By City Manager Date VOLUNTEER CENTER OF RIVERSIDE COUNTY Date By By Date Chief Executive Officer I ITEM 8 APPROVAL CITY ATTORNEY YJ/~ DIRECTOR OF FINANCE CITY MANAGER CfJ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Jim O'Grady, Assistant City Manager ~ May 24, 2005 DATE: SUBJECT: Consideration of Additional Sponsorship Funding For The 2005 Temecula Valley International Jazz Festival RECOMMENDATION: That the City Council approve an amendment to the City's Agreement with the Musicians Workshop to provide an additional $10,000 in funds for the 2005 Temecula International Jazz Festival. BACKGROUND: At the January 25, 2005, City Council meeting, Council approved a sponsorship funding agreement with the Musicians Workshop in the amount of $10,000 for the 2005 Temecula Valley International Jazz Festival. Since that time, the operators of the event have obtained over $120,000 of "in-kind" sponsorships for the event, including publicity, setup, lodging, and other expenses associated with the event. While they have been very successful in obtaining in-kind sponsorships, cash sponsorships have been limited, with the City and Paradise Chevrolet being the primary cash sponsors. The event operator has approached the City and requested that the City increase its sponsorship to a level of $20,000. This would allow a full venue of eyents free to the public at the Promenade and at the Duck Pond stage locations. Without an additional cash sponsorship, the operator has advised us that these events would need to be scaled back, reducing participation opportunities for the community, and limiting growth for future years. The operator has assured city staff that he is taking steps to increase cash sponsorships for the 2006 event, and this situation should not arise in future years. The 2005 event is shaping up to be a popular event and should include top entertainers including Richie Cole, Jennifer Scott, Mike Wofford, and others (see attached flier). FISCAL IMPACT: Through cost savings in several Economic Development Programs, funds are available in the line item budget of the Economic Development Department. ATTACHMENT(S): 1. Promotional Flier 2. Amendment to Sponsorship Agreement Z:\Wolnickg\Agendareports\2005 Temecula Jazz Festival Additional Funding.doc .~Q\U\ ~\\~~\. \~~\\U1\\\ Presented by A~f!!~ w. y" l/:, tiK& IIZ>> F... Y....r ~r~1 ~ ~ ~ ~ =< ~ ~ ~ ~ '~',~',," ~ ~ ,$'~.m~t" 1~~0~ ~ G.di/ho,dd't &"$1 i~~i~r~!::-\:jJj'j!) PECHANGA ~~~ Free Admission Limited Preferred Seating "Back Stage Passes" available for purchase $65 SuI. - US Sun. only at Paradise Chevrolet / Cadillac Z MAIN STA GES "THE PUZA" THE PROMENADE IN TEMECULA "DUCK POND" COMMUNITY PA~K ,\ . \ ..~ , ~: , .' ",' , . ..L.-' L _ JullJ'Chumflerluin ;. , :'I "-,.~' -. I ...1::,.':Ily.~ ~'.I J ., '.~ .....~ "r ~ .~. .. it,(. ~.L lt1t--" -- jj~I',~ 'J.:.---' visit www.tvljf.com proceeds benefit: Temecula Valley Cultural Arb' & Music Center building/und Home of tire Chuck Niles Memorial Library of Jazz Music ~~~t~ "_C_lny",s..;4tr~... ~~ -"'- ..,...".....-.. l.,""lj.-(ry t2.i3AA~fi..~ ~~~ ." -~-:, , TEMECULA ~ VALLEY ----. ~ ~ ~~~~~.~_ a_n~_!?i~'~3:_~rt'u~ GUIDANT 'Il'~ Q C;'nlU "~'J 11,) oe bll'Oll" KRAMER k/aZZ)J)ss.,... 1""'E"\l~ ~ V"UEY """"., COMNHER SERVIES r:;/vc"'IN ~~r..~ ~~~~it 1~Jl:" 9".~~ I,,""~_,,",-, ;':>'",,,-, C~:,,;;,-:,,7;..) . .'" "~_"",'M'~."_. @N~~i.~~ ~.~~!,~!;~~~ ~ ", -' , . ,"" Californian, Neighbors Newspaper, Valley Business Journal, Country Review, Valley Living Magazine Temecula/Murrieta Valley News, StarWay Productions, Tom Edwards, Dr. Peter Horton, Karen Roberts for tickets & information call (95 t) 678-2517 or visit: www.musiciansworkshop.org T71' 'T:'De> n/\J\..T ....TT:'1'll. D'(" rnn,T:'C" 0 JI....Anr THE CAUFOfu"lIAN ~ ~ ~ ;j ~ ~ ~ C ~ ~ C ~ "'l ~ ~ ~ ;.. ~ ........ ~ "'l ~ I ~ 'C .:::( "'l ~ ::::: a FIRST AMENDMENT TO SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND MUSICIANS WORKSHOP THIS FIRST AMENDMENT is made and entered into as of May 25,2005, by and between the CITY OF TEMECULA, a municipal corporation ("City"), and the MUSICIANS WORKSHOP, a California nonprofit corporation (hereinafter referred to as ("MW"). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. This First Amendment is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. On January 25, 2005 the City and MW entered into that certain agreement entitled "SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE MUSICIANS WORKSHOP" ("Agreement"). b. The parties now wish to amend the Agreement to provide for greater City support for the Temecula Valley International Jazz Festival. 2. Section A. of the Agreement is hereby amended to read as follows: "A. In exchange for the payment of twenty thousand dollars ($20,000.00), City support costs in the amount up to S3,000, and no charge for the use ofthe Temecula Duck Pond, the City of Temecula shall be designated as a "Presenting Sponsor" ofthe 2005 Temecula Valley International Jazz Festival. In exchange for being a Presenting Sponsor, the City of Temecula will receive the benefits as listed in Exhibit A." 3. Except as specifically provided herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF this First Amendment has been executed by the authorized representatives of the parties hereto. MUSICIANS WORKSHOP By: Jon Laskin Founder and Executive Director Musicians Workshop 28690 Mercedes Street Temecula CA 92590 1 R;\AGIlEEMENTS\ACIlVE AGREEMENTSIM...iciano Wwksbop Finl AmeodrnaIt MoyOS.DOC CITY OF TEMECULA Jeff Comerchero Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 2 R:\AQREEMENTS\ACTlVE AGREEMENTSlMUlil:ians WOfbbop Fin! ~ MayOS.DOC ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ~ 'HI William G. Hughes, Director of Public Works/City Engineer May 24, 2005 TO: DATE: SUBJECT: Jefferson Avenue Pavement Rehabilitation - Phase 11, PW02-26 Additional Funds due to Remediation of Subgrade mer Attar, Principal Engineer ayra De La Torre, Associate Engineer PREPARED BY: RECOMMENDATION: That the City Council: 1. Increase the project contingency, and the City Manager's contract change order approval limits, by $230,000 above the previously approved 10% contingency for the Jefferson Avenue Pavement Rehabilitation - Phase 11 Project, Project No. PW02-26. 2. Authorize a transfer from the Pavement Rehabilitation Program fund in the amount of $230,000 to the Jefferson Avenue Pavement Rehabilitation Phase 11 Project. BACKGROUND: On March 22, 2005, the City Council awarded a constnuction contract for Jefferson Avenue Pavement Rehabilitation, Phase 11 Project to R J. Noble Company in the amount of $1,717,860.40 and authorized the City Manager to approve change orders not to exceed a 10% contingency (or $171,786.04). The projectincludes constructing sections of the project that the previous contractor did not complete - namely, pavement reconstruction, utility relocations, signing & striping and traffic control. On April 04, 2005, R J. Noble began construction of Jefferson. They completed the majority of the west side of the road, excluding the final asphalt course lift. However, when they began excavating the east side, they encountered unsuitable subgrade. The discovered unsuitable subgrade can be described as a moist fine clay-like soil, strong in odor and black in color due to its high organic content. It appears that the origin of the unsuitable soil may be due to the re-routing of the old Empire Creek bottom that now parallels the State Freeway. This is an unforeseen condition that was not expected. Refer to the attachment. The primary area of unsuitable soil is between station 13+00 (adjacent to the Verizon Store) to approximately station 53+00 (Via Montezuma). To date, the total area has been identified to be approximately 140,000 s.f.; however, the extent of the unsuitable soil is unknown at this time. The proposed remediation method includes cement-treating the subgrade with 5% cement @ a depth of 12". The processing of the subgrade will take 3-4 days and there is a recommended curing time of five days prior to paving. During the required curing process, RJ. Noble will continue to perform work in other areas that do not require remediation; the intent is to maintain the original schedule. The original completion date is scheduled for June, 2005. Currently, barring any bad 1 R\AGENDA REPORTS\2005\052405\PW02-26 Add" Funds.RJNoble.DOC weather and/or other unforeseen conditions, the remediation can be accomplished in a couple of weeks and the anticipated completion date will be maintained to June 2005. FISCAL IMPACT: Jefferson Avenue Pavement Rehabilitation - Phase II, is a Capital Improvement Program Project, which is funded with Measure A and Capital Project Reserves. The transfer of $230,000.00 from the Pavement Rehabilitation Program - Citywide project, Account No. 210-165-655-5804, is necessary to cover the construction costs for this unforeseen condition. The total construction cost is $2,119,646.44, which includes this transfer of $230,000, the contract amount of $1,717,860.40 plus 10% contingency of $171,786.04. Attachment: 1. Photos of unsuitable subgrade 2 R\AGENDA REPORT$\2005\052405\PW02-26 Add'l Funds.RJNoble.DOC ~ '6 I' ; ~ 'f },<' :11, n g: "-' }- ~ L ':I: c.J ~ ~ ..--- v- 4- a oJ (J) Cl.. ..... ... '2 w t :r ~ l- <( .- <<r <+ o oil .,... .... ...... ... ~ r x ~ .<\: ........ ~ ... o <t a.. Q.. '-' l- ~ 2: 1: u ~ <( ITEM 1 0 APPROVAL OA. ,......... CITY ATTORNEY .1 DIRECTOR OF FINANCE E-Jv CITY MANAGER ~. {/ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~ If William G. Hughes, Director of Public Works/City Engineer DATE: May 24,2005 SUBJECT: Pechanga Parkway Storm Drain Improvements, Project No. PW99-11CH PREPARED BY: c:k.reg Butler, Principal Engineer Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council approve contract change order number8 to the existing contract with Road Builders, Inc., in the amount of $330,969.87 for the construction of a paved maintenance/access road from Loma Linda Road to Deer Hollow Road, the removal the existing bridge at Loma Linda Road east of Pechanga Parkway, and the removal of the last section of the existing box culvert at Wolf Valley Road. BACKGROUND: On June 22, 2004 the City Council awarded a construction contract to Road Builders, Inc. for construction of Pechanga Parkway Storm Drain Improvements (Wolf Valley Creek Channel-Stage 2 in the amount of $2,940,768.42 and authorized the City Manager to approve change orders not to exceed a 10% contingency or $294,076.84. On October 26, 2004, the City Council approved contract change order number 5 with Road Builders, Inc. in the amount of $1,037,230 which included the construction of the downstream segment of the Wolf Valley Creek Channel - Stage 1 to Temecula Creek. The City Council also authorized an increase to the project contingency and the City Manager's contract change order approval limit, by $103,723 or 10% of the added work. On December 7,2004, the City Council approved an additional $300,000 increase to the project contingency and the City Manager's approval limit above the previously approved contingency. During the course of the work, several contract change orders have been executed to modify or supplement the original contract scope of work and have exhausted the previous contingency allocations. Contract Change Order number 8 will include: . Installation of an asphalt pavement surface in lieu of the planned slag base surface for the maintenance/access road located on the east side of Wolf Valley Creek Channel- Stage 2 (TCSD requested the change in roadway surface due to erosion problems associated with existing TCSD access roads that use Decomposed Granite or Base) . Removal the existing bridge at Loma Linda Road east of Pechanga Parkway; and . Remove the last section of the existing box culvert at Wolf Valley Road east of Pechanga Parkway. 1 R:\AGENDA REPORTS\2005\052405\PW99-11CH Add'l Funds No. 2.DOC All of this additional work is similar in scope to the work already under contract with Road Builder's Inc. and is a natural extension of their existing contract. Construction delays caused bywinter storm events, utility relocations, and tree preservation issues have added five months to the original time required to complete the project. FISCAL IMPACT: The construction of the Wolf Valley Creek Channel (Pechanga Parkway Storm Drain Improvements) is a part of the overall Pechanga Parkway Improvements - Phase II project which is funded by County of Riverside AD-159 bond proceeds, Wolf Creek Community Facilities District (CFD) bond proceeds, City development impact fees, a Federal Public Land Highways Grant, Development Impact Fees and a contribution from the Pechanga Tribe. Adequate funds have been appropriated for the Pechanga Parkway Improvements - Phase II project and are available in account no. 210-165-668-5804. Both the AD-159 and Wolf Creek CFD bond proceeds funds are governed by acquisition type agreements, which require the City to request reimbursement for project expenses, thus the City will be required to temporarily cover project expenditures until the reimbursement revenue is received. ATTACHMENTS: 1. Location Map 2. Project Description 3. Change Order Summary 4. Contract Change Order Number 8 2 R:\AGENDA REPORTS\2005\052405\PW99-11CH Add'l Funds No. 2.DOC = ~ I rJ:l ~ ..... ..... ~ ~ ; -~ ll. ~ !l: ~ ~ I~ U . f ~ ,~ "4 ~ b ~ ... II Z~ ~ 0- k ll. .... ~ lil o lil =- ~ t::: ~ u ~ l::l b ~ c ~ == filii 00 ~ =- I 00 1-< Z ~ ~ ~ ; =- ~ ~ U filii =- "'" ~!ii .!': ~g >>" "'== ~0 ta .~ p..:> '" 0 ""- !ii g, ..c:", 3 'C p..~ ""'>> o '" 1~ "'p.. ~ gj, <l:l !ii >>..c: '" " ~~ ta"o p..-5 gj,::s j Sl " 13 ~.g ""', 0'<1' 2J~ l'i '" " .- 13-5 "", > .~ e I" E''3 .:~ ci " ."E ,,~'" tl '" ::s "''''", ..c:o~ 45~c:s '~2> ""'!"cao -:>- <B"",o ~......t:: ~ 0 " g~@ :30" 0", '" " ta'- l'i '" ::s:> .~ !ii;;1 13 '" .... 0 - 6h '" <l:l e ....._~ <- """tIl.........O ..... 0 ...... UQS- Q; 'l:l [:: - " <II "Q' .. =- Q; == 1-<,8 - !:>. ~ oc " e ~ =-~ '" :::5 a. 13 0\ ~ ~ ~ 13 . ._ ..14 '" " '" e eu "'" '" 0"3 5 g '.p 13 g~ '" 0 l'i - o ~ ~~ !ii ~ l'i 0 0= '.p 0 gj,:I: '+:l t 's A ~f 13 :.a 0 a<l:l '" [fJ -'.p $i~ Ii '" ~~ o .- .~ ~ Ii S -"0 005-- \0 '.z;:J tIl \0 ..... "'l::I :2 's !ii ...... C"'::::= . " '" o '" ~ N 6h'" o .- 5 z [fJ 0 -"'''' 5 " '" 0-5 II g~; <::s "" 10$ Jl .6 !3 ..- " o i " ~-'g .~ 3 '0 :0 '0'.5 R 1"11-00 ........ - tl <II .. .0' '= .. <II=- ~'E .. ~ <II 0 ~~ g '.p '" "3 " .l:l " o I:S j; ~ '" Q U - " <II "~ Q .;J ... ==- <II '" = - <II 0 ~1-< 00 o ~ ~ g E-c ~ ......" N" .... Q.. II') 00 f#'J e V'l t- o Q Uu <II '" .. :; S <II ~;>< '" 0 '" M 00 f#'J G,) ...... 0\"' -; 'iI d' ~_ S ~ ::l N .<.s "" 0\00000\ NOOr-O\O OOOoo~ON ~ \0" ..c ......"' 0'" (',1"' ~_\O("I')MO O\.q- N-N ~.. r: - - (A (A (AEAEAEAEAEA Q\ o , oc o o ... oc o r!. o o ... t- o .}, o o ... o 0 o 0 "'0 0 ~ 0" 00 lfl 0 0 ON - o ... "" "" 000\000 r---ONCCr- III C'!o00000 M <;I ...... N" .q-"' 00'" \0"' ......" ~l()OOC"')O\OM o ("I")!:-o\M-N o .f' ... - (A (A (A (A (A (A (A (A o t- '" '" - 0, M 00 OM Nt- 0\"' 00" "'..,. t- N "" "" "" "" eo 'S " " .a .. IS ~ ~ 'J:) .. - .. '" .. 00" l~li6hg :a 6< :3 :3 ';n .~ <<888&1 00\ 0'" ON O....q-" NO\ _ 00 'li - eo .6 g. o '" ~- ~~ I 00- 00 N _ 0 '" 00" 0" trio. '" 0 '" C"i..q- <o:t", """"<:T" N _Ol'o-. NO to 0\ _0_00 ....:Oln..O\ NOM\O r-Or-V') -.:t''' v" -.i"-" N (A (A (A (A (AEA617 i IS 'J:) .E 'S IS -au " " EO ij O~>. ~ 6 ~ ~ ~ lS.", ~ u .El .E ~ ~ t)gb~ ~ 1J EO :r: ' "'.Eta ~~O ...... ... ~ 0 "S _ ." ~ Q Ul ~~tt~~~ <~.s.so~'~ g.~~'~-@,;S ~ = = ..... ..... g .. O.....ooOO=~bO 8,il~~o;"'c~ M [ ~ ~ e ~ .~ ~ .Q ..0 ..0 tll t,) E ~ odd ~ ..... E - i; 'il 'il ~ :g 0 15 ""ClP:iP:i",p..UE-< 00 t- o o o 00' o M "" o M '" t-' '" M ..,! "" ~ '" o {,i U"O ~ g ollr.. o'S " " .. ... .e .. = E: r..rJl Page 1 of2 Change Order Summary/Contingency Balance PECHANGA PARKWAY STORM DRAIN WOLF VALLEY CREEK CHANNEL. STAGE 2 PW99.11CH ITEM RESP DESCRIPTION TOTAL CC01 1.1 Sports Park Sewer Stub $ 30,526.00 $ 30,526.00 CC02 2.1 Quantity Tapa Survey $ 4,025.00 2.2 Overex & Stabilize Deer Hollo Outle' $ 11,630.00 2.3 K-rail for Over-Exc $ 8,315.00 2.4 Modify Box for Stormceptor $ 9,166.00 $ 33.136.00 CC03 3.1 Overex/fill exist channel LL to WV $ 75,400.00 3.2 Complete grading LL to WV $ 18,950.00 3.3 Overexlfill exist channel WV to new $ 49,140.00 3.4 Geogrid beneath Str per Geotech $ 1,335.00 $ 144,825.00 CC04 4.1 Erosion Control $ 66,180.00 4.2 SCE & Oak Delay Sellle $ 20.000.00 4.3 Add Days $ $ 86,180.00 CC05 5.1 Add WVCC-St1 open channel $ 1.037.230.00 $ 1,037,230.00 CC06 6.1 Temp water for Turf Reinf. $ 50,000.00 6.2 Reconstruct DH Outlet $ 17,368.00 6.3 Regrade Channel at DH save tree $ 7,600.00 6.4 Add 5 JS 's & related for stormcepto $ 65,052.00 6.5 K-rail Credit not used $ (8,315.00) $ 131,705.00 CC07 7.1 Slurry Backfill $ 28,080.00 7.2 CB & SD Lateral At Deer Hollow $ 24,670.00 7.3 R&R Alluvials at all transitions $ 39,000.00 7.4 R&R Alluvials at Channel South Ene $ 31,374.20 7.5 Place CAB & Fab. WV RD & WC Dr $ 27,006.00 7.6 Remove Well Culvert $ 5,220.00 7.7 Install 2 Temp Type X Inlet $ 8,750.00 7.8 Add'l RCP for Slormceptors $ 6,968.00 $ 171,068.20 $ Total Approved Change Orders $ 1,634,670.20 Change Order Summary/Contingency Balance PECHANGA PARKWAY STORM DRAIN WOLF VALLEY CREEK CHANNEL - STAGE 2 PW99-11CH ITEM RESP DESCRIPTION TOTAL Pending/Potential Change Orders CC08 8.1A Access Road Paving and Base $ 316,982.74 8.18 Credit for Slag Base $ (54,592.87) 8.2 Wolf Yalley Road Box Removal-Pari $ 28.800.00 8.3 Lorna Linda Road Box Removal $ 39,780.00 $ 330,969.87 Disputed Change Orders $ - Total DisDuted Chanae Orders $ - Contract Item Overage/underage Estimated overruns $ - Total Amount $ . Beginning Contingency (10%) $ 294.076.84 Additional Allocation $ - Sports Park Sewer Additional Allocation $ 1,037,230.00 Outlet Channel Additional Allocation $ 103,723.00 Outlet Ch Contg. Additional Allocation $ 300,000.00 Add Changes WVCC 2 Adjusted Balance $ 1,735,029.84 Approved Contract Change orders $ 1 ,634,670.20 Pending/Potential CCOs $ 330,969.87 Disputed CCOs $ - Item Over/underruns $ - Contingency Deficit $ (230,610.23) Page2of2 CONTRACT CHANGE ORDER NO.8 CONTRACT NO. PW99-11CH -1 of 5- PROJECT: PECHANGA PARKWAY PHASE liB STORM DRAIN IMPROVEMENTS WOLF VALLEY CREEK CHANNEL - STAGE 2 PROJECT NO. PW99-11CH. RCFC & WCD PROJECT NO. 7-0-0260-02 TO CONTRACTOR: ROAD BUILDERS. INC. NOTE: This chanae order is not effective until approved bv the Citv Manaaer. CHANGE ORDER REQUESTED BY: ENGINEER 8.1A DESCRIPTION OF WORK: Construct 3" of Asphalt Concrete Pavement over 6" of Class 2 Base along the 14-foot wide maintenance access road for the Wolf Valley Creek Channel from Loma Linda Road to Deer Hollow Way. Method of Payment: Extra Work at Agreed Unit and Lump Sum Prices: 3" AC Pavement, Wolf Creek North Side, 1,040 TN @ $83/TN .....................$ 86,320.00 6" Class 2 Base, Wolf Creek North side, 56,131 SF @ $0.90/SF ..................$ 50,519.90 3" AC Pavement, Wolf Creek South Side, 1,235 TN @ $83/TN .....................$ 102,505.00 6" Class 2 Base, Wolf Creek South side, 66,668 SF @ $0.88/SF .................$ 58,667.84 Excavation, 2275CY@ $6.80/CY ....................................................................$ 15,470.00 Survey, 1 LS @ $3,500.....................................................................................$ 3,500.00 Subtotal............ ... ... ...... ...... .... ... ...... ........, ........... ... ... ... ... ... .......... ... ... ........$ 316,982.74 The agreed unit and lump sum prices constitutes full compensation, including all mark-ups for the work described above and no additional compensation will be allowed therefor. CONTRACT CHANGE ORDER NO.8 CONTRACT NO. PW99-11CH -2- 8.18 DESCRIPTION OF WORK: Eliminate construction bid items numbers 28 and 39 (3" of crushed slag base access road) for Wolf Valley Creek Channel from Loma Linda Road to Deer Hollow Way. Credit: Bid Item # 28 - 3" Crushed Slag Base Access Road 56,131 SF @ $0.45/SF $ 25,258.95 Bid Item # 39 - 3" Crushed Slag Base Access Road 66,668 SF @ $0.44/SF $ 29,333.92 Subtotal.................................................................................................... -$ 54.592.87 8.2 DESCRIPTION OF WORK: Remove the remaining section of the existing box culvert at Wolf Valley Road east of Pechanga Parkway. Method of Payment: Extra Work at Agreed Lump Sum Price: 1 LS @ $28,800 .........................................................................................$ 28,800.00 The agreed unit price constitutes full compensation, including all mark-ups for the work described above and no additional compensation will be allowed therefor. 8.3 DESCRIPTION OF WORK: Remove the existing bridge at Loma Linda Road east of Pechanga Parkway. Method of Payment: Extra Work at Agreed Lump Sum Price: 1 LS @ $39.780.00.....................................................................................$ 39.780.00 The agreed lump sum price constitutes full compensation, including all mark-ups for the work described above and no additional compensation will be allowed therefor. CCO 8 - Total Increase ............................................................................$ 330.969.87 Original Contract Amount.................................................................... $ This Change Order ............................................................................. $ Previously Approved Changes.......... .................................................... $ Sports Park Sewer CCO ...................................................................... $ Total Adjusted Contract Amount.......................................................... $ 2,940,768.42 330,969.87 1,604,144.20 30,526.00 4,906,408.49 R:ICIPIPROJECTSIPW99199-11CH WVCC Stage 2ICCOICCO.OO8A.doc CONTRACT CHANGE ORDER NO.8 CONTRACT NO. PW99-11CH - 3 - Adjustment of Working Days.... ... ... ...... .................................................. ........... ........ ... ............... +15 Prepared by: Date: City of Temecula - Steven W. Beswick, P.E. Associate Engineer Reviewed and Concurred by: Date: RCFC & WCD - Stuart E. McKibbin, P.E. Chief of Planning Division Submitted by: Date: City of Temecula - Greg Butler, P.E. Principal Engineer Approved: (As directed by City Manager) City of Temecula - William G. Hughes, P.E. Director of Public Works/City Engineer Date: We the undersigned contractor has given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may othelWise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted, Date: Contractor: Road Builders, Inc. Company name By: Title: Signature Name: Printed If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. R:ICIPIPROJECTSIPW99199-11CH WVCC Stage 2ICCOICCO.OO8A.doc ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER / CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council William G. Hughes, Director of Public Works/City Engineer DATE: May 24, 2005 SUBJECT: Authorization for Loma Linda Road Street Closure PREPARED BY: Greg Butler, Principal Engineer Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council: 1. That the City Council adopt a resolution entitled: RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY 3- WEEK STREET CLOSURE OF LOMA LINDA ROAD BETWEEN TEMECULA LANE AND PECHANGA PARKWAY FOR THE REMOVAL OF THE EXISTING LOMA LINDA ROAD BRIDGE OVER THE OLD WOLF VALLEY CREEK CHANNEL, LIMITED TO BETWEEN JUNE 20 AND AUGUST 12, 2005 AND AUTHORIZING THE CITY ENGINEER TO APPROVE A TRAFFIC CONTROL PLAN FOR THIS SPECIFIC CLOSURE. BACKGROUND: The triple-cell box culvert redirecting the flow of the Wolf Valley Creek Channel underneath Loma Linda Road has been completed as part of the Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-11 SD. To expedite the widening of the Pechanga Parkway at Loma Linda Road, staff is recommending the removal of the existing bridge on Loma Linda Road east of Pechanga Parkway. The removal of the existing bridge is included in the Pechanga Parkway Widening Improvement Project; however, the removal of the existing bridge during the summer months when school is not in session would alleviate vehicular and pedestrian traffic congestion. The removal of the existing bridge will be completed via a contract to the Pechanga Parkway Storm Drain Improvements (Wolf Valley Creek Channel-Stage 2), Project No. PW99-11 CH. The removal of the existing bridge on Loma Linda Road east of Pechanga Parkway will require the temporary closure of Loma Linda Road between Temecula Lane and Pechanga Parkway. The change order will limit the duration of this road closure to 3-weeks. Motorists will be detoured around the closure. R:\AGENOA REPORT$\2005\052405\Loma Linda Road Closure. DOC Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right-of-way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the remoyal of the existing bridge on Loma Linda Road east of Pechanga Parkway. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. FISCAL IMPACT: None. ATTACHMENT: 1. Location Map 2. Resolution No. 2005-_ 2 R:\Jl.GENDA REPORTS\2Q05\052405\Loma Linda Road Clo5ure.DOC = ~ . .... .... ~ ....'" Il. ~ ~ ~ l:: I~ U ,~. <::l ~ .. b ~ ~ .... u .. z~. ~ C' lC RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY 3- WEEK STREET CLOSURE OF LOMA LINDA ROAD BETWEEN TEMECULA LANE AND PECHANGA PARKWAY FOR THE REMOVAL OF THE EXISTING LOMA LINDA ROAD BRIDGE OVER THE OLD WOLF VALLEY CREEK CHANNEL, LIMITED TO BETWEEN JUNE 20 AND AUGUST 12, 2005 AND AUTHORIZING THE CITY ENGINEER TO APPROVE A TRAFFIC CONTROL PLAN FOR THIS SPECIFIC CLOSURE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, the City ofTemecula is removing the existing bridge on Loma Linda Road east of Pechanga Parkway, for which such temporary street closure on Loma Linda Road between Temecula Lane and Pechanga Parkway promotes the safety and protection of persons using or proposing to use that street for the construction project; and WHEREAS, the City Council desires to facilitate the approval of traffic control plans to temporarily close Loma Linda Road for the remoyal of the existing bridge on Loma Linda Road east of Pechanga Parkway and limit such temporary closure to the period between June 20, 2005 to August 12,2005; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve the temporary street closure of Loma Linda Road for the removal of the existing bridge on Loma Linda Road east of Pechanga Parkway, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineerto permitthe temporary street closure of Loma Linda Road for the removal of the existing bridge on Loma Linda Road east of Pechanga Parkway for maximum three week long period between June 20, 2005 and August 12, 2005, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. 3 R:\AGENDA REPORTS\2005\052405\Loma Linda Road Closure. DOC PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th day of May, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City ofTemecula at a regular meeting thereof held on the 24th day of May, 2005, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: Susan W. Jones, CMC, City Clerk 4 R:\AGENDA REPORTS\2005\052405\Loma Linda Road Closure.DOC ITEM 12 APPR~ CITY ATTORNEY . DIRECTOR OF FINAN CITY MANAGER CffJ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council DATE: ~~ William G. Hughes, Director of Public Works/City Engineer FROM: May 24, 2005 SUBJECT: Authorize Temporary Street Closures for the Street Painting Festival in Old Town (Main Street between Murrieta Creek and the easterly terminus of Main Street at Interstate 15) PREPARED BY: WRonald J. Parks, Deputy Director of Public Works \(.steve Charette, Associate Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CLOSURE OF A PORTION OF MAIN STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The Annual Street Painting Festival scheduled for June 18th and 19th of this year necessitates the physical closure of certain streets in the Old Town area, and related detouring, as these streets serve as the canvas on which artists will paint. The street closures will also serve to accommodate and provide the free movement of pedestrian traffic by minimizing potential vehicular-pedestrian conflicts. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safely and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. R:\AGENDA REPORTSI2005\052405\Street Painting Festival.Street Closure.doc The recommended resolution delegates the authority to approve temporary street closures for the Street Painting Festival sponsored by the City of Temecula. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's Street Painting Festival requires the closure of Main Street between Murrieta Creek and the easterly terminus of Main Street at Interstate 15 from 6:00 AM on Saturday June 18th 2005 to 5:00 PM on Sunday June 19th. 2005. The designated streets will remain closed through Saturday night. Old Town Front Street and Mercedes Street shall remain open to through traffic at all times. FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of necessary warning and advisory devices by the Temecula Community Services Department and the City Public Works Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2005-_ 2. Location Map 2 R\AGENDA REPORTS\2005\052405\Slreet Painting Festival.Street Closure.doc RESOLUTION NO. 2005-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CLOSURE OF A PORTION OF MAIN STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, the City of Temecula desires to authorize the closure of public streets for the Street Painting Festival sponsored by the City of Temecula, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for this special event; and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets, specifically Main Street between the Murrieta Creek and the easterly terminus of Main Street for the Street Painting Festival; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Street Painting Festival sponsored by the City ofTemecula, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the Street Painting Festival scheduled from 6:00 AM Saturday June 18th, 2005 to 5:00 PM Sunday June 19th, 2005 and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th day of May 2005. Jeff Comerchero, Mayor ATTEST: Susan W.Jones, CMC, City Clerk 3 R:\AGENDA REPORT$\2005\052405\Street Painting Festival.Street Closure.doc [SEAL] STATE OF CALIFORNIA' ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of May 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: . 4 R:\AGENDA REPORTS\2005\052405\Street Painting Feslival.$treel Closure.doc < ~ CANOPY 20X20 SIGN UP . CANOPYlOXlOBAND . FOOD VENDORS o Commercial Vendors ,=.. Blocked off east of Children's Museum Parking Lot, all of Main St. eaSt. Open at cross streets '" < ITEM 13 APPROVAL CITYATTORNEY DIRECTOR OF FINA CITY MANAGER . CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ~W William G. Hughes, Director of Public Works/City Engineer May 24, 2005 TO: DATE: SUBJECT: Completion and Acceptance of the Old Town Southern Gateway Landscaping, Project No. PW02-20 PREPARED BY:-f1:J!reg Butler, Principal Engineer ~ Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of the Old Town Southern Gateway Landscaping, Project No. PW02-20, as complete and; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount; and; 3. Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On December 14, 2004, the City Council awarded a construction contract and a construction maintenance contract for Project No. PW02-20, Old Town Southern Gateway Landscaping, to International Pavement Solutions, Inc. of San Bernardino, Califomia in the amounts of $351,930.50 and $3,600.00 respectively. Work was separated into two (2) separate contracts to meet the requirements of the Environmental Enhancement & Mitigation grant, which funds a major portion of the project. Under the construction contract, the project installed and constructed landscaping, irrigation, stabilized decomposed granite walks, two-rail wood fencing, concrete f1atwork and benches, an overlook wall with interpretive signage and free-standing pergola, and decorative lighting, throughout the vacant lots at the southeast, northeast, and northwest corners of the intersection at First Street/Santiago Road with Old Town Front Street. The Contractor has completed the work associated with the construction contract in accordance with the approved plans and specifications, to the satisfaction of the Director of Public Works/City Engineer, and all work, with the exception of landscaping, will have a warranty for a period of one (1) year from the date of acceptance by the City. In accordance with the specifications, landscaping items will have varying warranty periods which begin on the date of acceptance of work covered by the construction maintenance contract. The final construction contract amount including all contract change orders is $377,987.40. The R:\AGENDA REPORTS\2005\052405\PW02-20 Acceplance.DOC construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The Old Town Southern Gateway Landscaping, Project No. PW02-20 is funded by the Redevelopment Agency, and an Environmental Enhancement & Mitigation (EEM) grant. The base amount of the construction contract was $351,930.50. Eight (8) contract change orders were issued for a total of $30,933.00. The total quantities for bid items 6 and 9 were not needed, which corresponds to a reduction of $10,505.60. The total quantities for bid items 4, 5, 7, and 18 were exceeded, which corresponds to an increase of $5,629.50. The net result of the contract change orders and quantity imbalances is an increase of $26,056.90; thus, the final construction contract amount is $377,987.40 which is well within the authorized contract and contingency amount. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond R:\AGENDA REPORTS\2005\052405\PW02-20 Acceptance.DOC RECORPING REQUESTED BY ANP RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula. CA 92589.9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to International Pavement Solutions, Inc., P.O. Box 10458 San Bernardino, California 92423-0458 to perform the following work of improvement: OLD TOWN SOUTHERN GATEWAY LANDSCAPING Project No. PW02-20 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on May 10, 2005. That upon said contract the Safeco Insurance Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Old Town Southern Gateway Landscaping Project NO. PW02-20 6. The location of said property is: Old Town Front Street at Santiago Road, Temecula, California Dated at Temecula, California, this 24'" day of May, 2005 City of Temecula Susan W. Jones CMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 24'h day of May, 2005. City of Temecula Susan W. Jones CMC, City Clerk R:\CIP\PROJECTS\PWQ2\PW02-20 Gateway l,mdscape\COMPlETIQN NOTE.doc - ""' 'Bond # 6276841 CITY OF TEMECULA, PUBUC WORKS DEPARTMENT MAINTENANCE BOND' FOR PROJECT NO. PW02.20 OLD 70WN SOUTHERN GA TSWAY LANDSCAPING KNOW ALL PERSONS BY THESE PRESENT THAT: Intematioml Payemeut SolutiollS. Inc. . P.O. BoxlO458. San Bernardino. CA 92423'{)458 NAME AND ADDRESS CONTRACTORS . a Corporntiou . (IIIIIn_aClllpo.-".. Fal1n_Jp"'~ . hereinafter called Principal, and Safeco Insurance Compam. of America. 130 W. Vine Street. Redlands. CA 92373 NAME AND ADDRESS OF SURETY hereinafter called SURETY. are held and firmly bound unto CITY OF TEMECUlA, hereinafter called OWNER. In the penal sum of Three Thousand Six Hundred Dollars and NO/lOO DOLlARS lIIId CENTS ($ 3.600.00 ) in lawful money of the United states, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula l.mder the tenns of the Contract. for the payment of which, we bind ourselves. successors. and assigns, jolnUy and severally, f1nnly by these presents. THE CONomON OF THIS OBUGATIONis Such.that wh~, the Principal entered into a oer1SIn Contract with the OWNER. dalBd the I~a. day of lJGaII'I8k/C:... 2004, 8 copy .. of which is hereto attachecl and made a part hereof for the cOnstrudIon of PROJECT NO. PW02. 20, OLD TOWN SOUTHERN GATEWAY LANDSCAPING. . WHeREAS, said Contract provides that the Principal will furnish a .bond conditioned to guarantee for the period of 2D!! (1) year after approval of the final estimate on said job, by the OWNER. against all defects in workmanship and materials which may bec:ome apparent during aaid period: .and WHEREAS, the saki Contract has been oompIeted, and was the finalesUmale approved on _ jl/llUL .,. 7 . MIJ5 .-i8!lIt. . . . NOW, TliEREFORE. THE CONDInON OF THIS OBUGATlON IS SUCH, that If within one year from the date of approval of the final estimate on said job pursuant to the Contract. the work done under the IBrms of said Conlracl shaD d1~e poor workmanship in the execution of said work. . and the carrying out of the terms of BBld Contraat, or it shaH appear that defective materials were fumlshed thereunder, then this obrrgation shall remain in fuR force and Virtue. otherwise this instnIment shall be wkl. As a part of the obliga80n secured hereby and in addition to'the face amount specified, oosta and reasonable expen8eS and fees shaD be included, including reasonable attorney's fees lnCUTT8d by . the CIty of Temecula in succeasfu1ly enforcing thIs obligation, aD to be taxed as Costs and Included In any judgment l'8I1dered. MUll9WICEIIONll ~l ~-"~.dlIO - 1-. - - . The Surety hereby stipulates and agrees that no change, 8Xl:ension of time, alteration, or addition to .the terms of the Con1ract, or to lhe wort: to be performed thereunder, or to the specifICations accompanying the same, shaH In any.way affect its obligations on this bond. and It does hereby waive notloa of any such change, extension of time, alteration. or addition to the terms of the Contract. or to the work, or to the SileClfications. Signed and Sealed this 27th (Seal) ~7~r Karen 1. Bjomestad (Name) Attorney In Fact . (TItle) APPROVED AS TO FORM: . Pelar M. ~, CIty AIIomey MAIOCIWlCE BOND day of April 2005 . 2004. ~ ~ ~. ~, . ...- :::.: :;;0..; ~ "'~ ;: PRINCIPAL 8Y: ~7'- Brent C. Rieger . (Name) President (T1IIe ) By: ~,." Dennis C. Rieger (Name) Treasurer {TIlle) .M.,2 .~~GoIIIay . ~.7~ ....__..... "".....n"7 J';;I ..Jd.... ~ S A FEe O. . POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE Ct:II6'ANY OF AIKERlCA H<U OfFICE: SAFECDPIAlA SEATTlE, WASHINGTON 98185 No. 11002 KNOW AlL BY 11lElIE PRESENTS: ThaI SAFECO IIISURAIICE COMPANY OF AIIEJICA and GENERAL IHSURANCE COMPANY OF AMERICA, _ . Waohil.... .............~ does """" hen>by appIilI ..... If I '"11 I D:1IARDABIlALL;JCAJIlNJ.BlORNESTAD;-'.Oiiuio I 1111 IT........... n T r.-.......... Ia trua and _ ~~..........,.. __... 10 _1deIy and --'Y _... --Ill" 1hI_ __ 0I.1Iiriar__ _..........oIlo__and"_", ~-_.....". IN WII1IESS WHEREOF. SAFECO INSUIWICE COMPANY OF AMERICA and GENERAL IIISURBNCE COIIPANY OF AMERICA _ _ .......... and ---- ......710 ""'01 _ . 2003 ~k.jvt~\~ ... lIIIKE IICGAVlCK, PRESIDENT CIIRIS11IIE MEAD, SECRETARY CERllRCATE __"~oISAFECOIllSURNlCECOIIPANYOF AMERICA. _ 01 GEIERAL IIISURAIICE CCIIIPANY OF "'W:I'UC~ . ._ V; S.adion 13. , FIlEUTYANJSlIlElY BONDS ~.lha Po........ .. Vica PI........ .. ~......' " 4 Vica ~ .. 4 -.......1Dr thai _1l)I" _in m.g.0I--'Y ~ .........._ _......,.. OIlPOinIinclIwiduoIo__ ,...in ....___... _ _aUIIoriIy" -... _01" _1dIilr"1hI111111y_ _.__ 01..... chao... iauIId 1l)I"_ in........... olio ...-... On.., -.......... .-...,....", ___A_..... sigooIIns "'"'.........,.., _ On.., __ .............._ ..-My........, band... ......."'01..._...-.... -...--. "'"'........ '''' _...in.., _"""""... 'MpnMdool, _. _..__ not be.... }.....-yol..,__..._...bdl.... _ _.R ,..... 01"_ oIDindn 01 SAFECO INSUR'INCE COMPANY OF AMERICA and 01 GENERAl IN5IJIl....... COMPANY OF AMERICA...",.... JWy 28. \970. '"On..,__ll)Ilhas....... or.._-,01.. Can...,y -.goul, (i) Tha_ioiaI..0I_V._,301...~_ (ii) ACIllWoI..p. .. .f......................_.r._~_._ (ii) CerIfP1g__Pl 1 ",................_Aioin..__oIIIc:t. thollignalJn",h ~olIice<",", be 1l)I-"'" ondtho_",tho Con.-ny lIIIY"'a -.._.. I. ~ -. SecAl8Iy 01 SAFECO IHSUIWICE CCM'ANY OF AMERICA and 01 GENERAL INSUIWICE COMPANY OF AMERICA, do"""" CIItify thai ... ~ _ 01 lha ~ _ 01. RI r..... ",.._ 0I1linlclln 01_ coo"'"........ ond"'a Paworol ~ iauIId 1'U'SU8I1I-.... """ andClOlrlld, 1hI1h11_ lha~.'" p""".- r ond hI'!-' ",__....1IiI in fulbaoand_ IHWlTNESSWHEREDF.I__"",,,,,_and_lha__"'_~. lhis 27th '*"101 April . 2005 CHRISTINE MEAD, SECRETARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On April 27, 2005 Oat. before me, Gabrielle B. Fulton, NotaIy Public Name and Title of OffICer (e.g., 'Jane Doe, Notary Public" personally appeared Karen 1. Bjornestad, Name(s)ofSigner(s) ~ personally known to me - OR - 0 ~Jr.{l\'et::l ta me aA tAe easis af satisfastary e\,it::leAce to be the personfsj whose namefsj is/afe subscribed to the within instrument and acknowledged to me that IleIshe!tlley executed the same in IIis.lher/llleif authorized capacityfiest.- and that by llis/her/lIleif signaturefsj on the instrument the personfsj, or the entity upon behalf of which the person{&) acted, executed the instrument. GAlJRlEUE B. F JON . CommISSIOn' 1452MB ~ . . N61CIIY PublIc - CaI/OmICI son' IlerAOfdlno County , , My' E~Nov22. WITNESS my hand and official seal. ~~/~-~1~ Signature of Notary Public OPTIONAL Though the informetion below is not required by law, it may prove valuable to persons relying on the <tJcument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: April 27, 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Brent C. Rieger, Dennis C. Rieger Capacity(les) Claimed by Signer(s) Signer's Name: Karen J. Bjornestad Signer's Name: o Individual o Corporate Officer Hle(s): o Partner - 0 Limited 0 General ~ Allorney-i n- Fact o Trustee o Guardian or Conservator D other: T Of) of thumb h<'Ie D Individual D Corporate Officer Title(s): D Partner - 0 Limited D General D Allorney-i n- Fact D Trustee D Guardian or Conservator o Other: Top of thumb here ~ r:;~--...._ 3~P ~ 0" S 2\.=Q Signer Is Representing: Signer Is Representing: Safeen Insurnnce Company of America CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Apri128, 2005 Date San Bernardino before me, Nancy Escobedo, Notary Public Name end TlIte of Officer (e.g., 'Jane Doe. Nm.y Public") personally appeared Brent C. Rieger and Dennis C. Rieger Name(')OfSigner(s) ~ personally known to me - OR - 0 Ilr-o':ed ta me aR the baeie at eatietaGtary e':ideRs6 to be the person{&l whose nam~ is/lIFe subscribed to the within instrument and acknowledged to me that he/eheMa;' executed the same in hislherltheir authorized capacity~ and that by his;I,t"llh.eil signaturefa} on the instrument the person(-st, or the entity upon behalf of which the person~ acted, executed the instrument. Jfj.~-' J ~~-~ . San~Cowdv - MvComm. Exi*lJan 31, ------ WITNESS my hand and official ~. If ( ~ 1 ~Sf1~N~P~iC OPTIONAL Though the infbnnetion below;s not required by lew, it may prove valuable /0 perscns "'lying on the d:Jcument and could Pf!lvent fraudulent ",movaland reattachment of this fbnn /0 another document. Description of Attached Document Tille or Type of Document: Maintenance Bond Document Date: Apri127, 2005 Number of Pages: Karen J. Bjomeslad 2 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Brent C. Rieger Signer's Name: Dennis C. Rieger o Individual ~ Corporate Officer Title(s): President o Partner - 0 Umited 0 General o Altomey-i n- Fact o Trustee o Guardian or Conservator o other: Top of thumb .~ o Individual ~ Corporate Officer Title(s): Treasurer/CEO o Partner - 0 Limited 0 General o Altomey-i n- Fact o Trustee o Guardian or Conservator o other: Top of thumb here PIGfI] THur lGPRINT F -,,[ ~ Signer Is Representing: Signer Is Representing: International Pavement Solutions Inc. ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~ HI William G. Hughes, Director of Public Works/City Engineer May 24, 2005 DATE: SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Diaz Road Realignment (Phase II) Project No. PW95-27 PREPARED BY: Amer Attar, Principal Engineer Scott Haryey, Associate Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Diaz Road Realignment (Phase II), Project No. PW95-27. BACKGROUND: The City has completed the design and specifications for the Diaz Road Realignment (Phase II) Project. The Project is identified in the Capital Improvement Program for Fiscal Years 2005-2009. This project is the second phase of the Diaz Road Realignment Project. This phase will realign Diaz Road from approximately 1,200' south of Rancho Way to the intersection of Rancho California Road and Vincent Moraga/Business Park Drive. The specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The contract documents are available for review in the City Engineer's office. The Engineer's Construction Estimate for this project is $1,400,000.00. FISCAL IMPACT: The Diaz Road Realignment is a Capitallmproyement Project funded through Measure A, Capital Project Reserves, Development Impact Fees - Public Facilities and Development Impact Fees - Street Improvement funds. ATTACHMENTS: 1. Project Locations 2. Project Descriptions R:\AGENDA REPDRTSI200S\oS240S\PW95.27PhaselIBID.DOC ~ ~ ~ ~ ~ - .... ~ otf).,sJ 0 ~ Eo< ~ ~ ~ tl ~ Ill: g ~ ~ U \ ~ >.:l Gl t; 'l::l E::: z~ ~ tl .. .- ~ 0 .. Ilo; - ~ ;l o ;l ll. ~ f:: ~ u ~ ~ tl ~ ~ ~ ~ ~ ~ o ~ Eo< Z r.1 U ~ o Eo< Eo< Z r.1 ~ Z " ~ l;j ~ ~ ~ - ,,- ~3~ ..s....g .", " ~-go .g.", .5 gaS ~ .. ~ iU ~... _ 'V = .~ ~ ~ .2:..= Q .... 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'" ~ '60 = '" ~ .9 = = <<i = .9 .2 ~ .g n 1:) :5:0 g g ~ '" a :::s {/) (/.l ._ ";j -i3 0" l:: = rn ... ..:<88Q~ t-Ot"--O~ l/)O.q-\O\O ~ ooOM\Ooo ~ NO"'\O"'V'I"'~ 0 Ol/)O\V'lO ~ N\OMO\N a "':M' "'g " .~ " '0; '0 !3 fa 6"76"76"76"7&:t 1: '" '" S .2 d.) :E ~ .- .... al 0. ~.s "- :.= 3 ~~ .... .s € " Co e Co ~ ~ e " ,s '" ..,. Ol , '" '" '" 0 rn d.) d.) ... d.) d.) d.) Q,) i: ~ ~ :g ll)OO (/) m <<l ~ ~Q.Q. = ... .s.s .. .;: CJ... _ b.Q ... o .g, = =.5 i=' O....,.l 0 Q,) d.) ""0 .- 0'<0 .... S e = u ..,..g~ 0.0." " ..,,"oo~-5 ~.t::uuca "'O~ d.)Q.>>- Q,) ",;:?J8QQ~ '0; ]- o " .r!l ..0 l .:i '" e rIi u"O ~ ~ ~r:.. 0'8 .. .. ... u " ... ... " " co r:..VJ. ts " '0' .... Co .s '" " " o ~ Z ITEM 15 CITY ATT~:~~VAL rlAA' - DIRECTOR OF FINANd CITY MANAGER riftl CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ~ fJjf William G. Hughes, Director of Public Works/City Engineer May 24, 2005 DATE: SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installation, SR 79 South at Country Glen Way, Project No. PW04-09 PREPARED BY: (11Greg Butler, Principal Engineer Brian Guillot, Assistant Engineer RECOMMENDATION: That the City Council approve the plans and specifications, and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installation, SR 79 South at Country Glen Way, Project No. PW04-09. BACKGROUND: The installation of a traffic signal at the intersection of SR79 South and Country Glen Way was required as a condition of approval (PA94-0095) for a new shopping center (Vail Ranch Center) located along SR79 South between Country Glen Way and Redhawk Parkway. At the time of development, the traffic signal was not fully warranted as set forth in Caltrans standards. Therefore, the City collected the equivalent fee amount from the developer so that the traffic signal may be constructed in the future. The City now desires to proceed with the construction of the traffic signal. The specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The documents are available for review in the City Engineer's office. The Engineer's Construction Estimate for this project is $140,000.00. FISCAL IMPACT: The Installation of Traffic Signal at SR79 South and Country Glen Way is funded primarily through fees paid by the developer and on deposit with the City. ATTACHMENTS: Location Map R:\AGENDA REPQRTS\2005\052405\PW04-09 Auth to Bid.DOC 'Cl\r,j~\\:l'oj~\:l'oj~ <?,O 0"- "'~ <a o I- U ..... ..., o a:: a.. 7/~ '1 :s: S ca, 6> ~ ~ Woo Ow <{z QO z- WOO >~ <{::< 'mJ H11~S HVI0303r ~'! . ;~-~~(:? _.., ..n I . I /.\)/ / '. ,.' \\ \ ' '::..'';', " . ~., /". ;> //"""" . I,,) ." //..- I '\ .-- .","^-' / ~ " '(/ l , 1/ + )( /) "" + >- <I: ::3 Z ZW 0-1 ........L.:J f- <I:>- -1(}::: -1f- <I:Z f-:JO'> (/JOG ZUI ........ -.;t -1~~ <I: <I: 0- Z L.:J - ........IO (/Jf-Z :J UOf- ........(/JU LL LLO'>~ <I:f'..0 (}:::(}:::(}::: f-(/JO- ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ~ ~ William G. Hughes, Director of Public Works/City Engineer May 24, 2005 DATE: SUBJECT: French Valley Parkway/l-15 Overcrossing and Interchange Improvements, Project Report Preparation, Project PW02-11 & French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I Amendment to a Consulting Agreement PREPARED BY: mer Attar, Principal Engineer Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve Amendment NO.1 to the agreement with Moffatt & Nichol Engineers in an amount not to exceed $710,553.40 to provide the necessary design services to finalize the Project Report (PR), Environmental Documents (ED), and to complete the design (Plans, Specifications & Estimate) for the French Valley Parkway/I- 15 Interim southbound off-ramp to Jefferson Avenue, the widening of the southbound off-ramp at Winchester Road, and adding an auxiliary lane; and authorize the Mayor to execute the amendment to the agreement. BACKGROUND: On December 17, 2002 the City Council approved a consulting services agreement with Moffatt & Nichol Engineers (M&N) to prepare a Project Report (PR) and Environmental Documents (ED) for this project and provide the plans, specifications, and estimate (PS&E) for the Interim Southbound Off-Ramp to Jefferson Avenue - Phase I. Amendment No. 1 includes two components. The first component is the extra work needed to complete the Project Report and the Environmental Document and to do a Geometric Design Report. This additional work is necessary due to the following: · The new traffic modeling changed the lane configuration for the 1-15 mainline, 1-15/1-215 Collector Distributor system as well as the Direct Connector between the two freeways. · Several extra environmental surveys, studies, and reports required by Caltrans to finalize the environmental document. · The Geometric Design Report locks in the alignments of the various elements of the interchange and reduces the chances of further modifications to these alignments by Caltrans during future phases of the project. 1 R:\agenda report\2005\0524\FrenchValley PR Design Consultant Amendment No.1 The second component includes additional design work (PS&E) required for an expanded scope of the French Valley Parkway/ 1-15 Interchange, Phase 1 interim project. The extra work includes an auxiliary lane between the proposed French Valley Parkway southbound off-ramp and the Winchester Road southbound off-ramp and widening the bridge over Santa Gertrudis Creek to provide an additional lane for traffic exiting 1-15 at Winchester Road. The total additional cost for Amendment NO.1 is $710,553.40. The constant backup of vehicles on 1-15 at Winchester Road has become a primary concern for officials from the cities of Temecula and Murrieta, the County of Riverside, and Caltrans. As a result, Caltrans has offered to contribute $750,000.00 to the cost of the construction of the auxiliary lane between the proposed French Valley Parkway southbound off-ramp and the Winchester Road southbound off-ramp and widening the bridge over Santa Gertrudis Creek. FISCAL IMPACT: The City of Temecula has identified both the French Valley/I-15 Overcrossing and Interchange Improvements and the French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I, within its Capital Improvement Program for FY2005-2009. Adequate funds are available in Account's. 210-165-726-5802, 210-165-719- 5802, to cover the amount of the Amendment No.1, $710,553.40. ATTACHMENTS: 1. Project Descriptions 2. Project Locations 3. Amendment NO.1 2 R:\agenda report\2005\0524\FrenchValJey PR Design Consultant Amendment No.1 rI.l ~ I I ~ ~ ~ ~ ~ ~ ~ rI.l rI.l ~ ~~ < ~ == u z ~ ~ I:: U c ~ Ql b ~ ~ ... z~ u .. Q' ~ .. ,.. .. ~ ~ o ~ ~ ts z ~ u ~ !::: ~ ~ " ~ CI.l CI.l o ~ ~ 1Il ..... . .. -- .~ ~ E-; ~ u ~ l::l E-, \.,) f:l c ~ i ~ ....CI.l ~~ ~~ =~ uo Z~ ~~ OJ ';::l E::: .... u " .- c ... ~ "d U <:s os os ~j:l o '" p:: ~ "-€I ""d ;;: OS o 0.... .... " " "" ~ !i >..c: < t <:<: o .- '" ~ Ji" 1i <: ..... OS E "" o <: <./:i'a '" .- - '" , " ..... 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Po_ ol 0 UE-< FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MOFFATT & NICHOL ENGINEERS FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE IMPROVEMENT, PROJECT PW02-11 AND FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF-RAMP TO JEFFERSON AVENUE - PHASE I THIS FIRST AMENDMENT is made and entered into as of May 24, 2005 by and between the City of Temecula, a municipal corporation ("City") and Moffatt & Nichol Engineers ("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 January 14, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Seryices ("Agreement") in the amount of $1,091,693.00. B. The parties now desire to increase the payment for services in the amount of $710,553.40 and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM of the Agreement is hereby amended to read as follows: This Agreement shall commence on May 24, 2005, and shall remain and continue in effect until task described herein are completed, but in no event later than May 24, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5. PAYMENT of the Agreement is hereby amended to read as follows: a. The City agrees to pay ConsultanVContractorNendor monthly, in accordance with the payment rates and schedules and terms set forth in Attachment "A" for services described in Attachment "A", attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Seven Hundred Ten Thousand Five Hundred Fifty-Three Dollars and Forty Cents ($710,553.40) for additional Project Report a nd Phase I Design work for a total contract amount, of One Million Eight Hundred Two Thousand Two Hundred Forty-Six Dollars and Forty Cents ($1,802,246.40). 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\CIPIPROJECTS\PW021?N02-11 FVP Interchange. Project Report\ConsultantDocs\1st Amendment 042205.dol 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 CONSULTANT: Moffatt & Nichol Engineers 415 N. Vineyard AYe., Suite 200 Ontario, CA 91764 Attention: George Hale, Project Manager Phone: (909) 937-0125 Shing-Ching R. Chan, P.E., Principal in Charge Michael A. Kraman, P.E., Senior Vice President George R. Hale, P.E. Project Manager (Two Signatures Required For Corporations) ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. Component 1 Additional Work to Complete the Project Report Owing the course of the design of the Preliminary Engineering for the French Valley Parkway Interchange Project it was required to reevaluate the Traffic Projections for this stretch of I-IS with some additional improvements included in the model. This model run included the additional improvements but also included additional growth projections and traffic forecasts that changed the configuration of the project. This required a complete redesign of the I-IS / 1-215 Collector Distributor system as well as the I-IS mainline and the Direct Connectors between the two freeways. Moffatt & Nichol is therefore requesting a contract addendum to include this extra design effort. The attached cost sheet shows the breakdown of this work. 0'" .c8 .!!N Z - ",:: ~i ::EGi ..1ii 1;0 :l :; M C o U . E " ll. Ul ~ X lL MZ ~ClO l!!-Ul ..U)o: tUl- O::l Ilio:a !;lLUl ;;;0:0: 00"" >...0: ll...o "<('" .. !l U) fu .....0 :> 1:: lL'" :d::i 0 c( ..... 0: Z l!!:llL Q u. :t I- I- o~U)Ci ~woo u~<JC( II $ $ . ~ ~ ~ . ~ ~ H 8 8 ~ ~ ~ IOI~ 1fI:JIl8I::J . 8 OOlt:) ~ ~.Lfi: _i'i 88 8 $ ,_, ~;l ~ ~ ~ "_, 88 8 ~ ~;t ~I~ 111_' ~ ~ ~ 8 _3."~ "'_ 8 Jf)pftllfW,L ~ . """. ~~ 8 8 """" Ie ~'1~; ~. ~ .~ ~ ..- " ~ .... 88 8 "l:Jel1oet') 8 ~ ;~ ~<O . =~ I . " fi Ii ,~ It ! I i . ~ " " l - i ~~ ~~ t! f h . l~ " d ~ ~ " ~ ~ ~ ~ ~ . ~ ~ t t ... J ... ~ ~ ~ ~ ~ ~ III :s ~ ~ . ~ & ~ . " . if 0 .2> " ~ .!: ll: , .e " ! lr 0: " ~ ~ ~ ~ ~ " , -)i .e I ~ ~ ~ 1 ~~ I . t2 j~.c:!! '" 0 - E Q.. ii ~ . & ~ ~ ~ ~ ~ ~l ~ ti Q Q ~ !: 'g ol: ~~1'i7erf~ ~ '. . CONSULTING An Environmental Pfanning/Resource Management Corporation .~/. .S~ March 1, 2005 Mr. George Hale Moffatt & Nichol Engineers 200 Commerce, Suite 250 Irvine, California 92602 VIA FACSIMILE AND MAIL (714) 979-4131 fJ Subject: French Valley Parkway Interchange Project - Request for Budget Augmentation Dear Mr. Hale: In March 2004, BonTerra Consulting submitted a budget augment request to coyer out of scope work that was required for the preparation of the environmental documentation for the French Valley Parkway Project. The focus of that request was to address the additional time and effort in the following areas: ~~=rl ~~~G -----..------ . Project Management and Meetings . Environmental Services . Biological Resources . Cultural Resources . Direct Costs ~..~~? {/J -~~~..- The augment was not processed because the City of T emecula questioned the. need to conduct the biological and cultural resources studies. A revised augment request was submitted in April that eliminated the biological seryices request. .The Multi- Species Habitat Conservation Plan (MSHCP) was nearing completion and the City understood the plan would fully address the biological issues for this project. BonTerra Consulting's understanding is the City still had reseryations on the approach on the cultural resources requirements; therefore, no action was taken on the augment request. Since that time, the MSHCP has been adopted and the need for follow up surveys has been defined. For cultural resources, Caltrans is still requiring the surveys. 151 Kalmus Drive BonTerra Consulting is requesting that this augment request be processed to allow us to complete the necessary technical studies for the processing of the Initial Study/Environmental Assessment (IS/EA). We haye prepared an augmented scope of work and associated professional fees for the additional environmental and cultural resource work. These documents are included as attachments to this letter. . The scope of additional services is provided as Attachment A. The professional fees have also been formatted to coincide with Caltrans' Work Breakdown Structure (WBS) format (Attachment B). A schedule providing timeframes for remaining .tasks is. provided in Attachment C. Suite E- 200 Costa Mesa California 92626 (714) 444-9199 {714) 444-9599 fax www.bonterraconsulting.com Mr. George Hale March 1, 2005 Page 2 Neither the original scope nor this augment request includes the preparation of a socioeconomic impact study or relocation impact report. When the original scope of work was prepared it was assumed that only nominal amounts of right-of-way would be required and that most of the parcels where right-of-way would be acquired had been approyed for early acquisition. In December 2004 the draft survey report was proYided which identified the need for acquisition for portions of 42 parcels. The majority of these acquisitions are only partial takes and the residual parcel is still expected to be useable; however, given the number of parcels, it is anticipated that Caltrans will require a socioeconomic impact study. There is also a possibility if the Stout Family Funeral Home and the Basics Etc. are displaced, Caltrans will require a relocation impact report. At the January Project Development Team meeting, Mr. Amer Attar indicated that the City would prepare these reports. If the City needs assistance on the preparation of the reports, Bon Terra Consulting can provide any necessary support. BonTerra Consulting continues to be committed to Moffatt & Nichol Engineers to prepare quality products in the most efficient method possible. We look forward to continuing to work with you on this project. Please contact me at (714) 444-9199 if haye any questions or require additional information on the content of this letter. Sincerely, BONTERRA CONSULTING "'~:~ Principal of Technical Services Attachments: A - Scope of Services Augment Request B - Augmented Fees by WBS C - ReYised Project Schedule R:\Projects\Moffatt\J004\A.ugment-03010S.doc ATTACHMENT A SCOPE OF SERVICES AUGMENT REQUEST March 1, 2005 The following work effort for the French Valley Parkway Project are tasks that Bon Terra Consulting has determined to be outside our scope of services approved by the City of Temecula in 2002. Caltrans reyiewed the original scope of work at the onset of the project. The need for these additional work items is related to the extended length for processing the project, data request that have arisen through the process, and changes to context in which the project is being processed (I.e., approval of the Multi Species Habitat Conseryation Plan [MSHCP]). Consistent with the original scope of work, the Caltrans Work Breakdown System (WBS) number for each task is provided in parentheses where it is known. Where no WBS number is proYided it is because the appropriate number is not known. To provide context for the augment request, a brief summary of original assumptions for each task is provided. Proiect Manaoement PA and ED Component (WBS 100.05) BonTerra Consulting's initial scope of work assumed attendance at two project initiation meetings. All other coordination efforts were to be completed through the preparation of technical studies. Because of the extended project definition process, this approach could not be implemented. BonTerra Consulting has been required at monthly Project Development Team (PDT) meetings with Caltrans in San Bernardino. While this coordination has been helpful to ensure BonTerra Consulting is abreast of the modifications and approach for the project, the work effort has far exceeded the number of meetings assumed throughout the project scope of work. In 2003, BonTerra Consulting attended eight PDT meetings. To ensure our scope provides for this continued effort, this augment reflects the presence of the Environmental Project Manager at seven monthly meetings in 2004 and assumes attendance at eight in meetings in 2005 and five meetings in 2006 for a total of 13 additional meetings in 2004 through the anticipated completion of the environmental documentation in 2005. Should presence at more than 13 additional PDT meetings be required, an additional augment may be required. In addition to meeting attendance, the prolong schedule has required more management effort for the project. The original scope of work assumed a 12 month schedule for the environmental document. The project has been ongoing for 24 months and it is anticipated that the environmental documentation will not be completed until late 2005. BonTerra Consulting is requesting two hours of project manager time and one hour for administratiye staff per a month for the 24 months beyond the originally anticipated length of the project. This time is required for proper oversight of the project and management of the environmental tasks. Should the project extend beyond 2005, additional management time would be required. Perform Biolooical Studies (WBS 165.15) Through the preparation of the Natural Environment Study (NES), BonTerra Consulting has been required to do extensive coordination with Caltrans biological staff to determine the level of analysis required for the project. The original scope of work assumed a minimal level of detail for the biological work based on the findings in the PSR that there were no sensitive biological resources onsite. Additionally, in the interim, the MSHCP for Western Riyerside County was completed, which has necessitated coordination with County of Riverside. Given the recent approval of the MSHCP, this project is one of the first projects being processed through Caltrans that will be able to rely on the MSCHP to address potential impacts and mitigation for biological resources. However, because the proposed project would impact areas within designated cells of the MSHCP Reserve, A-1 additional sensitiye species suryeys not contained within the original scope of work are required. The project will also have to be reviewed by the resource agencies (i.e., USFWS, CDFG), though this would be subsequent to the IS/EA. While there was uncertainty in 2004 regarding which suryeys would be necessary, the need for these surveys has been confirmed wiih the County of Riverside. Based on coordination with Caltrans and the City of Temecula, the NES and Preliminary IS/EA assume presence for these species. By conducting these surveys at this time prior to finalizing the IS/EA, the need for mitigation can be better determined. If it can be determined that sensitiye species are not present, the need for mitigation can be eliminated. This scope of work assumes meetings will be attended by BonTerra Consulting to discuss the biological resources and project strategy necessary to meet project objectives. This work effort assumes up to 12 hours for meetings and miscellaneous support tasks. Any time necessary beyond the 12 hours will be billed on a time and materials basis after prior approval. Once the suryeys are completed, the NES would be amended to incorporate the finds of the studies. The following identifies the surveys required and the approach to be used. Focused Plant Surveys Suryeys for special status plant species will be conducted for those species potentially present on the project site. These surveys will be conducted during the blooming periods for each of the plants, which vary depending on rainfall and temperature. Therefore, reference populations will be monitored to determine the appropriate suryey time. Since the blooming periods for special status species typically overlap, generally one early spring and one late spring survey can be conducted to cover all of the desired species. The focused surveys will be conducted using meandering transects throughout suitable habitat on the project site. Field notes will be taken during the suryey. If any special status plant species are found, the location of each population will be mapped and voucher specimens will be collected and deposited in an appropriate herbarium to ensure accuracy in the identification. A collecting permit is required for the collection of any state endangered species, and the team of botanists will have the appropriate permits. Upon completion of the suryey effort, a letter report will be prepared on the suryey findings. The letter will include a methods and results section, with location and descriptions of all special status plant species found. All special status species will be recorded on a California Natural Diversity Data Base Field Survey Form and submitted to California Department of Fish and Game following surveys. Least Bell's Vireo/Southwestern Willow Flycatcher Surveys Focused surveys for the least Bell's vireo (Vireo bellii pusillus) and southwestern willow flycatcher (Empidonax traillii extimus) will be conducted to determine the presence of suitable nesting habitat and breeding birds within or adjacent to the project site. Surveys for the willow flycatcher will be performed by a biologist with the required USFWS permit. and will follow the USFWS survey protocol for this species. This requires a minimum of five surveys that need to be performed within specified time periods: suryey 1 from May 15 to May 31; suryey 2 from June 1 to June 21; and suryeys 3, 4, and 5 from June 22 to July 17. Tape recordings of southwestern willow flycatcher vocalizations will be played to solicit a response from any individual that may be present. Surveys for the least Bell's vireo will also follow the survey protocol recommended by the USFWS. This requires a total of eight surveys be conducted at approximately ten-day interyals between April 1 0 and July 31. Because of the similar ecological requirements, the surveys for the flycatcher and vireo can be conducted simultaneously. A total of ten surveys are required to comply with both protocols. The surveys will be conducted during appropriate weather conditions generally between dawn and 11 :00 a.m. If either of these two species is detected by visual or auditory means, information A-2 pertaining to sex, age, reproductive status, and habitat will be recorded. If nesting is believed to be occurring, the biologist will try to ascertain the general location of the nest, but will not approach or disturb the nest. Upon completion of the suryey effort, a letter report will be prepared on the survey findings. The letter will include a methods and results section with locations and descriptions of all least Bell's vireo and southwestern willow flycatchers found. A copy of the report wili be submitted to the USFWS, as required by the suryeying biologist's 10(a)(1)(A) permit requirements. Burrowing Owl Habitat Assessment-All potential habitat within the project site and within a 500-foot buffer around the project site will be suryeyed for burrows that may support nesting burrowing owls (Athene cunicularia). This will be accomplished by walking transects at regularly spaced intervals, depending on topography and vegetative cover, to achieve 100 percent visual coverage of all potential habitat within the project site. Potential nesting burrows will be inspected for evidence of occupation by burrowing owls. This evidence may include the presence of items at the mouth of the burrow such as pellets, feathers, and white wash. Any potential burrows found will be mapped. If no potential burrows or sign are obseryed during the Habitat Assessment, a letter report will be prepared on the survey's negative findings, and focused surveys will not be required. Focused Surveys-If potential burrows are obseryed during habitat assessment, focused suryeys will be conducted. A total of four surveys will be conducted from either two hours before sunset to one hour after, or from one hour before sunrise and continue until at least two hours after sunrise. Any active burrows and burrowing owl sightings will be recorded and mapped. Any pertinent behavior, such as courtship, will also be recorded. Upon completion of the survey effort, a letter report will be prepared on the survey findings. The letter will include a methods and results section with locations and descriptions of special status species found. Los Angeles Pocket Mouse Habitat Assessment During the Habitat Assessment, the project site will be inspected to identify suitable areas for the Los Angeles pocket mouse (Perognathus longimembris brevinasus). Habitat will be mapped and an eyaluation of the general condition of the habitats on site and in the surrounding areas will be made. If potential habitat is found to be on the project site, the habitat assessment will help to determine the best areas for the trapping effort. If sign is not present (e.g., scat, burrows) and soils are determined inappropriate upon completion of the Habitat Assessment, a letter report will be prepared on the survey's negative findings. Focused trapping surveys will not be required if sign/soils are not confirmed. Focused TraDDinq Surveys A trapping program to determine the presence or absence of the Los Angeles pocket mouse will be conducted on the project site. According to the protocol for this species, trapping should be conducted for five consecutive nights. Sherman live traps that are either 12 inches long or are modified to meet the protocol for the species will be used. Traps will be checked around sunrise and, because of the potential for trap mortality from overheating, two permitted biologists will be used for this work. Trapping will not be conducted if the nightly temperature is below 45 degrees Fahrenheit or if rain is forecasted. Trapping will occur between April 15 and August 1. If the species is detected prior to the completion of the five-day trapping effort, species presence will be confirmed, and the trapping session may be discontinued. If this occurs, fees will be reduced accordingly. A-3 Upon completion of the survey effort, a letter report will be prepared on the suryey findings. The letter will include a survey methods and results section with locations and descriptions of special status specie~ found. Prepare and Process Cultural Resource Compliance Documents (WBS 165.20.25) BonTerra Consulting's original scope of work for cultural resources assumed the Area of Potential Effect (APE) maps would be prepared and revised once, that only one literature search would be required, and Negatiye Findings for the Historical Property Survey Repot (HPSR). This task includes two meetings with Caltrans District 8 staff to ensure compliance with Section 106 requirements. Additionally, the scope of work stated that no Historical Architectural Survey Report (HASR) is deemed necessary because of the undeveloped and newly developed nature of the study area. It stipulated that should a closer evaluation of the study area, identify resources, a scope amendment would be required. Architectural Studies As indicated above, the original scope did not assume the need for a HASR. Howeyer, during early coordination with Caltrans, there was a request for an architectural study report to assess the potential for historic buildings and other types of structures. BonTerra Consulting is proposing the use of Applied Earthworks, who specializes in historic architectural for this work. Bon Terra Consulting conducted a preliminary search of Riverside County Assessor information for those 42 parcels where right-of-way will need to be acquired. Twenty-one parcels appear to be vacant, two parcels have buildings with constnuction dates listed (1920 and 1959), 11 parcels appear to have buildings but no construction dates are listed, and eight parcels are not represented in the Assessor database. As a result, we know there that at least two buildings or structures of historic age (I.e., greater than 45 years in age) may exist within the APE (APN 910-060-004 and APN 910- 100-010). This information has not been confirmed; however, because the architectural fieldwork has not been undertaken. There are 19 parcels for which we do not have ready information. For these Applied Earthworks will have to make visual assessments. If there are buildings or other structures in them, they may have to draw their conclusions from apparent architectural style, building materials, setting, etc. Forthe 21 structures built between 1920 and 1959 (the latter being 46 years old and therefore just over the Caltrans threshold for "potentially historic"), more information, such as the architect, who originally built/owned it, etc, may be needed. Therefore, a proposal has been prepared in which lower and higher levels of work are addressed by Applied Earthworks with different fee schedules ($9,282.20 and $15,956.40, respectiyely). The higher level of work will address up to 16 buildings or structures and include the preparation of a Historic Resource Evaluation Report (HRER), which Caltrans specified in comments dated May 12, 2003 as the required document for evaluating the significance of historic properties that will be affected in order to determine the appropriate mitigation measures. Archaeological Studies The work effort for the archaeological studies can be broken into four primary tasks: (1) preparation of the APE maps; (2) literature search; (3) archaeological survey; and (4) preparation of the technical reports. Due to the modifications to the project and direction from Caltrans, additional . work effort is required for all areas. Coordination on the APE was initiated in 2003 and several revisions have been made as the refinements to the project were incorporated. As previously indicated, the scope of work assumed the submittal of the APE map and one set of revisions. Work on the APE was suspended in August . 2003 until the project limits could be precisely defined. With the modification of the initial traffic numbers, the footprint for the project has been modified. Further revisions to the APE Map will be required because 14 parcels that will be affected by right-of-way acquisition have been added to the A-4 APE since revisions to the map were last made on August 30, 2003. It is assumed that the limits of the project will not be reyised to affect any additional parcels and the APE map will be submitted to Caltrans for approval, allowing BonTerra to complete the archaeological suryey. Additional hours are also needed for the archaeological survey because the size of the APE is larger than originally assumed. The APE, and therefore the suryey, must cover the entire parcel where any right-of-way 'is required. BonTerra Consulting conducted the literature search for cultural resources in April 2003 in compliance with the original scope of work. In comments sent to BonTerra Consulting on January 11,2005, Caltrans District 8 Cultural Studies Office Chief David Bricker determined that an updated cultural resources records search from the Eastern Information Center (EIC) is required to complete these studies because the original records search, prepared on April 17, 2003, is insufficient and outdated. To comply with this request, BonTerra Consulting is requesting authorization to conduct the updated literature search and review of the materials. Two individual reports are required by Caltrans from the project archaeologist: an Archaeological Survey Report (ASR) and a Historic Property Suryey Report (HPSR). BonTerra Consulting originally proposed completion of a Negative ASR and a Negative HPSR because the Project Study Report (PSR) by Caltrans stated that no historical resources were likely to be present. Negative ASRs and Negative HPSRs are short, uncomplicated reports. This approach was also supported by the limited amount of physical impact on surrounding lands and the disturbed nature of the site. Based on the 2003 literature search, three archaeological sites are on record in proximity to the proposed project. As a result, in their comments of May 12, 2003, Caltrans determined that the ASR should be prepared in longer Positive format, requiring a more extensive technical report. If any of the archaeological sites will be affected by the project, the HPSR, which is the lead cultural document, would also be prepared in Positive format as a longer technical report. Since the original comments were made, the terms for these reports have changed; howeyer, the work effort required is the same. The Programmatic Agreement (PA) effected between Caltrans, FHWA, and the State Historic Preseryation Officer (SHPO) on January 1,2004 changed the format of most cultural resources documentation required by Caltrans. ASRs and HPSRs are no longer referred to as Negative or Positive, but are prepared as short-form reports (indicating no impacts to historic properties; I.e., "negative" findings) or longer, extended reports (when potential impacts to historic properties are identified; I.e., "positive" findings). Thus, the project ASR is expected to require the longer, extended format. Depending on the results of the archaeological investigation and the historic architectural study, the project HPSR may also require the longer, extended format. This augment request would provide for these work effort, which was outside of the original scope of work. An additional area of study not provided for in the original scope of work pertains to paleontological resources. On January 11, 2005, Mr. Bricker determined that a paleontological assessment is required because of the paleontological sensitivity of the project area (this requirement was not identified in previous communications with Caltrans). Mr. Bricker specified that the San Bernardino County Museum (SBCM) should be asked to perform a paleontological records search. Upon receipt of the record search, BonTerra Consulting will summarize the data in the IS/EA. No separate report is deemed to be necessary. OTHER DIRECT COSTS Direct costs for reproduction, mail, and delivery services are needed to supplement the above management, meeting, and environmental service tasks. The cost for records searches and architectural historian subconsultant required to meet Caltrans requirements.are also included in this category. A-5 ATTACHMENT B AUGMENTED FEES March 1, 2005 TASK FEE Project Management and Meetings .............................................................................. $13,860.00 Biological Resources... ................. ............... ... .......... ............................. ..................... .... 51 ,420.00 Cultural Resources............... ... ..... ............. ..... ................................. .... .....:..... ........ .......... 8,740.00 Total BonTerra Consulting Labor..... ...... ..... ......................... ....... .......... .... ..... ........... $74,020.00 DIRECT COSTS Architectural Subconsultant.......... ....... ...... .......... ...... ...... ............. .... ...: ........... ............. $15,956.40 Direct Costs .. ..... ...... ................... ......... ........ ... .......... ............... ........ ......... .... ..... ......... ......4,500.00 Total Direct Costs............................................... ... .............. ...... .............. ........... ........ $20,456.40 TOTAL FEE ESTIMATE ............................................................................................... $94.476.40 B-1 ATTACHMENT C REVISED PROJECT SCHEDULE March 1, 2005 Task Name I Weeks Prepare and Approve Environmental Document Complete Technical Studies 1 4-6 Prepare Screencheck ED for City and Caltrans Review 2 Caltrans and City Review of Draft ED 3 Revisions made to Draft ED 2 Caltrans Peer and District Unit Review 3 Revisions made to Draft ED 1 City, Caltrans, and FHWA Review Draft ED 4 Revisions made to Draft ED 1 Approval of Draft ED by the City, Caltrans, and FHWA 2 SUBTOTAL 22-24 Respond to Public Comments and Correspondence Printing and Public Review Period 7 Prepare responses to Comments 3 City and Caltrans review of responses 3 Revise responses and prepare Final ED 2 SUBTOTAL 15 Prepare and Approve Final Environmental Document City and Caltrans review Final ED 2 Revisions to Final ED 1 Submittal of Final ED to City, Caltrans, and FHWA for 3 approval Final ED printed and circulated 5 SUBTOTAL 11 TOTAL 48-50 1 This assumes four to six weeks from authorization to conduct the cultural resources studies. 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":lO ~ oi 0:: ~ > 0. ~ %.... 0" rn ~ffi 0 ufo uepJUI,pe :i: JOlU&S ~ ~ g IJelJUl&u:l g: e ;- ~ 8 1l_16u3~g M- ~ llIJ9l1Ur6u3 ~ i J8lIU!Bu3"./S :2 . ; "'-8 {19pe91JlSII ~ SGJI'q:)lUIS ;;; lOIPlN~g /JOpeo,,," ~ ~ .':ew.j5!H ;,. .... "'H .tlll_~~~ fJelleuen ~ l'l "'",d UlllKl:lP!O ~ ffBdp\r!Jd ~ M ~ '''''''''' ~ i a= ~ ; ,~ E ~ ! . 8 ~ - "t i. " 8 ! :<i 8 ,.; ~ ,.; H 8 ~ 8 ~ 8 ~ 8 ~ g ... 8 ~ ~ 0 " 8 ~ 8 8 ~ ~ ,.; 8 8 ~ ~ .; o 8 ~ ~ ..; . ~ d i i . . ~ ~ f < i ~ 8 ; . o . o " ~ ~ i j f- 1 "@ ~ &. ~ Q.- I~ H lL ~ lr ~ 8 ~ ~ ~ ~ l .... ~ g 0: o CD ::5 i o o o ~ . 6 ~ ~ ~ II ~ .~ ~ :I'E :lS!!1 1~~8:~~ ~~~~8o ~ ~ ~. ~ <i l .... ~ g ... 'l; ... . .. ~ ~ li: ~ 1 ! ~ . o u 11 <l l;- ~ ~ . ~ Component 2 Original Interim Project adjustments: I. The traffic design work for Katz Okitsu is now included in M&N work. 2. The management hours are now shown for management only and the design part of those hours are in the PS&E elements. 3. The utility effort has been eliminated Additional work for Original Interim Project: I. Aerial Deposited Lead Testing: The lead testing was deferred from the original Project Report Contract and was not added to the Interim Project. I don't think either of us thought about this. 2. Interim Water Quality Reports and design: The Water Quality Data Report was added per addendum to the Project Report but the Water Quality coordination and design for the Interim Project are not included in the design phase. 3. Additional geometric and grading design: The original Interim PS&E contract was based on a diamond interchange configuration at French Valley Parkway Interchange. With the addition of a loop ramp in this quadrant there are geometric issues that tie the two together that needs to be designed to insure a compatible fit with the ultimate project. i~ l;. U .. 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" ~ :! 0 ; ~ ~ ~ " " " " S ~ . ~ H ,.: ! =i ::i ~ Ii ~ l;I a . g ;; . M '" .. i ~ ~~o ~ ~ ~ 11 ~ ~ ~ ~ 10 0 0 ~ I: 0 0 . . 0 0 0 0 ~~ H ~ ~ 0 ~ ~~ ~ .. ! ] . l~ ~f ~ ~ 0 !i : " l H ~ III ~ . I~ Ii a 'Ii ~~ ~ ~ R l'l :;; '" l u: . H >- n 0 " CD ~ :;; l!l ~~ :;; . :> ;j 0 0 '" ... w z 0 ~ ii N 0 . ~ Ho ~ ~ M ~. !El ~ ~ B ~ ~ 0 ~ 0 Je w 1i ri ~ g N .. -' M ~ .. M W " ~ ~ ~'o ~ ~ ~ 10 . 0 11 ~ ~ ~ 10 0 Q. ,3'" N Z " ~ ! (ij w I ~ 0 . :;; III a I i< i ~ ., .. ~ . " . ~ . ,,; N "- " ~ f ~ ~ . . ~ . . 0 N . f B: N "- ~ III ~ ~ i w ~ 0 . j ~ III N ~ JI ~ ~ ~ ~ iiJ I I I w J 0 1 ~ ~ :e ~ J c f . :e N a: ~ N 0 .. . . " "- ,,; ~ Ii f 11 ~ :Ii ~ ~ ~ ~ .:. .~ I Ii: I w w . . .. I ~ j i i I . ~ :ll . ... ~ ~ . a: "- t t . ~ . 0 I ~ . Ii a: f ~ . w 11 I I I I ~ l! on .!l f ~ ~ :0 ;- I on ~ w " on l; i I ~ . I . J '" E ~ " E l; on ~ ti f ~ .. f "- on on ! ~ l a: => l ~ ~ ~ .. ~ g . . . 8 " w I on . If. on a: ~ B Ii . I ~ i i . .E .. . ; ~ . I ; . ). . ~ "- ~ ~ ~ ~ II !l. ~ !l. t ~ !l. 2 J If. o!l ~ . ~ ~ ~ "- "- "- "- 0 "- "- " ~ N !! III N :::l 11 11 III . l; III III 0 ;; l'l ::l ~ . ill ~ N M M '- 10 00 ~. 1 N M 1> ~ '" ~ 8 ~ N !!' M 0 ~ M ~ lil :: M a ::: N . , 0. N & If. .. 8 ... >! e ~ ~ ~ . ~ ., on t; o o t; J:l 5 a: w 5 ;; ~ ~ .. ~ ! : 1; ~ .9 I . . ~ ~ " 3. Required Services Performed by Consultant for the Interim Design Phase 3.1. Surveys and Mapping 3.1.1. Design Data Surveys CONSULTANT will perfonn field surveys to collect street cross sections at minimum 15 meter intervals from proposed RNI to proposed RNI, and will include all existing topographic features, and surface features of utilities (manholes and inlets will be tied and dipped) within the following limits: (a) Madison Avenue (proposed cul-de-sac) -100m (b) Jefferson Avenue - proposed intersection with the interim Roadway - 200m 3.1.2. Pavement Elevation Surveys CONSULTANT will perfonn field surveys to collect outside edge of traveled way (ElW) elevations at 20 meter intervals and median ElW elevations at 100 meter intervals; include ties to drainage features, major signs, trees, etc. from outside shoulder to RNI fence. Also includes encroaChment pennit and traffic control for shoulder closures. a)Southbound 1-15 mainline - from station 107+60 to station 122+00, a distance of 1440 m. This should include to the right of way limits outside the FrenCh Valley southbound off ramp. b)The Winchester southbound off ramp and bridge from approximately mainline station 106+60 to 109+60 a distance of 300 m. This ramp survey should include full cross sections from mainline edge of traveled way to the outside right of way plus whiCh includes cross sections of the ramp and bridge within these limits at . 20 meter intervals. Deliverables: . Final digital mapping files will be in accordance with Caltrans specifications and will be delivered in 3-D MicroStation design (DGN), DTM and ASCII files in project datums. 3.1.3. Right of Way Engineering CONSULTANT will perfonn land tiUe research and field surveys to locate and map property boundaries of affected parcels and identify required acquisition parcels from approved right of way requirement maps. Prepare and file Comer Records for monument preservation. Work will include: a) Research survey record b)Obtain title reports (to be provided by City) c)perfonn Landnet survey d)Prepare ties and file monument preservation Comer Records e )Perfonn property boundary analysis f) Compute and map acquisition parcels g)Prepare Landnet Map of affected parcels h)Prepare Right of Way Appraisal Maps i) Prepare legal descriptions and plats, deeds, Resolution of Necessity Deliverables: . Landnet Map, Legal Descriptions & Plats, Corner Records Page 26 M:\02339-Temecula\Scope of Work Rev phase 2.doc CONSULTANT assumes the following: (a) CITY will provide CONSULTANT with all necessary Title Reports (b) Nine (9) affected parcels have been assumed for this agreement (c) One (1) Resolution of Necessity will be required for the Interim Design Phase (d) Jefferson Avenue will not be widened as part of the Interim Design Phase 3.2. Geotechnical Investigation and Materials Report This project includes an 1-15 SB Off-Ramp at the future French Valley Parkway; length of this off- ramp is about 530m. At the southem terminus of the off-ramp, future French Valley Parkway will be extended to Jefferson Avenue; this extension is about 350m. An auxiliary lane will be added from the above SB Off-Ramp to the SB Off-Ramp at Winchester Road; the length of this auxiliary lane is about 1290m. The existing Winchester SB Off-Ramp (Bridge No. 56-271K) will be widened. The cost estimate associated with this work is based on doing all work under a single project. There will be additional costs if work is done separately. We have developed the following scope for PS&E, including investigation of aerially deposited lead. Aerially Deposited Lead (ADL) This task is needed only within Caltrans right-of-way. In order to reduce cost, EMI is proposing a two-phase program. The boring and soil sampling depth for Phase 1 will be limited to 915mm. If soils are determined to have high levels of lead, then a Phase 2 field investigation would be required to. collect samples from' greater depths (to proposed excavation depths). ADL concentration is expected to diminish with depth. The scope and cost presented herein are for Phase 1 work only. EMI will excavate a maximum of twenty (20) shallow borings in areas where improvements are proposed. Near-surface soil samples will be collected at depths of approximately 152, 305, 610, and 915mm from each boring. EMI will forward all soil samples to a California Certified analytical laboratory for testing. Preliminary Foundation Report for Bridge Type Selection A Preliminary Foundation Report (PFR) in support of the BTS for the Winchester SB Off-Ramp (Widen) will be prepared using existing subsurface data. Geotechnical Design/Materials/Foundation Reports , Geotechnical Field Investiaation and Laboratorv Testina. We developed the following exploration program: Design Element Number of Borings Approxi':"lI:te DeDth Iml 2 3.0 2 12.2 1 3.0 Off-Ramp French Valley to Jefferson Intersection . Page 27 M:\02339-Temecu1a\Scope ofWorlc Rev phase 2.doc Aux. Lane 8 3.0 B 'd W'd . 2 at Abuts 39.6' n ge I emng 2 at Piers ' 18.3 'boring data will also be used for future drilled shaft design at Santa Gertnudis Creek SB CD (New) , The above exploration program will be summarized on a Boring Location Map and this map will be used to process for encroachment pennits. EMI will secure pennits from the City of Temecula and Caltrans. You will provide other pennits if required. Traffic control will be required forsome of the soil borings. After logging and sampling is completed, the spoils from the boreholes will be mixed with cement and used to backfill the boreholes. On paved roadway, the borehole will be capped with cold-patch asphalt or quick-set cement. . . The 2 borings in the creek for bridge widening will be drilled from the existing bridge deck.. At each creek boring location, a 305mm 00 hole will be cored through the existing concrete bridge deck. A steel casing will extend through the cored hole down to the mudline. The drill .string will be lowered inside the steel casing for drilling and soil sampling. We will repair the openings on the existing bridge deck by dropping a few rebars inside the opening and pouring quick-set cement to cover the rebars and the opening. Bulk samples of near'surface soils will be collected for R-value and maximum density tests. Generally, a split-spoon sampler will be used at an interval of 1.52m, alternating between a Califomia Drive sampler and a Standard Penetration Test (SPT) sampler, to collect relatively undisturbed and disturbed samples for soil laboratory testing. Geotechnical Enoineerina Analvses. Results obtained from the field investigation and laboratory testing program will be used to establish idealized soil profiles and design strength parameters for bridge foundation design, and embankment slope stability and settlement calculations. Composite pavement structural sections will be designed based on R-values obtained from the laboratory tests and Traltic Indices provided by you, using the Caltrans design method. ' Reoorts Preoaration. 1. Geotechnical Design Report (GDR) presenting results of field investigation and laboratory testing, engineering analyses for embankment stability and settlement. 2. Materials Report presenting field and laboratory results and engineering analyses for pavement design and soil corrosivity. 3. Preliminary Foundation Report (PFR) for Bridge Type Selection and Fo.undation RepQrt (FR) for the bridge widening. '. . 4. An ADL ~etter report will be prepared to include findings of the field investigation, results of laboratory tests, results of our statistical analysis, and recommendati.ons related to handling the on-site soils excavated during construction. Scope of Work Assumptions 1. . No investigation of hazardous materials; if hazardous materials are encountered during our field investigation, we will immediately terminate our work and notify you. Soil cuttings are assumed to be non-hazardous for disposal purposes. 2. No investigation of borrow sites. . 3. No pennit fees and no meetings in Sacramento. 4. You .will perfonn the cultural resource and biological reviews to be. included in the Caltrans encroachment pennit application package, if required by Caltrans. You will also provide an archeologist during the geotechnical field investigation if required by Caltrans. 5. There is no soundwall or retaining wall. 6. Caltrans traffic window is at least 8 hours of daylight for the bridge borings. Page 28 M:\02339-Temecula\Scope of Work Rev phase 2.doc 3.3. Utility Coordination and Plans Not included in this contract. Any utility conflicts will be addressed as an addendum. 3.4. Roadway Design CONSULTANT shall prepare and deliver to CITY all plans, specifications, and estimates for roadway construction for that portion of westbound French Valley Parkway between 1-15 and Jefferson Avenue (Interim 3-1ane Roadway), southbound single lane off ramp coimecting 1-15 to the Interim Roadway, a portion of the collector distributor (CD) along the southbound 1,15 to accommodate the off ramp as described, one auxiliary lane designed as a portion of the CD from just south of French Valley to Winchester, widen the Winchester off ramp to two lanes including widening the Santa Gertrudis Bridge and tying into the Winchester off ramp improvements. The Interim Roadway shall consist of two lanes with temporary shoulders and drainage facilities. The off ramp shall consist of a slip ramp functional as a temporary off ramp yet compatible with the ultimate Project build-out. The northerly limit of the proposed temporary off ramp is the south side of Warm Springs Creek. The Interim Design Phase improvements shall be compatible with the preferred altemative in the PR and waste .shall be minimized. , 3.4..1. Geometric Approval Drawings - Separate work item to be determined'(notinscope'atthistim1!)'-"" --~'" ____'n__'__ CONSULTANT shall prepare geometric drawings of the project as shown in altemative 4 from south of Winchester to Murrieta Hot Springs road along the 1-15 and 1~215 freeways. The geometric drawings shall be compatible with the selected altemative from the PR, including accommodations for the ultimate interchange build out. These plans, will include typical cross sections and profiles. The design will be establ.ished as a . preliminary phase for the full build-out of altemative 4 in the PRo The drawings will reflect Caltrans standards and criteria for freeway facilities as describe!l in Chapter 200 of .the Caltrans Highway Design Manual and local standards and crite~a for FrenchValley Parkway and the new intersection with Jefferson Avenue. The Geometric Approval Drawings will be submitted to Caltrans and the CITY for review and approval. Deliverable: . GAD's . GAD Checklist . Design Exception Reports and/or Fact Sheets . Traffic Analyses 3.4.2. Right of Way Requirement Plan Maps CONSULTANT will prepare Right of Way Requirement Plan Maps (RE Sheets) from the Project layout sheets. The limits required for the ultimate roadway operation (the "fee" . area), limits required for related facilities including drainage and utilities (easement areas), and Iil)1itsrequired in excess of the fee and easement areas for construction of the Project (temporary construction easements), will be identified in the RESheets. In addition, access control limits will be identified where applicable. HE Sheets shall reference the layout lines for the freeway and local roads as well as property lines with station and offset callouts. At a minimum, the Maps shall include: . . a) Layout Iihes and centerlines of roadways and drainage facilities; b) Layout lines of retaining walls and sound walls; c) Tops and toes of slopes; Page 29 M:\02339.Temecula\Scope of Work Rev phase 2.doc d) Edge of traveled way, edge-of shoulder, curb and gutter, sidewalks, and other roadway appurtenances; and e) Existing bridges. 3.4.3. Plans, Specifications, and Estimates . All plans, specifications, quantity calculations, and estimates shall conform to Caltrans requirements and shall be made available to the City of Temecula, the City of Murrieta, and Caltrans for review and approval at stages specified in the Milestone Schedule and upon request. a) All tille, index, sections, layouts, profiles, quantities, construction details, and other related plan sheets shall be provided to the City of Temecula, the City of Murrieta, and Caltrans on Caltrans "full size" sheets at the 100% submittal only. CONSULTANT shall also provide 11"x1T reduced copy of the'pla~ sets for all submittals. . b) CONSULTANT shall design the roadway sections for French Valley Parkway, I- . 15, the southbound off ramp from 1-15 to French Valley, an additional auxiliary lane, Gertrudis Bridge widening and ramp widening and tie ins at the Winchester southbound off ramp. The Traffic Index (TI) shall be provided to CONSULTANT by the. CIT'( for French Valley and by Caltrsns for 1-15 and the ofi.ramps for use in designing the pavement sections. The R-value to be used for the design of the pavement sections shall be submitted by CONSULTANT to the CITY and Caltrans for approval prior to final design of the pavement sections, . Life cycle costs and alternative analysis for pavement sections are not included In this scope of wonk and corresponding fee. c) CONSULTANT shall update right of way requirement layouts as part of the roadway design. CONSULTANT shall coordinate with CITY and Caltrans on changes to right of way requirements. d) CONSULTANT shall deliver the following plan packages to the City of Temecula, the City of Murrieta, and Caltrans. The number of sets of each plan, estimate or report shall be determined prior to submittal. (i) 35% Plans 1 ) Title Sheet 2) Typical Cross Sections 3) Key Map & Line Index 4) Layout Plans 5) Profile Plans and Superelevation Diagrams 6) Drainage Plans, Profiles and Details 7) Conceptual Stage Construction Strip Map (i1) 65% Plans 1) Tille Sheet 2) Typical Cross Sections 3) Key Map & Line Index 4) Layout Plans 5) Profile Plans and Superelevation Diagrams Page 30 M:\02339-Temecu1a\Scope of Work Rev phase 2.doc 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) (iii) 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) (iv) Construction Details Contour Grading and Drainage Plans, Profiles, Details, and 'Quantities Utility Plans Traffic Handling Plans, Stage Construction Plans andQuantitie~ . Construction Area Signs Plans 'and Quantities Summary of Quantities Plans Pavement Delineation Plans, Quantities and Details. Sign Plans, Quantities and Details Electrical Lighting, Details and Quantities Traffic Signal, Details and Quantities Special Provisions Construction Cost Estimate Permit Applications Right of Way, Access Control, and Temporary Construction Easement Requirements 95% Plans Tille Sheet Typical Cross Sections Key Map & Line Index Layout Plans Profile Plans and Superelevation Diagrams Construction Details Contour Grading and Drainage Plans, Profiles, Details, and Quantities Utility Plans and Details Traffic Handling Plans, Stage Construction Plans, and Quantities Construction Area Signs Plans and Quantities Summary of Quantities Plans Pavement Delineation Plans, Quantities and Details Sign Plans, Quantities and Details Electrical Lighting, Details and Quantities Traffic Signal, Details and Quantities Special Provisions Construction Cost Estimate Right of Way, Access Control, and Temporary Construction Easement Requirements 100% Plans Page 31 M:\02339-Temecula\Scope of Work Rev phase 2.doc 1) Final PS&E (all items listed in ~ 3.4.3(c)iii, 95% Plans, above) 2) Grid Grades (if required) 3) Quality Control Statement 4) Electronic files as described in ~ 1.2.8 above 5) Resident Engineer's Rle 6) Surveyor's File 3.4.4. . TraffkOperations Analysis - Not included in Contract - will be included as an addendum ifrequired. (i) Traffic volumes used in the analyses will be taken from the Traffic Operations Analysis prepared by LSA for the French Valley Parkway interchange project. Daily and peak hour traffic counts will be collected at the intersection of Jefferson Avenue/Cherry Street. No other traffic counts or traffic modeling will be conducted. (i1) Traffic volumes will be manually adjusted to reflect the impacts of changes to freeway access. . (iii) An analysis will be performed to assess impacts on freeway mainline operations, including weaving and ramp merge-diverge. These analyses will be performed using Highway Capacity Manual 2000 (HCM) methodologies. Because the spacing between the 1-15/1-215 junction and the proposed French Valley off-ramp exceeds the technical definition of a weaving area, the analysis of weaving operations may be conducted by extrapolating HCM methodologies, the Leisch methodology, or qualitatively. .. (iv) Existing peak hour traffic conditions snd levels of service will be assessed for the intersections of Jefferson AvenuelFrench Valley Parkway/Cherry Street and Jefferson AvenuelWinchester Road. The levels of service will be calculated using HCM methodologies. (v) Opening year and design year traffic volumes will be developed for the proposed interim improvements by manually adjusting the volumes from the Traffic Operations Analysis prepared for the French Valley Parkway interchange project. (vi) The resulting intersection levels of service will be calculated using the HCM analysis methodologies. In this analysis, the Synchro 6 software will be used to assess signal coordination and the resulting influences on intersection levels of service. (vU) Peak hour ramp volumes will be compared to potential ramp meter service rates to identify probable queuing and delay on the study area on-ramps. (viii) Based on the future levels of service, intersection and midblock lane geometrics will be identified to maintain minimum level of service standards. . (ix) The results of the analyses will be presented in a technical study. This study will document the methodologies used to develop forecast traffic volumes, the level of service analysis methodologies employed, existing traffic conditions, forecast future (opening' year and design year) traffic conditions, and improvements needed to maintain satisfactory operations under each analysis year. Page 32 M:\02339-Temecula\Scope ofWorl<: Rev phase 2.doc (x) Attend up to four meetings related to the proposed project traffic operations analysis. 3.4.5. Traffic Management Plan CONSULTANT shall provide a traffic management plan that consists of the following: a) CONSULTANT shall prepare traffic handling plans that indicate lane closures, detours and number of available lanes. Included in these plans are signing and striping. b) CONSULTANT shall update the right oi way requirements to incorporate temporary and permanent construction easements. 3.4.6. Signing Plans CONSULTANT shall prepare final plans, specifications, and estimates for signing plans including layouts showing the locations of roadside signs, special sign details, lighting, and structural or foundation requirements in accordance with applicable standards and design criteria. Any requirements for electrical service shall be coordinated with the local electric utility by CONSULTANT. , 3.4.7. Pavement Delineation Plans CONSULTANT shall prepare final plans, specifications, and estimates for pavement delineation in accordance with applicable standards and design criteria. 3.4.8. Traffic Signal Plans . CONSULTANT shall prepare final plans, specifications, and estimates for traffic . .signalization at the intersection of French Valley Parkway and Jefferson Avenue. CONSULTANT shall determine levels of service, warrants and propose any needed improvements. The signal design for the Interim Design Phase shall accommodate the future expansion, for French Valley Parkway as described in the selected alternative in the approved PRo 3.4.9. Electrical Plans Lighting is anticipated at the off ramp and Interim Roadway/ Jefferson Avenue intersection only. CONSULTANT shall prepare final plans, specifications, and estimates for electrical plans including layouts showing lighting standard and conduit locations, other lighting appurtenances, and any structural or foundation requirements in accordance with applicable standards and design criteria. 3.5. Structural Design 3.5.1. Preliminary Bridge Structure Design The preliminary structure design will include gathering and verifying needed data to begin structure design. The work involved will consist of: o Prepare Bridge Site Data Submittal. o Review all existing conditions and requirements. . 0 Review AS..Built & Bridge Maintenance records, existing foundation and hydrologylhydraulics reports, utility information, and other pertinent project information. . 0 Conduct a field review to ensure that the structure Site Plan accurately represents existing conditions. Page 33 M:\02339-Temecn1a\Scope of Work Rev phase 2.doc 3.5.2. Structure Type Selection The culmination of preliminary structure design work will lead to the submittal and presentation for review and approval of a Type Selection Report for the structure. No further structural design work will be performed until written approval of the structure type is received from Caltrans DES. Type Selection process will be executed in accordance with the instruction of Caltrans Memo to Design 1-29. The Type Selection Report will contain a General Plan, General Plan Estimate, Vicinity . Map, Type Selection Memo, and Project Seismic Design Criteria. . A Type Selection Review Meeting will be held in Sacramento with Caltrans. The. Moffatt & Nichol Team will be prepared to discuss and provide information on foundation . requirements, hydrological requirements, falsework requirements, proposed Project . Seismic Design Criteria, aesthetic considerations, traffic handling, construction cost, and .other pertinent information that is needed to determine the adequacy of the proposed structure. The Type Selection Review Meeting will be scheduled a minimum of two weeks following CaltraRs' receipt of the Type Selection Report. The results of the meeting will be summarized in writing by Caltrans and forwarded to the Team within two weeks following the meeting. Wi~,in two weeks after receiving written approval of the proposed General Plan and stn:rcture type, the Team will furnish Caltrans DES with 40 reduced (fl'x17") c6piesof the approved General Plan. 3.5.3. Structure Design & Plans The structure design will conform to the current edition of the Caltrans Bridge DeSign Specifications (BDS), Seismic Design Criteria (SDC), Version 1.3 and updated design policies issued by Caltrans (DES). Contract Plans will be prepared in accordance with the most current editions of the ,following Caltrans publications: Bridge Design Details (BOD), Bridge Design Aids (BDA), Bridge Memos to Designers (MTD), CADD User's Manual of Instructions, Plans, Specifications and Estimates (PS&E) Guide, and Drafting and Plans Manual. Plans for each design will be prepared on DES formatted plan sheets (metric). Current Bridge Standard Details Sheets (XS-Sheets) and current Standard Plans will be incorporated into the Contract Plans where applicable. Each plan sheet will show the name of the engineer who prepared the design and will bear the State of California Registered Professional Engineer registration seal with the . 'signature,license number,and registration certificate expiration date 'of.the. engineer who is in responsible charge for developing the plan. . .' Each plan sheet will also show the name and address of Caltrans and the design firm in the blocks provided below the engineer's signature and registration stamp. The electronic plans will be prepared in accordance with the electronic submittal guidelines of DES. 3.5.4. Independent Check A qualified engineer who is registered in the State of California will independently check the design. Each plan sheet will show the name of the engineer who peiformed the independent check. '. The calculations for both the design and the independent design check will be submitted . as part of the Structure PS&E Submittal. The respective calculations will' bear the State of California Registered Professional Engineer registration seal with the signature, license number, and registration certificate expiration date of the design engineer and independent check engineer. . . Page 34 M:\02339- Temecula\Scope of Work Rev phase 2.doc 3.5.5. Structure Specifications & Estimates Project specific ~tructure Special Provisions will be prepared In accordance with the Caltrans Plans, Specification and Estimates Guide. The Structure Special Provisions will bear the State of California Registered Professional Engineer registration seal with the signature, license number, and registration certificate expiration date of the engineer who prepared the special provisions or the engineer under whose direction they were prepared. A list of contract items with item descriptions, item numbers, units of pay, and item pay codes, but without estimated unit costs, will be included in the front of the special provisions. A memo to the Specifications Engineer highlighting crucial aspects of the project will be submitted with the Special Provisions. Quantity calculations will be prepared and unit costs developed for items that are' applicable to this project. The bridge cost estimate will be prepared using the Caltrans Quantity Summary and Estimate Forms. Quantities for all contract items, including cost of lump sum items will be Substantiated by calculations. Quantity calculations will be neat and orderly and will show all sketches, diagrams, and dimensions necessary to allow them to be Independently used by field engineers. All quantity calculations will be independently checked and'substantiated with independent calculations. 3.5.6. Caltrans Review The Unchecked Details, Initial Structure PS&E, Intermediate Structure PS&E and Final StructurePS&E submittals, Structures design calculations, and independent design calculations will be sent to Caltrans DES for review. 3.5.7. Retaining Walls CONSULTANT shall prepare retaining wall plans needed for the Interim Design Phase construction. The plans shall include wall location, height. typical sections, log of test borings, and material and cost estimate calculations. The extent of retaining wall construction shall be determined during development of the PS&E for the Interim Design Phase. Since the need for retaining walls cannot be forecasted at this time, estimat!,d fee .for this task Is not Included. Should retaining walls be found necessary for the . Interim Design Phase, a contract amendment will be negotiated prior to performing any design on this task. . All retaining walls .are antiCipated to be standard type Caltrans walls found'inCaltrans standard plans. Non-standard walls for this phase of the Project shall be brought to the attention of the CITY and Caltrans by CONSULTANT immediately upondiscoyery. 3.6. Drainage CONSULTANT is responsible for the design, including hydrologic modifications of on-site drainage report necessary to provide adequate drainage of the Interim Design Phase improvements including pavement drainage, runoff generated within the 'Interim Design Phase Project area, and interim drainage during construction. 3.6.1. On-Site Hydrology Report CONSULTANT shall prepare an on-site hydrology report for the Interim Design Phase portion of the Project. Layout plans identifying the location of existing and proposed drainage facilities shall be included within the report. Page 35 M:\02339-Temecula\Scope of Work Rev phase 2.doc 3.6.2. Drainage Report and Plans CONSULTANT shall perform hydraulic analysis for all the pew drainage facilities on the Interim Design Phase portion of the Project. The correspo'nding drainage report shall be prepared in metric units and shall incorporate updated hydrology calculations. Where proposed improvements modify flows to existing drainage facilities within the Interim Design Phase Project area, the hydraulic analysis report submitted for these facilities will be modified to reflect the changed conditions. No hydrology or hydraulics report will be prepared for 1-15 cross drainage for the interim project. Drainage plans and profiles of proposed drainage facilities shall be included within the report. One drainage culvert is anticipated. Modifications to existing facilities shall be Identified on the plans (one anticipated). . 3.7. Construction Bid Support Bidding procedures are the responsibility of the CITY. All questions concerning the intent of . design elements raised during that period when the PS&E is being advertised shall be '. . referred to the CITY for resolution. In the event that any items requiring interpretation of the drawings or specifications are discovered during the bidding period or bid opening, said items shall be analyzed by C()NSUL TANT for decision by the CITY as to the proper.response. Corrective action taken will either be in the form of an addendum prepared by CONSULTANT and issued by the CITY. or by change order following award of a construction contract. 3.8. Construction Support Construction support services provided by CONSULTANT are not a part ofthis agreement. A.contract amendment for construction support will be negotiated once the PS&E has reached substantial completion and the Project Is scheduled for construction. . Page 36 M:\02339-Temecula\Scope ofWorlc Rev phase 2.doc M&N Roadway Pricing Sheet Project Name: French Valley Phase 2 . Summary Rampllnterchange/Lane: Aux Lane & Ramp to Winchester, Southbound Off-Ramp & Interim FV Pkwy Total Description Qtyx Hours = Hours Comments Geometric Aooroval Drawinos 320 280 hrs GAD's + 40 hrs QAlQC R Tille Sheet 1 8 8 R Typical Cross Sections 3 55 165 R Kev Mao And Line Index 1 8 8 R Lavouts 7 55 385 R Profiles & Superelevations 7 55 385 R Construction Details 3 55 165 R Gradin~ & Dralna~e 7 20 140 D Drainaoe Profiles 3 30 90 D Dralna~e Details 3 30 90 D Drainaoe Quantities 2 25 50 U Utilitv Plans 0 T Traffic Handlin~ Plans & Sla~ln~ 8 30 240 T Construction Area Sians 2 30 60 T Pavement Delineation Plans & Quantities 7 25 175 A SummarY Of Quantities 2 40 80 T Sian Plans, Details & Quanllies 9 25 225 T Si~nal and Lillhtin~ Plans 2 45 90 Re orts: Clean Water (SWPPP) Hvdroloov Reoort Total 224 Soecifications 96 Other: Total 67 2,996 Legend: R = Roadway D = Drainage U = Utilities T = Traffic A = All May 2, 2005 Mr. George Hale Moffatt & Nichol Engineers 200 Commerce, Suite 250 Irvine, Califomia 92602 VIA FACSIMILE AND MAIL (714) 979-4131 Subject: Additional Wonk Request-Winchester Road Interchange Dear Mr. Hale: Based on our discussion on April 27, 2005, it is BonTerra Consulting's understanding that Caltrans has agreed to move forward with interim improvements to the Winchester Road southbound off ramp and auxiliary lane separate from the rest of the French Valley Parikway Interchange Project. This project would have separate utility because it would address an existing operational deficiency and safety issue. It would not preclude or conflict with any of the improvements proposed as part of the French Valley Parikway Interchange Project currenUy being processed. Caltrans would process the environmental documentation but would be relying on BonTerra Consulting to provide technical support. . . . ' . . . Bas.ecl on our April 29, 2005 discussion with Amer Attarat the City Of Tllmeq41~;We are assuming that the technical studiesprepatedfotthe French Valleypai'kWay project would provide sufficient documentation for Caltrans to use for determining environmental compliance for the Winchester Road improvements. BonTerra Consulting will prepare technical memos validating the use of the previous stuclies. Copies of the previous studies will be reproduced as attachments for the Wincl1~ster Road Improvement Project technical memorandum. This approach has been confirmed with Marie Petry of the Caltrans District 8 Environmental Branch. Howe.vEi'r, she recommended the cornpletion of an Initial Site Assessment (ISA) form fo(the project, a separate Natural Environment Study-Minimal Impact (NES-,ti,1l)for Winchester Road and Section 106 documentation. By preparing separate documents, the Winchester Road project could proceed separate frorn French Valley and would not be complicated by the presence of sensitive biological or cultural resources. Additionally, per our discussion, we have also included a scope of wonk for the processing of the resource agency permits, including Army Corps of Engineers, Califomia Department of Fish and Game, and Regional Water Quality Control Board. The permitting effort will also rely on technical data collected as part of the French Valley Interchange Project. Based on the data collected, the Winchester Road improvements would qualify for a Nationwide Permit rather than an individual permit, as currently required for French Valley Parkway. Therefore, processing the Winchester Road perrnits separately from the French Valley Parkway Interchange project would allow these interim improvements to be expedited. Mr. George Hale May 2, 2005 Page 2 BonTerra Consulting C9ntinues to be committed to Moffatt & Nichol Engineers to prepare quality products in the most efficient method possible. We look forward to continuing to work with you on this project. Please contact me at (714) 444-9199 if have any questions or require additional inforrnation on the content of this letter. Sincerely, BONTERRA CONSULTING K:L~;;;c~ Principal of Technical Services Attachments: A - Scope of Work B - Summary of Fees R:\Prq&ds\Moffatl\JOO4\WlnchesteMugrnant.oS020S.doc ATTACHMENT A WINCHESTER ROAD INTERCHANGE SCOPE OF WORK May 2, 2005 TASK 1 TECHNICAL MEMORANDUM BonTerra Consulting will prepare memorandum validating the use of the air quality and noise technical studies prepared for the French Valley Parikway Interchange Project as being applicable for the Winchester Road Project. The technical rnemorandum will provide brief explanations as to why the previous studies are applicable, the findings of the previous studies with regarding to resources in the vicinity of Winchester Road, and include a copy of the previous report as an attachrnent. No new technical analysis will be prepared. These memorandums will be submitted to Caltrans. This scope of wonk does not assume that any revisions to the memorandurn will be required and BonTerra Consulting will not be involved in any follow-up efforts. A total of six copies of the document will be provided. TASK 2 INITIAL SITE ASSESSMENT A separate Initial Site Assessment (ISA) form will be completed for the Winchester Road project. No new record search is proposed for the preparation of the ISA. The ISA will pull information from the previous ISA prepared for French Valley Parkway, as applicable. A copy of the previous study will be attached to the ISA form. A total of six hours is assumed for this task. This scope of wonk does not assume that any revisions to the memorandum will be required and BonTerra Consulting will not be involved in any follow-up efforts. A total of six copies of the document will be provided. TASK 3 NATURAL ENVIRONMENT STUDY-MINIMAL IMPACT BonTerra Consulting will prepare a Natural Environment Study-Minimal Impact (NES-MI) for the Winchester Road Improvements. The technical data will be derived from the Natural Environment Study prepared for French Valley Parikway. No new studies will be conducted. Additionally, given the highly disturbed nature of Santa Gertrudis Creek, the NES-MI will not wait to incorporate the data from the 2005 focused surveys being conducted for French Valley Pankway Interchange Project. The report will follow the format of the NES-MI template and include the following areas: . Introduction . Study Methodology . Environrnental Setting . Project Impacts . Avoidance and Minimization Measures . Permits Required The preparation of the NES-MI would require vegetation mapping and impact calculation for the reduced project limits. The database developed as part of the French Valley Interchange Project NES would be used for this effort. It is assurned that Moffatt & Nichol Engineers would provide Bon Terra Consulting with the CADD files that clearly depict the full extent of the project, including location of columns, any retaining walls, changes to drainage, or other design feature that could potentially result in direct or indirect impacts to any habitat in proximity to the project. Bon Terra Consulting will incorporate one set of revisions in response to comments made by Caltrans. A total of six copies of the docurnent will be provided. Should it be determined that a NES-MI is not the appropriate type of technical study, it is recommended that the NES prepared for the French Valley Parkway Interchange Project be used; A,l however, finalizing of the NES cannot be done until the surveys are complete in August 2005. TASK 4 SECTION 106 BonTerra Consulting will prepare separate cultural resources reports for the Winchester Road project. However, the updated record search to be completed for the French Valley Interchange Project will be used as the data source for the Winchester Road Project. By completing this report separate from the French Valley Interchange Project, the report will be focus only on the resources in the vicinity of Winchester Road. No architectural studies should be required. These studies will be prepared in compliance with Section 106 requirements consistent with the Caltrans 2004 manual. The Section 106 study will incorporate the following tasks: 1. Archaeological Records Checks 2. San Bemardino County Transportation Research 3. Native American Consultation 4. Field Survey 5. Draft Technical Reports (APE Map; HPSR; ASR) 6. Final Technical Reports A total of six copies of the document will be provided. TASK 5 REGULATORY PERMITTING The project implementation would involve encroachment into Santa Gertrutis Creek. As part of the French Valley Interchange Project, the Creek was identified and rnapped in accordance with the provisions of the U.S. Army Corps of Engineers (ACOE) 1987 Manual and the guidelines provided by the California Department of Fish and Game (CDFG) for the identification of bed, bank, and stream courses. The ACOE permitting process will also include authorization from the Regional Water Quality Control Board (RWQCB) for a Section 401 Water Quality Certification. Lastly, CDFG Section 1602 Streambed Alteration Agreement will be required to address impacts to bed, bank, and stream courses under the jurisdiction of this agency. Based on our preliminary assessment. the project could be authorized under Nationwide Permit (NWP) No. 14 (Linear Transportation Projects) if the maximum discharge in to non-tidal waters is less than Y. acre. The following scope of wonk is based on this NWP authorization: Task 5.1 Pre-Application Field Meetina BonTerra Consulting shall coordinate an on-site meeting with the ACOE, RWQCB, CDFG, the City of Murrieta, Moffatt-Nicols Engineering, and Caltrans at the appropriate time to discuss potential permitting strategies available for the proposed project, including mitigation expectations. Pre- Application Field Meetings are extremely beneficial with regards to streamlining the permitting process. This task will involve rneeting preparation, meeting coordination, the site visit, and the preparation of meeting notes. It is crucial to obtain feedback from the regulatory agencies prior to the application process. Task 5.2 U.S. Armv Corps of Enaineers 404 Permit Application BonTerra Consulting will prepare a submittal package for an ACOE Permit to satisfy the requirements of Section 404 of the Clean Water Act. The submittal package will include: a) 404 pennit application standard forrn, b) vicinity map, c) project description, d) jurisdictional delineation report, e) biology report (provided by the client), f) cultural resources report (proVided by client), g) geology report (provided by client), and h) site photos. A budget amount of $4,790.00 has been allocated to prepare the submittal package. Should this amount be exceeded, the client shall be notified and wonk shall continue based on a A-2 separate contract addendum, subject to client approval. Task 5.3 Reaional Water Qualitv Control Board 401 Water Quality Certification Application BonTerra Consulting will prepare a submittal to secure a Water Quality Certification from the RWQCB pursuant to Section 401 of the Clean Water Act. This Certification is necessary prior to issuance of the ACOE permit. A budget amount of $4,790.00 has been allocated to prepare the submittal package. Should this amount be exceeded, the client shall be notified and work shall continue based on a separate addendum or a time and materials basis, subject to client approval. This task does not include the permit-filing fee pursuant to the RWQCB's October 2003 Fee Schedule (fees based on total project impacts). Task 5.4 California Department of Fish And Game 1602 Streambed Alteration Aareement Application BonTerra Consulting will prepare an application subrnittal package for a CDFG 1602 Streambed Alteration Agreement (SM). The submittal package will include: (a) Standard Forms, (b) vicinity map, (c) project description, (d) jurisdictional delineation map (e) site photos, and (f) copies of the ACOElRWQCB applications. A budget amount of $4,790.00 has been allocated for staff time to prepare the subrnittal package. Should this amount be exceeded, the client shall be notified and wonk shall continue based on a separate addendum or a time and materials basis, subject to client approval. This task does not include the permit-filing fee, which is anticipated to be approximately $1,390.50, depending on the construction cost of the proposed project. Task 5.5 Requlatorv Permit Processinq BonT erra Consulting shall provide regulatory services for the processing ofthe permit applications through the ACOE, RWQCB, and CDFG. The processing shall include required correspondence or telephone calls between the reviewing staff related to the permit or points of clarification and coordination with the biological consultant, if necessary. This item includes any meetings with the reviewing staff of the resource agencies during the application review process. This task does not include Section 7 Consultation with the U.S. Fish and Wildlife Service. The fee associated with this work will be provided as part of a separate scope of wonk. A budget amount of $7,575.00 has been allocated for staff time this wonk item. Should this amount be exceeded, especially due to mitigation requirernents, then the client shall be notified and wonk shall continue based on a separate addendum or a time and materials basis, subject to client approval. A-3 Attachment B Summary of Fees Winchester Road Interchanoe Task I Title Hourlv Hours Total Task 1 Technical Memorandums Kathleen Brady Principal $115.00 16 $1,840.00 Subtotal $1,840.00 Directs: Reproduction $200.00 Task Total $2,040.00 Task 2 Initial Site Assessment Kathleen Bradv Principal $115.00 3 $345.00 Subtotal $345.00 Directs: Reoroduction $100.00 Task Total $445.00 Task 3 Natural Environment Studv MI Ann Johnston Principal $175.00 2 $350.00 Gary Medeiros Sen Proj Mgr $135.00 2 $270.00 Amber Oneal Bioloaist $95.00 48 $4,560.00 Kathy Unklater WP $65.00 6 $390.00 Jennifer Gomez GIS $85.00 10 $850.00 Subtotal $6,420.00 Directs: Reproduction $300.00 Task Total $6,720.00 Task 4 Section 106 Kathleen Brady Principal $115.00 1 $115.00 Richard Sheoard Cultural Resource $100.00 16 $1,600.00 Kathv Unklater WP $65.00 4 $260.00 Jennifer Gomez GIS $85.00 10 $850.00 Subtotal $2,825.00 Directs: Reproduction $150.00 Task Total $2,975.00 Task 5 Reoulatorv Permittino I Task 5.1 Pre-Apolication Meeting Kathleen Brady Principal $115.00 6 $690.00 Gary Medeiros Assoc. Principal $135.00 10 $1,350.00 Kathy Linklater WP $65.00 5 $325.00 Amber Oneal Biolooist $95.00 6 $570.00 Jennifer Gomez GIS $85.00 4 $340.00 Subtotal $3,275.00 Mileage $150.00 Directs 12%) $65.50 Subtask Total $3,490.50 Task 5.2 ACOE Application Kathleen Brady Principal $115.00 1 $115.00 Garv Medeiros Assoc. Principal $135.00 25 $3,375.00 Amber Oneal Biolooist $95.00 2 $190.00 Kathv Linklater WP $65.00 4 $260.00 Jennifer Gomez GIS $85.00 10 $850.00 Subtotal $4,790.00 GIS Maps/Exhibits $80.00 Directs (2%) $95.80 , Subtask Total $4,965.80 Task 5.3 CDFG Application Kathleen Brady Principal $115.00 1 $115.00 Gary Medeiros Sen Proi Mor $135.00 25 $3,375.00 Amber Oneal Biolooist $95.00 2 $190.00 Kathv Unklater WP $65.00 4 $260.00 Jennifer Gomez GIS $85.00 10 $850.00 Subtotal $4,790.00 GIS Maps/Exhibits $80.00 Directs (2%) $95.80 Subtask Total $4,965.80 Task 5.4 RWQCB Application Kathleen Bradv Principal $115.00 1 $115.00 Gary Medeiros Sen Proi Mor $135.00 25 $3,375.00 Amber Oneal Biolooist $95.00 2 $190.00 Kathv Unklater WP $65.00 4 $260.00 Jennifer Gomez GIS $85.00 10 $850.00 Subtotal $4,790.00 GIS Maps/Exhibits $80.00 Directs (2%) $95.80 Subtask Total $4,965.80 Task 5.5 Resource Agency Processino Kathleen Bradv Princioal $115.00 8 $920.00 Garv Medeiros Assoc. Principal $135.00 40 $5,400.00 Amber Oneal Biolooist $95.00 8 $760.00 Kathv Unklater WP $65.00 5 $325.00 Jennifer Gomez GIS $85.00 2 $170.00 . Subtotal $7,575.00 Directs (2%) $151.50 Subtask Total $7,726.50 Task 5 Total $26,114.40 TASKS 1-5 TOTAL $38,294.40 , .c ITEM 17 ORDINANCE NO. 05-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA MUNICIPAL CODE TO REGULATE LIQUOR STORES AND SIMILAR USES, AND TO FURTHER CLARIFY OTHER REQUIREMENTS FOR BUSINESSES SELLING ALCOHOLIC BEVERAGES (PLANNING APPLICATION 04-0594) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinas. The City Council is particularly concerned about the deleterious secondary impacts that can arise from the over-concentration of liquor stores. Although the risks of negative secondary effects can arise from any sales facility offering alcoholic beverage, this City Council finds that the risks of negative secondary effects increase when a sales facility has, as its sole and primary focus, the sale of a wide range of beverages containing alcohol and of no other primary consumer product. The secondary effects that have been associated with such single product genre include, but are not limited to, an increase in publiC disturbances, increases in theft crimes, increases in alcohol use related offense and increases in sales of alcoholic beverages to underage purchasers. For the purposes of minimizing the potential risk arising from an over-concentration of such users, and to ensure that each liquor store is operated in a responsible manner that minimizes burdens on the City's police and public safety and maximizes benefits to the community, the City imposes these further requirements, proof of which much be expressly determined to exist by the hearing body or officer pursuant to clear and convincing evidence: Section 2. Additional Findinas. The City Council is also concerned that the use of census tracts to determine the potential for over-concentration of establishments selling alcoholic beverages does not adequately reflect local land use planning efforts. Census tracts are created by the United States Bureau of the Census and are intended to facilitate the compilation of data gathered during the decennial national census. Census tract boundaries are commonly drawn along roads or are based upon easily observable physical features such as rivers and streams. The right to control land uses is a fundamental power granted to local governments by the State of Califomia. The lack of consideration of an adopted general plan creates a situation where a business selling alcoholic beverages is in an appropriate location, as determined by the City Council, yet is considered to be potentially inappropriate by the State Department of Alcoholic Beverage Control. Therefore, the City Council has determined that all requests for a finding of convenience or necessity shall solely consider local land use planning and compatibility issues. Section 3. The City Council of the City of Temecula hereby amends Table 17.08.030 of the Temecula Municipal Code as shown below. R:/Ords 2005/0rds 05-05 A. Replace the listing for alcoholic beverage sales with the follows: Description of Use NC CC HT SC PO BP LI Alcoholic beverage sales in conjunction C C C C C C C with an otherwise allowable use (examples include: bowling alleys, golf courses, and wine tasting establishments)' 1. Subject to the supplemental development standards contained in Chapter 17.10. B. Add the following uses: Description of Use NC CC HT SC PO BP LI Convenience manket (with the sale of C C C C C - - alcoholic beverages) Specialty market C P P P C - . Wine tasting shop (including product sale C P P P - - - for off-site consumption) C. following: Replace the listing for restaurants and other eating establishments with the Description of Use Restaurants and other eating establishments (with or without the sale of beer and wine) NC P CC p HT SC p p PO BP LI P P P D. Modify the listing for nightclub/tavern/bar/dance club/teen club with the following: Description of Use Nightclub/tavern/bar/dance club/teen club NC CC C HT SC PO BP LI C C Section 4. The City Council of the City of Temecula hereby amends Section 17.10.020.B of the Temecula Municipal Code to read as follows: "B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall require the appropriate license from the state of California. 2. All businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use shall also require a conditional use permit. Examples of these types of businesses include: golf courses, bowling alleys, and other sports and recreation facilities. R:/Ords 2005/0rds 05-05 2 3. Businesses selling alcoholic beverages and requiring a conditional use permit shall not be located within five hundred feet of any religious institution, school, or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious institution, school, or public park. This requirement shall not apply when the alcohol-selling business and the church, school or park are both located within commercial or industrial zones. 4. Liquor Stores. Liquor stores shall comply with the following additional standards and requirements. a. No proposed liquor store shall be located closer than 1,000' (one thousand feet) from any existing liquor store, as measured from closest property line to closest property line. b. A security plan, including but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering, and other reasonable factors has been submitted to the Chief of Police and has been approved or conditionally approved. c. No liquor store shall open for business without the prior approval of a conditional use permit prior to the conduct of business. Any reasonable conditions deemed necessary to ensure the proposed liquor store will not create nuisance conditions or unreasonably disrupt the neighborhood, in which it is proposed to be located, may be added into the conditions of approval for the project. d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit as contained in Section 17.04.010. 5. Finding of Public Convenience or Necessity. When requested by the State of California to make a finding of public convenience or necessity, the approval authority shall consider only the following criteria in making a finding of public convenience or necessity. a. Whether or not the proposed use is consistent with the general plan and development code. b. Whether or not the proposed use is compatible with the nature, condition, and character of adjacent land uses. c. Whether or not the proposed use would have an adverse effect on adjacent land uses d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity." R:/Ords 2005l0rds 05-05 3 Section 5. The City Council of the City of Temecula hereby amends Section 17.10.020 of the Temecula Municipal Code by adding Subsection Q to read as follows: "Q. Concurrent Sale of Motor Vehicle Fuel and Alcoholic Beverages. 1. To comply with the provisions of the Business and Professions Code (Section 23790 et. seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. 2. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine with motor vehicle fuel. a. No beer or wine shall be displayed within close proximity to and never closer than five feet of the cash register or the front door. b. No sale of alcoholic beverages shall be made from a drive-up window. c. No display or sale of beer or wine shall be made from an ice tub. d. No beer or wine advertising shall be located on motor fuel islands. e. No beer or wine advertising shall be located on the building, windows, doors, or on free-standing signage. f. No self-illuminated advertising for beer or wine shall be located on buildings or free-standing signage. g. Employees on duty between the hours of 10 p.m. and 2 a.m. that sell beer or wine shall be at least 21 years of age. h. All employees selling alcoholic beverages shall have completed the Training Program provided by the Alcoholic Beverage Commission." Section 6. The City Council of the City of Temecula hereby amends Chapter 17.34 of the Temecula Municipal Code by adding the following definitions: ""Liquor Store" means a retail sales facility offering for sale an assortment of distilled, fermented, brewed or similarly prepared beverages that contain amounts of alcohol sufficient to cause the sale of the beverage to be regulated by the State of California and (i) where the sale of such beverages is the predominant product sold in such facility, whether such finding is determined by total annual retail sales or square footage of the facility dedicated to the storage and/or display of such merchandise; and (ii) the retail sales facility is not the direct, corporately owned marketing and/or sales facility of the R:/Ords 2005l0rds 05-05 4 producer of the alcoholic beverage and where the alcoholic beverage is primarily intended to be consumed off site from the place of sale. Liquor stores commonly range in size from 2,000 square feet to 5,000 square feet. A convenience manket selling distilled spirits that meets criteria (i) and (ii) above shall also be considered as a liquor store for the purposes of this ordinance." "Specialty market" means a retail food manket that specializes in a specific type or class of food and related products. Typically specialty markets range in size from 10,000 to 40,000 square feet." Section 7. Environmental Compliance. The proposed amendment represents a minor change to the Development Code to modify how businesses selling alcoholic beverages are addressed. When a site specific application is filed with the City, a determination will be made at that time, as to the type of environmental review necessary to comply with the provisions of the California Environmental Quality Act. The City Council has reviewed the information contained in the Initial Environmental Study and hereby finds that the adoption of this ordinance could have no impact on the environment and the adoption of this ordinance is exempt from review under the Califomia Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 8. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 10. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 11. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. R:/Ords 2005l0rds 05-05 5 PASSED, APPROVED AND ADOPTED this 24th day of May, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-05 was duly introduced and placed upon its first reading at a meeting of the City Council on the 10th day of May, 2005 and that thereafter, said Ordinance was duly adopted and passed at a meeting of the City Council on the 24th day of May, 2005, by the following vote: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: ABSENT: ABSTAIN Susan W. Jones, CMC City Clerk R:/Ords 2005/0rds 05-05 6 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 10,2005 A regular meeting of the City of Temecula Community Services District was called to order at 8:21 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: o DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of April 26, 2005. 2 Completion and Acceptance of Pablo Apis Park Add Amenities - Proiect No. PW02-02 RECOMMENDATION: 2.1 Accept the Pablo Apis Park Add Amenities - Project No. PW02-02 - as complete; 2.2 File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 2.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion. 3 Ratification of Election Results - Roripauqh Ranch Specific Plan RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Minutes.csd\OS100S RESOLUTION NO. CSD 05-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 29, 2005 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 4 Ratification of Election Results - Tract Map No. 29133 RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 05-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MAY 3, 2005, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 5 Ratification of Election Results - Tract Map No. 25004 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 05-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MAY 3, 2005, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW With regard to Item Nos. 3-5 for Director Naggar, staff clarified the process for the Roripaugh Ranch Specific Plan election since that election had not passed. MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1 - 5. The motion was seconded by Director Edwards and electronic vote reflected unanimous approval. R:\Minutes.csdI051 005 2 DIRECTOR OF COMMUNITY SERVICES REPORT No additional comment. GENERAL MANAGER'S REPORT No additional comment. BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 8:23 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 24, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] R:lMinutes.csdI051005 3 Chuck Washington, President . ITEM 2 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: May 24, 2005 SUBJECT: Financial Statements for the Nine Months Ended March 31,2005 PREPARED BY: Jason Simpson, Assistant Finance Director&' Pascale Brown, Senior Accountant (J. RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the Nine Months Ended March 31,2005. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Nine Months Ended March 31, 2005. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2005 Statement of Revenues, Expenditures and Changes in Fund Balance for The Nine Months Ended March 31 , 2005 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of March 31 , 2005 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31 , 2005 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of March 31, 2005 Parks & Recreation Service Level B Service Level C Service Level D Service Level R Service Level L Debt Service Total Assets: Cash and investments Receivables Due from other funds $ 308.290 $ 61.806 $ 157.832 $ 58.833 $ 27,519 18,378 545 2,006 449 170 391,238 $ 132,916 $ 1,138,434 1.372 643 23,563 Total assets $ 326,668 $ 62.351 $ 159.838 $ 59.282 $ 27.689 392.610 $ 133,559 $ 1,161,997 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities $ 212,331 $ 17 $ 89,495 $ 117 $ 82,252 $ 384,212 Total liabilities 212,331 17 89.495 117 82.252 384.212 Fund balances: Reserved Designated 114,337 62,334 70.343 59,165 $ 27,689 310,358 $ 133,559 777,785 Total fund balances 114,337 62,334 70,343 59.165 27,689 310.358 133.559 777.785 Total liabilities and fund balances $ 326,668 $ 62,351 $ 159,838 $ 59.282 $ 27.689 392.610 $ 133.559 $ 1,161,997 Please note that these balances are unaudited Temecula Conununity SeIVices District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2005 Annual Amended YfD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Special tax $ 2.763.531 $ 1,408,027 $ 1,408,027 51% (1) TCSD adrnin fee creditl"REST" 3.725.200 2,709.000 2,709,000 73% Recreation programs 974.200 668,682 668,682 69% (2) Investment interest 10.000 , 7.952 7,952 80% Miscellaneous 242,400 174.122 174,122 72% Operating transfer in Total Revenues 7.715.331 4,967.783 4,967,783 64% Expenditures: Parks, medians and arterial street lighting 4,841,015 3,319,645 $ 409,627 3,729.272 77% Seniors 166,400 107,507 5,056 112,563 68% (2) Cormnunity Recreation Center (CRC) 469,400 307,296 12.354 319.650 68% (2) Recreation programs 758,248 477.232 20.072 497 .304 66% (2) Temecula Community Center (TCC) 173,847 119,330 8,102 127.432 73% Museum 198,800 126,745 6,664 133,408 67% (2) Aquatics 489,450 286.175 19,751 305.925 63% (2) Sports 227,350 117,678 16,683 134.361 59% (2) Children's Museum 220,644 163,877 6,380 170,258 77% Conununity Theater 91,100 33,566 850 34,416 38% (3) Operating transfers out 566,300 566,300 566,300 100% (4) Total Expenditures 8,202,554 5,625,351 505.538 6,130,889 75% Revenues Over/(Under) Expenditures (487,223) (657,568) Beginning Fund Balance, July 1. 2004 771,905 771,905 Ending Fund Balance. March 31. 2005 $ 284,682 $ 114,337 Notes: I) Special Tax revenue is scheduled to be received by the end of May of this fiscal year. 2) The variance in Recreation programs revenues and expenditures is due to decreasing activities during this quarter. 3) The Conununity Theater Grand Opening is scheduled for October 2005, therefore operating cost related to this facility were less than expected. 4) The variance is due to timing of operating transfer out during this quarter. 2 Temecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31. 2005 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 481,680 $ 243.446 $ 243,446 51% (I) Investment Interest 800 1,122 1,122 140% (2) TCSD Admin Fee CreditlRest Street lighting fees 24,000 32,004 32,004 133% (3) Miscellaneous 1,000 Operating Transfer in Total Revenues 507,480 276,572 276,572 54% Expenditures: Salaries & Wages 5,000 3,689 3,689 74% Street lighting 560.000 373.847 373.847 67% Miscellaneous 13 .900 9.592 9,592 69% Total Expenditures 578,900 387,127 387,127 67% Revenues Over/CUnder) Expenditures (71,420) (11 0,555) Beginning Fund Balance, July 1, 2004 172,890 172,890 Ending Fund Balance. March 31. 2005 $ 101,470 $ 62.334 Notes: 1) The second Assessment installment is scheduled to be received by the end of May during this fiscal year. 2) Investment interest is higher than anticipated for this quarter due to cash balance. 3) The increase in street lighting fees is due to the timing of developers pulling permits for estimated lighting fees for the fiscal year. 3 Temecula Corrununity Services District Service Level C w Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance w Budget and Actual For the Nine Months Ended March 31. 2005 Annual Amended YTD Total Percent Bndget Activity Encumbr. Activity of Bndget Revenues: Assessments $ 1,202.732 $ 603.555 $ 603,555 50% (1) Investment interest 2,000 2,736 2,736 137% (2) Plan check and inspections 30.000 2,760 2.760 9% (3) Miscellaneous 31.320 31,316 31,316 100% (4) Total Revenues 1,266,052 640,366 640,366 51% Expenditures: Salaries and wages 246.800 162,938 $ 500 163,438 66% Landscape maintenance 690,000 481.609 191,803 673,412 98% (5) Utilities 265.000 184,846 820 185.666 70% Other expenditures 83,700 35,689 32.341 68,030 81% Total Expenditures 1,285,500 865,082 224,964 1.090.546 85% Revenues Overl(Under) Expenditures (19.448) (224,716) BegiIUling Fund Balance, July I. 2004 295.058 295,058 Ending Fund Balance. March 31, 2005 $ 275.610 $ 70,343 Notes: 1) The second Assessment installment is scheduled to be received by the end of May during this fiscal year. 2) Investment interest is higher than anticipated for this quarter due to higher than expected cash balance. 3) The variance is due to developers pulling less permits for plan checks and inspections than expected during this quarter. 4) The variance is due to a donation received from Harveston for slope maintenance. 5) The variance is primarily due to encumbrances that are recorded for landscape maintenance services for the fiscal year. 4 Temecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31. 2005 Annual Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget Revenues: Assessments $ 3.578.671 $ 1.817,492 $ 1,817,492 51% (I) Grants 20,820 20,817 20.817 100% (2) Investment interest 2,000 907 907 45% (3) Recycling Program 5.000 5.000 5.000 100% (4) Street Lighting Fees 7.000 Operating Transfer in 70.000 70.000 70.000 100% (5) Total Revenues 3,683,491 1.914.216 1.914.216 52% Expenditures: Salaries and wages 38.500 28,348 28,348 74% Refuse hauling 3,604.100 1,802,049 1,802,049 50% (6) Other expenditures 59,650 44,787 44.787 75% Total Expenditures 3,702.250 1,875.184 1,875,184 51% Revenues Over/(Under) Expenditures (18,759) 39.032 Beginning Fund Balance. July 1, 2004 20,133 20.133 Ending Fund Balance. March 31, 2005 $ 1,374 $ 59,165 Notes: I) The second Assessment portion is scheduled to be received by the end of May during this fiscal year. 2) Grant revenue was received in July of this fiscal year. 3) Investment interest is lower than anticipated this quarter due to low cash balance. 4) Recycling program revenue was received in January this fiscal year. 5) The variance is due to timing of operating transfer in during this quarter. 6) The variance is due to second payment to CR & R that is scheduled to be made in June of this fiscal year. 5 Temecula Conununity Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31. 2005 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 9.159 $ 5.451 $ 5.451 60% (1) Investment interest 500 455 455 91% (2) Total Revenues 9,659 5,906 5,906 61% Expenditures: Emergency street maintenance 14.045 7.840 $ 4,160 12,000 85% Other expenditures 100 81 81 81% Total Expenditures 14,145 7,921 4.160 12.081 85% Revenues Over/(Under) Expenditures (4.486) (2,015) BegilUling Fund Balance. July 1. 2004 29,704 29,704 Ending Fund Balance. March 31, 2005 $ 25,218 $ 27.689 Notes: I) The second assessment installment is scheduled to be received by the end of May during this fiscal year. 2) Investment interest is higher than anticipated for this quarter due to higher than expected cash balance. 6 Temecula Community Services District Service Level L - Lake Park Maintenance Statement of Revenues, Expenditures and'Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 2005 Revenues: Special Assessments Investment interest Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 206,000 $ 309,545 309.545 150% (I) 300 1,566 1,566 522% (2) 206,300 311,111 311.111 151% 12,000 342 $ 10,200 10,542 88% (3) 48,000 410 410 1% (4) 60,000 752 10,200 10,952 18% 146.300 310,358 Total Revenues Expenditures: Landscape Maintenance Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July I, 2004 Ending Fund Balance, March 31, 2005 $ 146,300 $ 310,358 Notes: I) The variance is due to the timing of the operating transfer in during this quarter. 2) Investment interest is higher than anticipated for the quarter due to higher than expected cash balance. '3) The variance is primarily due to encumbrances that are recorded for landscape maintenance services for the fiscal year. 4) The variance is due to timing of the contract for Harveston lake expenditures. TCSD took over maintenance of Haveston Lake in April 2005. $60,000 is expected to be spent during the 4th quarter of this fiscal year. 7 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31. 2005 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 1.000 $ 1,661 $ 1,661 166% (I) Operating transfers in 496,300 496,300 496,300 100% (2) Total Revenues 497,300 497,961 497,961 100% Expenditures: Debt service - principal 230,000 230,000 230,000 100% (3) Debt service - interest 261,800 132,625 132.625 51% (4) Other expenditures 4,500 4,050 4,050 90% Total Expenditures 496,300 366,675 366,675 74% Revenues Over/(Under) Expenditures 1,000 131,286 Beginning Fund Balance. July 1, 2004 2.273 2,273 Ending Fund Balance, March 31, 2005 $ 3,273 $ 133,559 Notes: 1) Investment interest is higher than anticipated for the quarter due to cash balance. 2) The variance is due to the timing of the operating transfer in during this fiscal year. 3) The variance is due to the Debt Service principal payment being made in October of this fiscal year. 4) Debt Service interest payments are scheduled to be made in October and April of this fiscal year. 8 ITEM 3 APPROV~. ~ - CITY ATTORNEY DIRECTOR OF FINA~CE n.1i>- CITY MANAGER~ I CITY OF TEMECULA AGENDA REPORT TO: FROM: Board of Directors Herman D. Parker, Director of Community serviceff/4 May 24, 2005 DATE: SUBJECT: TCSD Proposed Rates and Charges for FY 2005-2006 PREPARED BY: Barbara Smith, Management Analyst ~l~ That the Board of Directors: RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting, perimeter landscaping and slope maintenance, recycling and refuse collection, and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD. The four current service levels of the TCSD include: 1, Service Level B - Residential Street Lighting. 2. Service Level C - Perimeter Landscaping and Slope Maintenance, 3, Service Level D - Recycling and Refuse Collection, 4. Service Level R - Unpaved Road Maintenance. R:\SMITHB\Assessments\05-06 Assessment\Staff-Reso of Intent 2nd. DOC 05/17/2005 Service Level B - Residential Street Lighting The TCSD Rates and Charges for Service Levels B are not proposed to increase from last year's rates, The residential parcels within the Redhawk annexation area will be added to this Service Level as well as several residential tracts within the current city boundary. Service Level C - Perimeter/Slope Landscaping Existing subzone rates within Service Level C are not proposed to increase from last year's rate except for C-8. C-8 was voted in by the residents at a rate of $20.00 per year, however last year TCSD was proposed to maintain the landscaping within this area for six (6) months. As a result, TCSD only assessed C-8 at a $10.00 rate; this Fiscal Year TCSD will maintain the area for twelve months so the property owners within this rate level will be assessed at the $20.00 rate. TCSD is proposing to create one (1) additional subzone as follows: Subzone C-11 Proposed Rate $270,00 Subzone C-l1 is proposed for the Gallery Homes "Traditions" which has 8 assessable parcels, This residential development is located between Pauba and Santiago Roads on the east side of Ynez Road, Within subzone C-1 0 with an approved rate of $1 00.00, an additional 666 parcels which represents new residential parcels in Harveston will aiso be assessed. Service Level 0 - Solid Waste/Recycling Services An increase is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling) to $192.48 per residential parcel beginning Fiscal Year 2005-2006. For Fiscal Year 2004-2005, the rate and charge for this Service Levei was $180.70. Due to a contractual agreement with the waste hauier the rate will increase by $4.65 per parcel. A potential increase to the Riverside County Landfill tipping fees, based on the CPI, may result in an additional $1.57 rate increase. This portion of the rate increase will only be levied if Riverside County actually increases the tipping fee for FY 2005-2006. The balance of the increase is $5,56, which covers City operational expenses for a new annual rate of $192.48 per residential parcel. The annual rate from FY 2004-2005 was $180,70 however due to late notice from Riverside County Waste Management regarding the Tip Fee increase the amount assessed each parcel was $179,86 and the City suppiemented the $0.84 per assessed parcel. The total increase from FY 2004-2005 rate of $180,70 to this year's rate of $192.48 is $11.78, Service Level R - Unpaved Street and Road Maintenance The TCSD Rates and Charges for Service Levels R are not proposed to increase from last year's rates. The TCSD is required to complete an annual levy process which includes adopting a resolution accepting the filing of a report on the proposed rates and charges necessary to provide the aforementioned services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. R:\$MITIffi\Assessments\05-06 Assessment\Staff-Reso of Intent 2nd. DOC 05/1812005 On April 26, 2005 the Board of Directors approved a Resolution of Intention that calied for a public hearing to be held on June 14, 2005, At the same time the Board also approved the mailing of notices informing the property owners of the proposed FY 2005-2006 rates and charges. California law requires notice at least 45 days before the public hearing to be given to the owners of property on which the rates and charges are proposed to increase. Accordingly, the notices were mailed on Friday, April 29, 2005. The April 29, 2005 notices did not include the rate and charge for Service Level D Refuse/Recycling Services for the property owners within the Redhawk area, Revised notices were mailed on May 13, 2005. In order to meet this 45-day period, the public hearing must be rescheduled for June 28, 2005. The City Attorney's Office has recommended that we open the public hearing on June 14, 2005 and immediateiy continue the June 14, 2005 hearing until the June 28, 2005 Board Meeting. On June 28, 2005 the Board wili conduct a public hearing to consider any objections or protests on the proposed rates and charges for FY 2005-2006. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for FY 2005-2006 and schedule a public hearing concerning these issues for June 28, 2005, FISCAL IMPACT: The revenue generated from the TCSD FY 2005-2006 Rates and Charges wili fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse coliection; and street and road maintenance services in the City ofTemecula, The proposed TCSD levy budget for FY 2005-2006 is $6,663,129, ATTACHMENTS: 1. 2, 3. Resolution of Intention for FY 2005-2006 TCSD Rates and Charges. Preliminary Levy Report for FY 2005-2006. 2nd Public Hearing Notice for FY 2005-2006-Redhawk Area Only R:\$MITHBlAssessmems\05-06 Assessment\Staff-Reso of lntent 2nd DOC 05/18/2005 Attachment 1 RESOLUTION NO. CSD 05-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 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 the 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 same manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lighting, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2005-2006 fiscal year, All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61621.2, the TCSD has caused a written ("Report") to be prepared and filed with the Secretary of the TCSD; this Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2005-2006. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of 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. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 28th day of June, 2005, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will conduct the public hearing continued from June 14, 2005 and open the public hearing scheduied for June 28, 2005. The Board of Directors will hear and consider all objections or protests, if any to the Report, The Board may continue the hearing if necessary. R\SMITHB\Assessments\05-06 Assessment\Staff.Reso of Intent 2nd.DOC 051l8/2005 Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61765,2, The District Secretary is further directed to acknowledge that notice was provided on May 13, 2005, pursuant to Section 6 of Article XIIID of the California Constitution regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 24th day of May, 2005. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF TEMECULA I 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 24th day of May 2005, by the following vote of the Board of Directors AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: R:\SMlTIIB\Assessments\05-06 Assessment\Staff-Reso of Intent 2nd DOC 05/18/2005 EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 1, 2002, Muni Financial, Inc. was retained by the City ofTemecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2005- 2006. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level. The TCSD is currently composed offour (4) service levels, The descriptions of the service levels are as follows: 1. Service Level B - Residential Street Liqhts, Operations, maintenance, utility costs and administration of all residential streetlights. 2. Service Level C - Perimeter Landscapinq and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD, 3. Service Level D - Recvclinq, Refuse Collection, and Street Sweeping. Operations and administration of the recycling and refuse program, and street sweeping services for all single-family residential homes. 4. Service Level R - Street and Roads. Maintenance of unpaved streets and roads. R:\SMITIIB\Assessments\05-06 Assessment\Staff.Reso of Intent 2nd.DOC 05/1812005 The Financial Analysis contained herein contains each Service Level including with their totals for Fiscal Year 2005-2006 to be as follows: Service Level B Service Level C Service Level D Service Level R $ 673,785 $ 1 ,456,006 $ 4,521,138 $ 12,200 $/SFR $ 25.68 Variable $192.48 Variable SERVICE LEVEULEVY BUDGET TOTAL TCSD LEVY FY 2005-2006 $ 6,663,129 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2005-2006 are as shown on the Levy Roll on file with the City Clerk/District Secretary. R:\SMITHB\Assessments\05-06 Assessment\Staff-Reso of Intent 2nd.DOC 0511812005 Attachment 2 CITY OF TEMECULAlREDHAWK DEVELOPMENT ENGINEER'S ANNUAL LEVY REPORT Temecula Community Services District (TCSD) Service Fiscal Year 2005/2006 INTENT MEETING: PUBLIC HEARING: May 10, 2005 June 28, 2005 II 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 Lancaster, CA Los Angeles Regional Office Oakland, CA Phoenix, AZ Sacramento, CA Seattle, WA www.munLcom ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Rates and Charges for the: Temecula Community Services District (TCSD) City of Temecula Riverside County, State of California This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Dated this day of ,2005. MuniFinancial District Engineer On Behalf of the City of T emecula and The Temecula Community Services District By: Adina Vazquez Project Manager, District Administration Services By: Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS I. INTRODUCTION .............................................................................................1 II. PLANS AND SPECIFICATIONS .........................................................2 A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES............................................2 B, BUDGET AND LEVY SUMMARY ...................................................................................3 C. DISTRICT SERVICES AND CHARGES ...........................................................................5 III. CHANGES TO THE DISTRICT ............................................................9 A. NOTABLE MODIFICATIONS TO THE DISTRICT.............................................................1 0 B. PROPOSED MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 2005/2006..............10 IV. DISTRICT BUDGETS..............................................................................13 V. METHOD OF APPORTIONMENT.....................................................15 APPENDIX A - 2005/2006 COLLECTION ROLL..............................17 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 I" INTRODUCTION Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("District") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the District 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 District. The District collects property.related fees and charges ("Charges") in order to provide services and maintain the improvements within the District. The District was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law"), Each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed and approved by the Board. This Report describes the District, any changes to the District and the proposed Charges for the fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number or Assessor's Parcel Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers and specific Fund Numbers, to identify on the tax roll, properties charged for District services. The Charges contained in the Report are based on the historical and estimated cost to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as road improvement and maintenance within specified areas of the District. Pursuant to Government Code Sections 61621 and 61621,2, the District has prescribed, revised and collected rates and charges for residential street lighting ("Service Level B"), perimeter landscaping ("Service Level C"), refuse/recycling ("Service Level D"), and road maintenance ("Service Level R") services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. MuniFinancial Page 1 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 Pursuant to Government Code Section 61621,2, this Report is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level D and Service Level R Rates and Charges for the parcels and territories within the District. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2005/2006. In such case, the levy information will be submitted to the Riverside County Auditor/Controller, and included as Charges on the property tax roll for the various services provided in Fiscal Year 2005/2006, II. PLANS AND SPECIFICATIONS A. General Description of the District and Services The boundary of the District is coterminous with the City boundary, and includes all parcels within the City. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as "Service Levels". Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided, All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are proportionately spread among all properties within that Service Level to which the service is provided. Services and improvements provided through the District include residential street lighting; perimeter landscape maintenance and slope protection; a refuse and recycling collection program; and road improvement construction and maintenance, The Service Levels are identified as follows: . Service Level B - Residential Street Lighting . Service Level C - Perimeter Landscaping . Service Level D . Refuse/Recycling . Service Level R . Road Maintenance MuniFinancial Page 2 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 B. Budget and Levy Summary The budgets for each Service Level are shown in detail in Section IV of this report. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included at each of the Service Levels. The "Total Levy Units" and the resulting "Charge Per Levy Unit" (shown in Table I), reflect a method of apportionment that most fairly proportions the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and D is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit ("PDU"), which is similar to a per parcel count, but makes a distinction between developed and undeveloped parcels. 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District Services and Charges Service level B, Residential Street Lighting - includes all developed single family residential parcels and residential vacant lots for which the District provides on-going servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service level B is $25.68 per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2005/2006, Service level B Tracts 04153-00 19939-00 20882,03 21760-00 23100-07 23287,03 24134-03 27827-02 30088,00 04188-00 19939-01 20987,00 21765-00 23100-08 23267,04 24135-00 27827-03 30667-00 04457-00 19939-02 21067-00 22148,00 23101-01 23371-00 24135,01 28309-00 30667-01 06559-00 20079-00 21082-00 22203-00 23101-02 23371-01 24135-02 28480-00 30667-02 07401,00 20079,01 21082-01 22204-00 23101-03 23371,02 24135-03 28482-00 30667,03 07402-00 20079-02 21082,02 22208-00 23101-04 23371-03 24136,00 28482-01 30668-00 08369-00 20079-03 21082-03 22593,00 23101-05 23371-04 24136-01 28482,02 30668-01 08369-01 20130-00 21082,04 22593-01 23101-06 23371-05 24136,02 28482,03 30668-02 08369,02 20130,01 21340-00 22593-02 23125-00 23371-06 24136,03 28503-00 30669-00 11087-01 20130-02 21340-01 22627-00 23125-01 23371,07 24182,01 28510-00 30669-01 11087-02 20130-03 21340-02 22627-01 23125-02 23371,08 24182-02 28510-01 30669-02 12189,01 20130-04 21340-03 22715-00 23125-03 23371-09 24182,03 28510,02 31053-00 12189,02 20130,05 21340,04 22715-01 23126-00 23371-10 24182-04 28510-03 31053,01 12189-03 20130,06 21340-05 22715-02 23128-00 23371-11 24183-00 28526-00 31053,02 12189-04 20153-00 21340-06 22716-00 23142-00 23371-14 24183-01 28553,00 31053,03 12189,05 20154,00 21340,07 22716,01 23143-00 23483-00 24184-00 28553-01 PM 26488 12189-06 20319-00 21430-01 22716-02 23143-01 24131-00 24184,01 28810,00 PM 27493 12189-07 20643-00 21561-00 22716-03 23143-02 24131-01 24185-00 29033-00 PM 28122 13060-01 20644-00 21672-01 22716-04 23143-03 24131-02 24185-01 29036-00 Old Town 13060,02 20703,01 21672-02 22761,00 23143-04 24131-03 24185-02 29286-00 Redhawk 13060-03 20703-02 21672,03 22762,00 23143,06 24132-00 24186-00 29798-00 13060-04 20703-03 21672-04 22786-00 23143-07 24132-01 24186-01 29798-01 13060-05 20735-01 21673-00 22915-00 23143-08 24133-00 24186-02 29798-02 13060-06 20735-02 21673-01 22915-01 23143-09 24133-01 24186-03 29798-03 13060-07 20735-03 21673-02 22915-02 23143-10 24133-02 24187-00 29798-04 13060-08 20735-04 21673-03 22915-03 23143-11 23173-01 24187-01 29798-05 18518-00 20735-05 21674-00 22916-00 23173-00 23173-02 24187-02 29798-06 18518-01 20735-06 21674-01 22916,01 23174,03 23173,03 24188,01 29798,07 18518-02 20735-07 21674-02 22916-02 23174-04 23173-04 24232-00 29798-08 18518,03 20735-08 21674-03 22916-03 23174-05 23174-01 25004-01 29798-09 18583-00 20735-09 21675-00 22962,00 23174,06 23174-02 25892-00 29798-10 19872,00 20848,00 21675,01 23100-01 23177-00 24133-03 26488-00 29928-00 19872-01 20879-00 21675-02 23100-02 23209-00 24133-04 26828-00 29928-01 19872-02 20879,01 21675-03 23100-03 23220-00 24133-05 26828-01 29928-02 19872,03 20882-00 21675-04 23100-04 23267-00 24134-00 26828-02 29928-03 19872,04 20882,01 21675-05 23100-05 23267-01 24134-01 27827-00 29929-00 19872-05 20882-02 21675,06 23100-06 23267-02 24134-02 27827-01 29929-01 MuniFinancial Page 5 Ternecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 Service level C, Perimeter landscaping - includes all developed single family residential parcels and residential vacant lots for which the District 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 certain tracts and subdivisions. The level of maintenance required within these tracts and subdivisions vary depending on operating costs. Eleven (11) subzones and their corresponding rates have been established within Service level C, . The proposed and maximum rate for C-1 is $ 46.00, . The proposed and maximum rate for C-2 is $ 89,00. . The proposed and maximum rate for C-3 is $116.00. . The proposed and maximum rate for C-4 is $175.00, . The proposed and maximum rate for C.5 is $ 70.00. . The proposed and maximum rate for C-6 is $225.00, . The proposed and maximum rate for C-7 is $129.00. . The proposed and maximum rate for C-8 is $20.00. . The proposed and maximum rate for C-9 is $200.00. . The proposed and maximum rate for C-1 0 is $100.00, . The proposed and maximum rate for C-11 is $270.00, The current rate and charges for Service level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2005/2006. Rate level C-1 Tract Name Presley Development Rancho Solana The Vineyards Monte Vista Service level C Tracts Tract Numbers 23267,00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03 22593,00 22593-01 22593-02 20879-00 20879,01 28309-00 Rate Level C-2 Tract Name Morrison Homes Ridgeview Winchester Creek Tract Numbers 22148,00 20735,07 20130,00 21340-00 20735,08 20130-01 21340,01 20735-09 20130-02 21340-02 21764-00 27493-PM 20130-03 20130-04 20130-05 20130-06 21340-03 21340-04 21340-05 21340,06 MuniFinancial Page 6 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 21340,07 Woodcrest Country 21561-00 22208-00 Rate Level C-3 Tract Name Tract Numbers Martinique 23128-00 Rancho Highlands 20643-00 20644-00 21760-00 22203,00 22204,00 22761-00 22762-00 Saddlewood 18518-00 18518-01 18518-02 18518-03 Vintage Hiils 22715,00 22715-01 22715-02 22716-00 22716-01 22716,02 22716-03 22716-04 22915-00 22915-01 22915,02 22915-03 22916-00 22916-01 22916-02 22916-03 28122,PM Lennar 29286-00 Rate Level C-4 Tract Name Tract Numbers Sarcley Estates 25004,01 Meadow View 21765-00 Signet Series 20882-00 20882-01 20882-02 20882-03 Tradewinds 23125-00 23125-01 23125-02 23125-03 Village Grove 21672-01 21672-02 21672-03 21672-04 21673-00 21673-01 21673-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675,02 21675,03 21675,04 21675,05 21675-06 Crowne Hill 23143-00 23143-01 23143-02 23143,03 23143,04 23143,06 23143,07 23143-08 23143-09 23143-10 23143-11 Rate Level C-S Tract Name Tract Numbers Temeku Hills 23371-00 23371-01 23371-02 23371,03 23371,04 23371,05 23371-06 23371-07 23371-08 23371-09 23371-10 23371,11 23371,14 23371,15 28482-00 28482,01 28482,02 26482-03 28526-00 29033-00 Rate Level C-6 Tract Name Tract Numbers Woodside 28510,00 28510-01 28510-02 28510-03 Rate Level C-7 Tract Name Tract Numbers Vail Ranch 23173,00 23173,01 23173-02 23173-03 23173-04 23174-01 23174,02 23174-03 23174,04 23174-05 23174-06 26480-00 28832-00 MuniFinancial Page 7 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 Rate Level C-B Loma Linda Tract Numbers 19872-00 19872,01 19872-02 19872-03 19872-04 19872-05 Rate Level C-9 Tract Tract Name Numbers Shea Homes 23209 Rate Level C-10 Tract Tract Name Numbers Harveston Development 29928,00 29928-01 29928-02 29928-03 29929-00 29929-01 30088-00 30667,00 30667-01 30667-02 30667-03 30668,00 30668-01 30668-02 30669-00 30669-01 30669-02 31053,00 31053-01 31053-02 31053-03 Rate Level C-11 Tract Tract Name Numbers Traditions/Gallery Homes 29133-00 MuniFinancial Page 8 Ternecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 Service Level 0, Refuse/Recycling Collection - provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all developed single family residential homes (or "household") within the District. The rate and charges for Fiscal Year 2005/2006 for Service Level D is $192.48 per Household and will be applied to all parcels that have been identified as developed single family residential homes. Service Level R, Road Maintenance - provides funding for construction, improvement, service and maintenance of public streets and roads throughout the District. The services provided may include, but are not limited to: renovation or restoration due to damage; flood and drainage control; repairs and re-grading; and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R share in the cost of the services provided, The costs associated with the services are proportionately spread among all parcels within various areas ("rate levels") of Service Level R. Service Level R currently has two (2) rate levels. The level of maintenance required within these two (2) areas vary due to operating costs, and therefore separate rate levels have been established, Only the parcels within each of the two (2) boundary areas will be charged for the costs associated with servicing and maintaining the roads and streets in the area. . Rate Level R-1 -This rate level consists of seventy-six (76) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of: Kimberly Lane; Greenwood Lane; Liefer Road; Gatlin Road; and, Pala Vista, A total of 1,546 miles of roads are serviced and maintained in this area. . Rate Level R-2 - This rate level consists of thirty-four (34) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of Santiago Road. A total of 0.36 miles of roads are serviced and maintained in this area. III. CHANGES TO THE DISTRICT Changes or modifications to the District structure, if any, could include, but are not limited to: changes or expansion in the existing improvements or in the types of services provided; addition of new services or Service Levels; restructuring of the current Service Levels; inclusion of parcels into the District or Service Levels; or revisions in the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. MuniFinancial Page 9 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 A. Notable Modifications to the District (i) On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. . Community Services, Parks, and Recreation - that provided for the maintenance, service and operation of all public parks and recreation services within the City. . Service Level A, Arterial Street Lighting and Medians - that provided servicing, operation, and maintenance of traffic signals, street lighting and landscaped medians along arterial streets. Beginning in Fiscal Year 1997/1998 these two Service Levels were replaced by the Special Tax and are no longer charged through the District. (ii) Effective June 30, 2005, the Redhawk Community will be annexed as part of the City of Temecula, Beginning in Fiscal Year 2005/2006 the Redhawk Community will be charged for Service Level B; Service Level D and the Special Park Tax. B. Proposed Modifications of the District for Fiscal Year 2005/2006 The most notable modification to the District for Fiscal Year 2005/2006 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District accepts additional improvements for maintenance and servicing, Along with acceptance of the improvements, the parcels within those tracts are included in the appropriate Service Levels. The improvements and services for Service Levels Band C are typically tract or development specific and therefore, all parcels within a tract or development are included in these two Service Levels when the District accepts the improvements, Additionally, individual residential parcels are included in Service Level D when a new single family residential unit is identified and service is ordered. Service Level B On January 13, 2004, the District Board of Directors approved by Resolution No. CSD 04-02, the adoption of Service Level B rates arid charges within the Redhawk Annexation Area. The total number of assessable parcels to be included as part of the annexation is 2,995 residential lots. MuniFinancial Page 10 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 Other inclusions to Service Level B (Residential Street Lighting) include 1,425 additional residential lots for Fiscal Year 2005/2006. The following tracts are the new developments for Fiscal Year 2005/2006: Develooment Tract Number 26828-00 26828-01 26828-02 Wolf Creek Development 29798-00 29798,01 29798,02 29798-03 29798-04 29798-05 29798-06 29798,07 29798-08 29798-09 29798-10 Total Number of Lots 50 35 45 130 76 65 53 75 44 56 45 52 48 47 68 629 43 36 35 57 29 31 42 67 51 77 69 38 37 54 666 Avondale Homes Subtotal Subtotal Harveston Development 30667-00 30667-01 30667,02 30667-03 30668,00 30668-01 30668-02 30669-00 30669-01 30669,02 31053-00 31053-01 31053,02 31053-03 Subtotal Redhawk Mulitple Tracts 2,995 Total 4,420 The number of units for each of the tracts referenced for inclusion in Service Level B represents the total number of residential parcels and lots within that tract. Although these tracts have been fully subdivided or a tract map has been approved, in some cases, the actual Assessor's Parcel Numbers (APN's) for each of the individual residential parcels may not have been established by the County Assessor's Office. In such cases, the APN's currently recognized by the County are assigned and charged for the number of residential lots associated with each parcel within the tract. The new APN's for each of the individual residential parcels and lots are expected to be established by the time the levy is submitted to the County, but if not, the existing APN's will be charged based on the number of residential lots associated with each APN. MuniFinancial Page 11 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 Service Level C There are a total of 14 tracts for a total of 666 assessable parcels added to Service Level C (Perimeter Landscaping), for FY 2005/2006, for the Subzone C-10 (Harveston Development). The project areas were under construction during FY 2004/2005. Maintenance of the perimeter landscaping and slopes has been accepted by Temecula Community Services Department. Subzone C-11 (Tradition/Gallery Homes) will potentially be annexed into the District. The project area was under construction during FY 2004/2005, Maintenance of the perimeter landscaping and slopes may be accepted by Temecula Community Services District. The estimated completion of construction is scheduled June of 2005. The new subzone will be levied for the first time in FY 2005/2006. Subzone C.11 has 8 assessable parcels. Service Level D A total of 3,403 newly developed single family residential parcels have been identified and added to Service Level D (Refuse/Recycling) for Fiscal Year 2005/2006. There were 836 new single family residential parcels identified this year and included in Service Level D based on the waste hauler's updated service records for new residential parcels within the City of Temecula's current city limits. Geographical Information Services (GIS) identified 2,567 residential parcels within the Redhawk annexation area that were added to this Service Level. An increase is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling) to $192.48 per residential parcel beginning Fiscal Year 2005/2006. For Fiscal Year 2004/2005, the rate and charge for this Service Level was $180.70. Due to a contractual agreement with the waste hauler the rate will increase by $4.65 per parcel. A potential increase to the Riverside County Landfill tipping fees, based on the annual percentage increase in the Consumer Price Index ("CPI") as determined by the Bureau of Labor Statistics for all urban consumers for the Los Angeles, Orange, and Riverside Area for the calendar year may result in an additional $1,57 rate increase. This portion of the rate increase will only be levied if Riverside County actually increases the tipping fee for FY 2005/2006. The balance of the increase is $5.56, which covers City operational expenses for a new annual rate of $192.48 per residential parcel. For more information, please refer to the section titled "District Budgets." The costs for the District represent actual service costs, as provided in the City's franchise agreement with the contracted waste hauler ("CR&R"). Service Level R There are no new inclusions to Service Level R (Road Maintenance), proposed for the current fiscal year. MuniFinancial Page 12 Ternecula Cornmunity Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 IV. DISTRICT BUDGETS The Tables on the next two (2) pages show the District budget for Fiscal Year 2005/2006. FISCAL YEAR 2005/2006 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2006 Accl. Level B LevelC Level D Level R Total Budget Items No. 192 193 194 195 District PERSONNEL SERVICES $5,585 $263,606 $42,925 $0 $312,116 Subtotal $5,585 $263,606 $42,925 $0 $312,116 OPERA TIONS MA/NTENANCE Repair & Maintenance Facilities 5212 $0 $46,000 $0 $0 $46,000 Office Supplies 5220 200 0 0 0 200 Printing 5222 0 0 11,000 0 11,000 Election Costs (Offset by Developer Deposits) 5225 1,000 500 0 0 1,500 Dues and Memberships 5226 0 0 5,000 0 5,000 Postage and Packaging 5230 1,000 0 0 0 1,000 Property Tax Administrative Fees 5231 12,000 12,000 12,400 100 36,500 Utilities 5240 0 290,000 0 0 290,000 Small Tools and Equipment 5242 0 0 8,200 0 8,200 Consulting Services 5248 0 30,000 0 0 30,000 Other Outside Services 5250 0 0 5,000 0 5,000 Public Notices 5256 6,000 3,900 7,000 0 16,900 Miieage 5262 0 0 200 0 200 Recognition Program 5265 0 0 1,600 0 1,600 Subtotal (5200Sl $20,200 $382,400 $50,400 $100 $453,100 MuniFinancial Page 13 Ternecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 FISCAL YEAR 2005/2006 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2006 Accl. Level B Level C Level D Level R Total Budget Items No. 192 193 194 195 District OPERA TIONS MAINTENANCE Waste Hauling 5315 $0 $0 $4,327,415 $0 $4,327,415 Street Lighting 5319 648,000 0 0 0 648,000 Subtotal (5300s) $648,000 $0 $4,327,415 $0 $4,975,415 Emergency Road Maintenance 5402 $0 $0 $0 $12,100 $12,100 Landscape Maintenance 5415 0 680,000 0 0 680,000 Landscape Rehabilitation 5416 0 130,000 0 0 130,000 Subtotal (5400s) $0 $810,000 $0 $12,100 $822,100 Capital Outlay $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL DIRECT DISTRICT COSTS $673,785 $1,456,006 $4,420,740 $12,200 $6,562,731 EXPENDITURES/REVENUES Contingency Tip Fees $0 $0 $36,653 $0 $36,653 Contingency Expenses 0 0 63,745 0 63,745 Total Direct District Costs 673,785 1,456,006 4,420,740 12,200 6,562,731 TOTAL EXPENDITURES/REVENUES $673,785 $1,456,006 $4,521,138 $12,200 $6,663,129 CONTRIBUTiONS Contributions from Fund Revenue Sources $0 $0 $0 $0 $0 Contributions from Other Revenue Sources 22,770 35,120 27,500 725 86,115 Contributions from the General Fund 0 0 0 0 0 Fund Balance Contributions 55,855 151,550 0 2,105 209,510 TOTAL CONTRIBUTIONS $78,625 $186,670 $27,500 $2,830 $295,625 Balance to Levv (Budaeted) $595,160 $1,269,336 $4,493,638 $9,370 $6,367,504 MuniFinancial Page 14 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 V. METHOD OF APPORTIONMENT As in past years, the cost to provide services within the District will be fairly distributed among each eligible property. Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slopes); and Service Level 0 (Refuse/Recycling): The following is the formula used to calculate each property's District charges by the per parcel (residential "lot") method, Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads): The Charge Per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy I Total Parcel PDU (in rate Level) = Parcel Charge The following tables reflect the levy calculations for each Service Level. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL B Property Type Single Family Residential Lot Vacant Residential Lot Parcel/Unit X 1.00 1.00 Charge per Parcel $25.68 $25,68 Parcel = Charge $25.68 $25.68 Multiplier Per Parcel Per Parcel MuniFinancial Page 15 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL C Charge per Parcel Property Type and Zone Parcel/Unit X Parcel = Charge Multiplier Residential Lot C-1 1.00 $46,00 $46.00 Per Parcel Residential Lot C-2 1.00 $89.00 $89,00 Per Parcel Residential Lot C-3 1,00 $116,00 $116.00 Per Parcel Residential Lot C-4 1.00 $175.00 $175,00 Per Parcel Residential Lot C-5 1.00 $70.00 $70.00 Per Parcel Residential Lot C-6 1.00 $225,00 $225.00 Per Parcel Residential Lot C-7 1.00 $129.00 $129.00 Per Parcel Residential Lot C-8 1.00 $20.00 $20.00 Per Parcel Residential Lot C-9 1.00 $200.00 $200.00 Per Parcel Residential Lot C-10 1,00 $100.00 $100.00 Per Parcel Residential Lot C-11 1.00 $270.00 $270.00 Per Parcel PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL D Sin Parcel/Unit X 1.00 Charge per Parcel = $192.48 Parcel Char e $192.48 Multi lier Per Parcel * Developed residential parcel identified by CR&R for which refuse collections are available. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL R Charge per Parcel T e and Zone Parcel/Unit X Unit = Char e 1.00 $115.26 $115.26 0.50 $115,26 $57,64 1.00 $95.86 $95.86 0.50 $95.86 $47.94 MuniFinancial Page 16 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2005/2006 Appendix A - 2005/2006 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor's map for the year in which this report is prepared. A listing of parcels within this District, along with the charges, has been submitted to the City Clerk and, by reference, is made part of this report. MuniFinancial Page 17 Attachment 3 Temecula Community Services District Fiscal Year 2005-2006 (July 1, 2005-June 30,2006) Levy and Collection of Rates and Charges NOTICE OF PUBLIC HEARING The Temecula Comrnunity Services District (TCSD) provides street lighting, perimeter landscaping, slope maintenance, unpaved road maintenance, and refuse/recycling collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council serves as the Board of Directors of the TCSD. NOTICE IS HEREBY GIVEN that on Tuesday, June 28, 2005 at 7:00 p.m., or as soon thereafter as practicable, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, the Board of Directors of the Temecula Community Services District (the "TCSD") will hold a public hearing on the levy and collection of rates and charges for the operation and administration of the refuse collection and recycling prograrn within the TCSD on the property tax rolls for Fiscal Year 2005-2006. SUMMARY OF PROPOSED SERVICES FOR FY 2005-2006 Property owners In the City of Temecula only pay for the services used or made available to their property. Attached to this notice, and incorporated herein, is a page summarizing the rates and charges applicable to your parcel. All rates and charges are levied on an annual basis and collected along with property taxes. The services provided by TCSD are divided into four Service Levels: 1. Service Level B - Residential Street LiClhtinCl. Operation, maintenance, utility costs and administration of residential streetlights. The rates for this Service Level are not proposed to increase from Fisca/ Year 2004- 2005. 2. Service Level C - Perimeter LandscapinCl. Operation, maintenance, utility costs, irnprovements, and administration of all perimeter landscaping and slope maintenance areas maintained by TCSD. The rates for this Service Level are not proposed to increase from Fiscal Year 2004-2005. 3, Service Level 0 - Refuse Collection/RecvclinCl. Operation and administration of the refuse and recycling program for all single family residential homes. The rates for the Service Level are proposed to increase to $192.48 per parcel from the Fisca/ Year 2004-2005 rate of $180.70. This represents an $11.78 increase to cover the increased costs of providing services in this Service Leve/. 4. Service Level R - Road Maintenance. Operation and administration of certain unpaved streets and roads maintained by the City. The rates for this Service Leve/ are not proposed to increase from Fisca/ Year 2004- 2005. PROPOSED RATES AND CHARGES FOR FY 2005-2006 TCSD rates and charges are based on the written report prepared in connection with the rates and charges for Fiscal Year 2005-2006 (the "Reporf'), which is on file with the District Secretary. A copy of the Report is available for public inspection at City Hall, 43200 Business Park Drive, Temecula, California, Monday through Friday from 8:00 a.m. to 5:00 p.m. INFORMATION ABOUT THE RATE AND CHARGE CHANGES FOR FY 2005-2006 - Service Level D An increase is proposed to the annual rate and charge for Service Level 0 (Refuse Collection/Recycling) to $192.48 per residential parcel beginning Fiscal Year 2005,2006. For Fiscal Year 2004,2005, the rate and charge for this Service Level was $180.70. Due to a contractual agreement with the waste hauler, the base rate can change based on two factors. The first factor is based on the Consumer Price Index (CPI) from the previous calendar year which, for 2004 was 33%. The second factor is based on Riverside County Landfill tip fees changes. At this time, it is not known if Riverside County will increase this fee, therefore an estimated increase based on CPI would increase the rate an additional $1,57. This portion of the rate increase will only be levied if Riverside County actually increases the tipping fee for FY 2005-2006. The balance of the increase is $5.56, which covers City operational expenses for a new annual rate of $192.48 per residential parcel. RATES AND CHARGES APPEAL PROCESS Any property owner subject to the rates and charges who wants a review of the classification or application of the rate or charge to the owne~s property, or alleges that an error has been made with respect to the application of the rate or charge to the property, rnust file with the District Secretary a written appeal in accordance with District regulations prior to 5:00 p.m. on December 1, 2005. Any property owner subject to a rate and charge who believes that payment of all or a portion of the rate and charge would create a hardship for such property owner during fiscal year 2005-2006 must file with the District Secretary a written hardship appeal in accordance with District regulations prior to 5:00 p.m. on December 1, 2005, in order to be considered under the hardship appeal program. Appeal forms are available at City Hall. TCSD BUDGET FOR FISCAL YEAR 2005-2006 (Julv 1. 2005 to June 30,2006) The proposed budget for the TCSD for Fiscal Year 2005-2006 is as follows: Service Level B Service Level C Service Level D Service Level R TOTAL: $ 673,300 1,441,853 4,524,138 12,200 $ 6,651,491 PUBLIC HEARING At the Public Hearing scheduled for June 28, 2005 at 7:00 pm, or as soon thereafter as practicable, the Board of Directors will review and consider any written protest received in person by the District Secretary at City Hall, 43200 Business Park Drive, Temecula, California, or by mail, at P.O. Box 9033, Temecula, California, 92589-9033, prior to the scheduled hearing. The Board will also listen to public comments by all interested individuals concerning the TCSD proposed rates and charges for FY 2005-2006. QUESTIONS AND INQUIRIES If you have any questions regarding the rates and charges, please don't hesitate to contact the Temecula Community Services District at (951) 694-6480. If a staff member is not available, every effort will be made to return your phone call as quickly as possible. The Temecula Community Services District is located at City Hall, 43200 Business Park Drive, Temecula, California. The rnailing address is P.O. Box 9033, Ternecula, CA, 92589- 9033. Thank you for taking the time to review this information and we are looking forward to serving you. Information is also available on the City's website located at www.citvoftemecula.oro. Please Note: The Riverside County Assessor's Office provided the Property/Ownership information within this notice. If this information is incorrect please contact the Assessor's Office at: Riverside County Assessor P.O. Box 12004 Riverside, CA 92502 or (951) 955-6200 Or visit their website at: www.co.riverside.ca.us or www,treasurer-tax.co.riverside,ca.us ITEM 4 APPROVA CITY ATTORNEY .:uJ. FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT DATE: Board of Directors Herman D. Parker, Director of Community servi~ May 24, 2005 TO: FROM: SUBJECT: Redhawk Annexation Median Maintenance RECOMMENDATION: That the Board of Directors approve the agreement between the City of Ternecula Community Services District (TCSD) and the Redhawk Homeowner's Association (HOA) for reimbursement of utility costs associated with irrigation of landscaped medians in the Redhawk community. BACKGROUND: Upon annexation of the Redhawk area the City will inherit 17 landscaped medians. These medians provide enhanced aestetics within the Redhawk community and an attractive streetscape. There are approximately nine (9) utility meters that provide irrigation to these median areas. These nine (9) meters also provide irrigation to surrounding slope areas and perimeter landscaped areas that will no be the responsibility of the TCSD. These perimeter landscaped areas and slopes will be the responsibility of the Redhawk HOA after annexation occurs, As a result, it is necessary to provide an agreement that will reimburse the HOA for utility costs associated with the medians, until such time as separate City utility meters can be installed on the median areas. The attached agreement will enable the City to make an annual payment to the Redhawk HOA in a maximum amount of $3,640 to cover utility costs associated with 91,000 square feet of landscaped medians, The City will provide this payment to the Redhawk HOA until the City has installed utility meters on the 17 median areas with the Redhawk HOA. We anticipate the installation of all the meters being completed within 12 months of annexation, however the agreement allows a period of five (5) years to complete this task. The agreement may be terminated by either party upon 30 days written notice, FISCAL IMPACT: The TCSD has budgeted $3,640 to reimburse the Redhawk HOA for utility costs during the first year of annexation. Installation of the meters on these slope areas is estimated at approximately $60,000, These funds are included in the proposed FY2005-2006 Operating Budget. The funds for the installation of landscape meters is off-set by park fees the TCSD will be receiving from CSA143 upon annexation. R:\ZIGLERGIREPORTl052405 BOD Redhawk Annexation.doc REDHAWK ANNEXATION (MEDIAN MAINTENANCE UTILITY REIMBURSEMENT AGREEMENT) BETWEEN THE CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT AND THE REDHA WK HOME OWNER'S ASSOCIATION THIS MEDIAN MAINTENANCE UTILITY REIMBURSEMENT AGREEMENT ("Agreement") is dated as of May 24, 2005 by and between the Temecula Community Services District ("District") and the Redhawk Home Owner's Association ("Redhawk HOA"). In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each Party hereto acknowledges as true and correct: a. The Local Agency Formation Commission ofthe County of Riverside ("LAFCO") approved LAFCO No. 2003-26-3 on November 20,2003, making determinations and approving the proposed reorganization designated including concurrent annexations to the City of Temecula and the Temecula Community Services District and concurrent detachments from the Riverside County Waste Resources Management District, County Service Area 143 and County Service Areas 152 of territory generally known as the "Redhawk Annexation Area", which area includes the Redhawk Specific Plan Area and approximately 53 commercial acres in the Vail Ranch Specific Area, and which is more specifically described in Exhibit "A" attached to LAFCO No. 2003-26-3, a true and correct copy of which is attached as Exhibit "A" hereto and incorporated herein by this reference. b. In February 2003, approximately 700 residents of the Redhawk Specific Plan Area submitted a Petition to LAFCO requesting that the City of Temecula annex the Redhawk Annexation Area. The City Council of the City of Temecula, as the designated conducting authority, adopted Resolution No, 03-100 at its August 18, 2003 meeting, initiating the proceedings to annex the Redhawk Annexation Area to the City of Temecula and the Temecula Community Services Area and the detachment ofthose areas from the Riverside County Waste Resources Management District, County Service Area 143, and County Service Area 152 ("Annexation"). c. Pursuant to LAFCO No, 2003-26-3, the Annexation became final with the successful election of special rates and charges for park/median maintenance and refuse collection by two-thirds of the registered voters within the Redhawk Annexation Area that voted in the March 2, 2004 election, Pursuant to LAFCO No. 2003-26-3, the Annexation becomes effective on July 1,2005. d. Currently, the County, through County Service Area 143, provides for the maintenance of the landscaped medians in the Redhawk Annexation Area and the surrounding areas. R:\ZIGLERGIXAGREEMNIRedhawk Annexation Median Maintenance Agreement.DOC e, Upon the July I, 2005 effective date of the Annexation, the median areas will be in the jurisdiction of the District. Pursuant to the Annexation, the District will be responsible for the maintenance of the median areas. There are approximately 91,000 square feet oflandscaped median areas in the Redhawk Specific Plan Area. The median areas are shown on Exhibit "B" hereto, which is attached hereto and incorporated herein by this reference, f. The Redhawk HOA owns the meters and irrigation controls that provide irrigation to the median areas and the slope areas in the Redhawk Specific Plan Area. g. The District and Redhawk HOA acknowledge that because the meters and irrigation controllers that provide irrigation to the landscaped medians are owned by the Redhawk HOA, it is necessary to enter into this Agreement to address the reimbursement of utility costs associated with irrigation of the landscaped medians in the Redhawk Specific Plan Area until such time as the District installs its own meters and controllers in the median areas. 2. Maintenance ResDonsibilities. District shall maintain, at its sole cost and expense, the landscape median areas in the Redhawk Specific Plan Area. a. For the purposes ofthis Agreement, the terms "maintain" shall mean (i) mowing, trimming, pruning, preserving, irrigating, fertilizing and otherwise preserving the vegetation and trees within the median areas; (ii) cleaning, servicing, repairing and replacing the irrigation equipment, monuments or other hardscape features, if any, installed within the median areas; (iii) removing trash and debris from the median areas; and (iv) payment of all utilities, including, but not limited to, water and electricity, for the median areas. b. The District shall maintain the median areas in a manner consistent with the maintenance of other medians maintained by the District. c. There are approximately 91,000 square feet oflandscape median areas in the Redhawk Specific Plan Area. d. Redhawk HOA hereby covenants to provide to the District access to the controllers located in the public right of way that provide irrigation to the landscape medians to ensure that the District can perform its maintenance obligations under this Agreement. e. The District's utility costs of providing irrigation to median areas it maintains, including electric and water costs, is $0.04 per square foot of landscape area. Based on these utility costs, the District agrees to reimburse the Redhawk HOA the sum of $3,640.00 on an annual basis until such time as the District completes the installation of its own meters and controllers in the landscape median areas in the Redhawk Specific R:\ZIGLERGIXAGREEMNIRedhawk Annexation Median Maintenance Agreernent.DOC Plan Area. The District shall pay to Redhawk HOA the sum of $3,640.00 on February 1 of each calendar year representing the utility payments for the 91,000 square foot total landscaped median areas from July 1 of the previous year to June 30 of that calendar year. The Parties agree, however, that when the District installs its own controllers and meters in the median areas, the square footage of these median areas will be deducted from the total 91,000 square foot median areas for purposes of calculating the appropriate utility reimbursement payment for that year. The District shall provide notice to Redhawk HOA within thirty (30) days of installation of the meters and controllers so that the Parties can deduct these areas from the total 91,000 square foot median areas and prorate the utility costs of the remaining median areas for the months remaining in that year. f. The District agrees to coordinate its efforts to install its own meters and controllers in the landscape median areas with Redhawk HOA's landscape maintenance contractors. g. The District agrees to complete the installation of its new meters and controllers in the median areas by July 1,2010. 3. Term. The term ofthis Agreement shall be five (5) years from the July I, 2005 effective date of the Annexation, unless sooner terminated as provided in this Agreement. 4. Indemnification. a. Redhawk HOA agrees to defend, indemnify, protect and hold hannless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the Redhawk HOA, 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 the Redhawk HOA's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the District. b. District agrees to defend, indemnifY, protect and hold hannless the Redhawk HOA, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the District, 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 the District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Property, excepting only liability arising out of the negligence of the Redhawk HOA. S. Defaults and Remedies. R:\ZIGLERGIXAGREEMN\Redhawk Annexation Median Maintenance Agreement.DOC a. Subject to the extensions of time set approved in writing by a Party, failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement. A Party claiming a default (claimant) shall give written notice of default to the other Party, specifying the default complained of. b. The claimant shall not institute proceedings against the other Party nor be entitled to damages if the other Party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or. delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting Party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. d. Any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. e. If a default is not fully cured by the defaulting Party as provided in this Paragraph, the defaulting Party shall be liable to the other Party for any damages caused by such default, and the non-defaulting Party may thereafter (but not before) commence an action for damages against the defaulting Party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting Party as provided in this Paragraph, the non-defaulting Party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event 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 incurred in the action. 6. Termination of Al!reement. Either Party may terminate this Agreement, for any reason, as provided in this section. Termination shall be initiated by written notice to the other Party delivered on or before March 1 with the termination to take effect on June 30 of that year. R:\ZIGLERGIXAGREEMN\Redhawk Annexation Median Maintenance Agreement.DOC 7. Force Maieure. Except as otherwise expressly provided in this AgreemeQt, if the performance of any act required by this Agreement to be performed by either District or Redhawk HOA is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a Party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition ofthe Party required to perform the act. 8. Notices to Parties. Written notices, demands and communications among the District and Redhawk HOA, shall be sufficiently given by 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: District: Temecula Community Services District 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Director of Community Services Redhawk HOA: Avalon Management 29379 Rancho California Road #206 Temecula, California 92591 Attention: John Ellett 9. Ae:reement Bindine: on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the Parties hereto. 10. Assie:nment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other Party, which consent shall not be unreasonably withheld; provided however that either Party may assign this Agreement to a related public entity without the consent of the other. 11. Sole and Onlv Ae:reement. This Agreement constitutes the sole and only agreement between District and Redhawk HOA respecting the matters contained herein. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. R:\ZIGLERGIXAGREEMNIRedhawk Annexation Median Maintenance Agreement.DOC 12. Exhibits. The following Exhibits are attached hereto and incorporated herein as though set forth in full: Exhibit "A" Exhibit "A" to LAFCO No. 2003-26-3 Exhibit "B" Diagram Depicting Landscape Median Areas in Redhawk Specific Plan Area 13. Authority to Execute. Each signator hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of the signator's respective and warrants and represents that he or she has the authority to bind his or her Party to the performance of its obligations hereunder. R:\ZIGLERGIXAGREEMN\Redhawk Annexation Median Maintenance Agreement.DOC IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the Parties hereto. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington President Attest: By: Susan Jones, CMC City Clerk Approved as to form: By: Peter M. Thorson City Attorney REDHA WK HOME OWNERS ASSOCIATION By: Title: By: Title: R:\ZIGLERGIXAGREEMN\Redhawk Annexation Median Maintenance Agreement.DOC '. '. LAFCO 2003-26-3 EXHIBIT "A" REORGANIZATION TO INCLUDE ANNEXATION OF REDHA WK TO THE CITY OF TEMECULA AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREAS 143 & 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO 2003-26-3 That certain parcel of land situated in the unincorporated territory of the County of Riverside, State of California, described as follows: COMMENCING at an angle point on the existing City of Temecula boundary as described in a document recorded December 9, 1994 as Instrument No. 461244, Official Records of said County hereinafter referred to as LAFCO No. 88-70-1, said point being the intersection of the southeasterly right-of-way of State Highway 79 (142.00 feet wide) and the centerline of Butterfield Stage Road (100 feet wide) as shown by Tract No. 23172, on file in Book 251 of Maps at Pages 94 through 99 inclusive, records of said County; Thence hereafter along said City of Temecula boundary and the centerline of said Butterfield Stage Road, South 22057'33" East, a distance of 1,016.04 feet (recorded in LAFCO No. 88-70-1 as North 22056'22" West, a distance of 1,016.04 feet) also being the northwest comer of Parcel Map 24387 as shown by map on file in Book 164 of Parcel Maps at Pages 5 through 20 thereof, records of Riverside County and the beginning of a non-tangent curve, concave southerly and having a radius of 3,000.00 feet, a radial line to said beginning bears North 9046'23" West, said point also being the TRUE POINT OF BEGINNING; Thence easterly along said curve and northerly boundary of said Parcel Map 24387, through a central angle of 1024'19", an arc distance of 73.58 feet (recorded in LAFCO No, 88-70-1 as a central angle of 1024'38", and an arc distance of 73.86 feet); Thence continuing along the northerly line of said Parcel Map 24387 North 81037'56" East, a distance of 738.45 feet (recorded in LAFCO No. 88-70-1 as South 81039'22" West, a distance of 737:32 feet); Thence leaving said City of Temecula boundary and continuing along the northerly boundary of Parcel Map 24387 North 81037'56" East, a distance of 1,758.87 feet to the beginning of a tangent curve concave northwesterly and having a radius of 4,200.00 feet; Thence continuing along the northerly boundary of said Parcel Map 24387, northeasterly along said curve, through a central angle of 10054'38", an arc distance of 799.79 feet; Page 1 ofl4 '. '. EXlDBIT "A" (continued) LAFCO 2003-26-3 Thence continuing along the northerly boundary of said Parcel Map 24387 North 70043'18" East, a distance 00,539.21 feet to the centerline of Anza Road and the beginning of a non-tangent curve concave northeasterly and having a radius of 1,200.00 feet, a radial line to said beginning bears South 82035'43" West; Thence continuing along the boundary of said Parcel Map 24387, southeasterly along said curve, also being the centerline of Anza Road, through a central angle of16"29'04", an arc distance of 345.25 feet; Thence continuing along the boundary of said Parcel Map 24387, also being the centerline of Anza Road, South 23053'21" East, a distance of 140.16 feet to the most easterly comer of Parcel 18 as shown by said Parcel Map 24387; Thence leaving the centerline of Anza Road, along the southerly line of said Parcel 18 South 71011'03" West, a distance of 3,092.94 feet; Thence continuing along the boundary of said Parcel Map 24387 South 11007'17" East, a distance of 1,273.78 feet to the most easterly corner of Parcel 14 as shown by said Parcel Map 24387; Thence along the southeasterly boundary of said Parcel 14 South 7J058'24" West, a distance of 1,051.49 feet; Thence continuing along the boundary of said Parcel Map 24387 South 50032'59" West, a distance of 582.84 feet; Thence continuing along the boundary of said Parcel Map 24387 South 39052'38" West, a distance of2,189.71 feet; Thence continuing along the boundary of said Parcel Map 24387 South 29037'22" East, a distance of 1,305.54 feet; Thence continuing along the boundary of said Parcel Map 24387 South 73010'23" West, a distance of 449.26 feet; Thence continuing along the boundary of said Parcel Map 24387 South 43057'13" West, a distance of 773.17 feet to the intersection of the southwesterly line ofPauba Rancho as shown by said Parcel Map 24387; Thence along said Pauba Rancho line and the boundary of said Parcel Map 24387 North 46046'24" West, a distance of210.00 feet to the intersection of the southerly line of Little Temecula Rancho as shown by said Parcel Map-24387; Thence along said southerly line of Little Temecula Rancho and the boundary of said Parcel Map 24387 South 53006'24" West, a distance of 68.13 feet; Page 2 of 14 " EXlDBIT "A" (continued) LAFCO 2003-26-3 Thence continuing along the boundary of said Parcel Map 24387 South 0053'12" West, a distance of 1,143.59 feet to the southeast comer of Parcel II as shown by said Parcel Map 24387, said southeast comer also being the intersection of the centerline of Wool pert Lane and the southerly line of said of Parcel II; Thence along the southerly line of said Parcel II North 88020'45" West, a distance of 1,450.44 feet to the intersection of the southerly line of Little Temecula Rancho as shown by said Parcel Map 24387; Thence along said southerly line of Little Temecula Rancho and the boundary of said Parcel Map 24387 South 53006'24" West, a distance of 1,510.57 feet; Thence leaving said Little Temecula Rancho line and continuing along the boundary of said Parcel Map 24387 South 0014'33" East, a distance of 1,684.12 feet; Thence continuing along the boundary of said Parcel Map 24387 South 88021'31" East, a distance of 393.97 feet to a point on the centerline of Anza Road; Thence continuing along the boundary of said Parcel Map 24387 and said centerline of Anza Road South 88021'31" East, a distance of530.73 feet; Thence leaving the centerline of said Anza Road and continuing along the boundary of said Parcel Map 24387 South 88021'31" East, a distance of 372.65 feet to the northeast comer ofParce124 as shown by said Parcel Map 24387; Thence along the easterly line of said Parcel 24 South 1013'00" East, a distance of 1,278.36 feet to the southeast comer thereof; Thence along the southerly line of said Parcel 24 North 89035'41" West, a distance of 1 ,315.76 feet; Thence continuing along the boundary of said Parcel Map 24387 South 0020'15" East, a distance of 1,306.96 feet to the southeast comer of Parcel 23 as shown by said Parcel Map 24387; Thence along the southerly line of said Parcel 23 North 89024'49" West, a distance of 1,319.25 feet to the most northeast comer of Parcel 25 as shown by said Parcel Map 24387; Thence along the easterly line of said Parcel 25 of said Parcel Map 24387 South 0039'20" West, a distance of 1,335.55 feet to the southeast comer thereof; Thence along the most southerly line of said Parcel 25 and the westerly prolongation thereof North 89048'50" West, a distance of 1,993.66 feet to a comer of said Parcel Map 24387; Page 3 of 14 '. '. EXHIBIT "A" (continued) LAFCO 2003-26-3 Thence leaving the boundary of said Parcel Map 24387 and continuing North 89048'50" West, a distance of 41.16 feet to the intersection of the centerline of Pala Road; Thence along the centerline of said Pala Road as shown by said Parcel Map 24387 North 43001'34" West, a distance of 520.55 feet; Thence continuing along the centerline of Pala Road as shown by said Parcel Map 24387 North 44049'36" West, a distance 372.50 feet to a point on the . centerline of Deer Hollow Way, said point also described by document referred to herein as LAFCO No. 88-70-1 as the southwesterly end of Course No. 82; Hereafter, the following courses are described to follow the boundary of the City of Temecula as described by said document referred to herein as LAFCO No. 88- 70-1: Thence along the centerline of Deer Hollow Way also being the . boundary of said Parcel Map 24387 North 42023'18" East, a distance of 2,254.53 feet (recorded in LAFCO No. 88-70-1 as South 42023'59" West, a distance of 2,254.57 feet) to the most southerly comer of Parcel 27 as shown by said Parcel Map 24387; Thence continuing along the boundary of said Parcel Map 24387 North 24050'41" West, a distance of 832.36 feet (recorded in LAFCO No. 88- 70-1 as South 24049'53" East, a distance of 832.36 feet); Thence continuing along the boundary of said Parcel Map 24387 North 30048'15" West, a distance of 1,705.39 feet (recorded in LAFCO No. 88- 70-1 as South 30047'27" East, a distance of 1,705.39 feet); Thence continuing along the boundary of said Parcel Map 24387 North 61002'24" West, a distance of 448.25 feet to the most westerly comer of said Parcel Map 24387, said comer also being the most southerly comer of Tract No. 23063-5 as shown by map on file in Book 221 of Maps at pages 21 through 29, records of said Riverside County; Thence continuing North 61002'24" West along the boundary line of said Tract No. 23063-5, a distance of 169.00 feet (the sum of the previous 2 courses was recorded in LAFCO No. 88-70-1 as South 6100 I '36" East, a distance of 617.25 feet); Thence continuing along the boundary line of said Tract No. 23063-5 North 45033'18" West, a distance of 711.38 feet (recorded in LAFCO No. 88-70-1 as South 45032'22" East, a distance of 71 1.56 feet); Page 4 ofl4 EXIllBIT "A" (continued) LAFCO 2003-26-3 1)1ence continuing along the boundary line of said Tract No. 23063-5 North 45048'11" East, a distance of 415.51 feet to the southwesterly boundary line of Tract No. 23063-4 as shown by map on file in Book 221 of Maps at Pages 12 through 20 thereof, records of said Riverside County (recorded in LAFCO No. 88-70-1 as South 45048'16" West, a distance of 415.45 feet); Thence North 41021'23" West along the boundary of said Tract No. 23063-4, a distance of 442.13 feet (recorded in LAFCO No. 88-70-1 as South 41019'56" East, a distance of 442.14 feet); Thence continuing along the boundary of said Tract No. 23063-4 South 45058'28" West, a distance of 416.34 feet (recorded in LAFCO No. 88- 70-1 as North 45058'31" East, a distance of 416.34 feet); Thence continuing along the boundary of said Tract No. 23063-4 North 35027'12" West, a distance of 710.25 feet (recorded in LAFCO No. 88- 70-1 as South 35026'16" East, a distance of 709.90 feet) to a point on the centerline of Wolf Valley Road, said point also being the most southerly comer of Tract 23063-3 on file in Book 220 of Maps at Pages 40 through 56 thereof, records of said Riverside County; Thence along the boundary of said Tract No. 23063-3 North 35027'12" West, a distance of 88.47 feet (this course was not described in LAFCO No. 88-70-1); Thence continuing along the boundary of said Tract No. 23063-3 North 53034'28" West, a distance of 726.59 feet (recorded in LAFCO No. 88- 70-1 as South 53033'32" East, a distance of 726.59 feet); Thence continuing along the boundary of said Tract No. 23063-3 North 65016'26" West, a distance of 955.73 feet (recorded in LAFCO No. 88- 70-1 as South 65015'30" East, a distance of 634.63 feet and South 65015'30" East, a distance of 321.10 feet); Thence continuing along the boundary of said Tract No. 23063-3 North 4018'10 East, a distance of 173.65 feet (recorded in LAFCO No. 88-70-1 as South 4018'36" West, a distance of 173.52 feet) to the beginning ofa non-tangent curve, concave northerly, and having a radius of 1,200.00 feet (recorded in LAFCO No. 88-70-1 as 1,200.00 feet), a radial line to said beginning bears South 4018'10" West; Thence easterly continuing along the boundary of said Tract No. 23063-3 and said curve through a central angle of 7058'45", an arc distance of 167.12 feet (recorded in LAFCO No. 88-70-1 as westerly along the arc of said curve through a central angle of 7057'33", a distance of 166.70 feet); Page S of14 EXHIBIT "A" (continued) LAFCO 2003-26-3 Thence continuing along the boundary of said Tract No. 23063-3 North 86019'25" Bast, a distance of 119.99 feet (recorded in LAFCO No. 88- 70-1 as South 86"20'45" West, a distance of 120,05 feet); Thence continuing along the boundary of said Tract No. 23063-3 North 37024'25" Bast, a distance of 300.15 feet (recorded in LAFCO No. 88- 70-1 as South 37027'00" West, a distance of300.09 feet); Thence continuing along the boundary of said Tract No. 23063-3 North 40004'56" West, a distance of 28.05 feet to the comer of Tract No. 23063-2 as shown by map on file in Book 220 of Maps at Pages 30 through 39 thereof, records of said Riverside County; Thence along the boundary of said Tract No. 23063-2 North 40004'56" West, a distance of 411.25 feet (recorded in LAFCO No. 88-70-1 as the sum of the previous 2 courses being South 40003'40" Bast, a distance of 439.27 feet); Thence continuing along the boundary of said Tract No. 23063-2 North 21013'17" Bast, a distance of 171.28 feet (recorded in LAFCO No. 88- 70-1 as South 21017'35" West, a distance of 171.27 feet); Thence continuing along the boundary of said Tract No. 23063-2 North 20023'03" Bast, a distance of 286.33 feet (recorded in LAFCO No. 88- 70-1 as South 20022'30" West, a distance of286.32 feet); Thence continuing along the boundary of said Tract No. 23063-2 North 61043'07" Bast, a distance of 216.05 feet (recorded in LAFCO No. 88- 70-1 as South 61044'20" West, a distance of216.03 feet) Thence continuing along the boundary of said Tract No. 23063-2 North 81033'01" Bast, a distance of 315.81 feet (recorded in LAFCO No. 88- 70-1 as South 81033'05" West, a distance of315.83 feet); Thence continuing along the boundary of said Tract No. 23063-2 South 84039'28" Bast, a distance of 208.85 feet (recorded in LAFCO No. 88- 70-1 as North 84037'55" West, a distance of208.85 feet); Thence continuing along the boundary of said Tract No. 23063-2 South 48039'10" Bast, a distance of 247.87 feet (recorded in LAFCO No. 88- 70-1 as North 48037'40" West, a distance of 247.90 feet); Thence continuing along the boundary of said Tract No. 23063-2 South 69039'18" Bast, a distance of 336.15 feet (recorded in LAFCO No. 88- 70-1 as North 69038'35" West, a distance of336.25 feet); Page 6 of 14 .' EXlDBIT "A" (continued) LAFCO 2003-26-3 Thence continuing along the boundary of said Tract No. 23063-2 North 70044'12" East, a distance of 452.93 feet (recorded in LAFCO No. 88- 70-1 as South 70045'05" West, a distance of 452.95 feet); Thence continuing along the boundary of said Tract No. 23063-2 South 67057'32" East, a distance of 532.15 feet (recorded in LAFCO No. 88- 70-1 as North 67056'54" West, a distance of 532.09 feet); Thence continuing along the boundary of said Tract No 23063-2 South 63029'28" East, a distance of 282.47 feet (recorded in LAFCO No. 88- 70-1 as North 63"29'11" West, a distance of 282.48 feet); Thence continuing along the boundary of said Tract No. 23063-2 and the easterly prolongation thereof North 83015'57" East, a distance of 724.10 feet (recorded in LAFCONo. 88-70-1 as South 83016'35" West, a distance of 724.11 feet) to the comer of Tract No. 23063-6 as shown by map on file in Book 222 of Maps at Pages 84 through 98 thereof, records of said Riverside County; Thence along the boundary of said Tract No. 23063-6 North 16040'07" West, a distance of 885.05 feet (recorded in LAFCO No. 88-70-1 as South 16038'12" East, a distance of 885.01 feet); Thence continuing along the boundary of said Tract 23063-6 South 56041'35" West, a distance of 654.72 feet (recorded in LAFCO No. 88- 70-1 as North 56042'21" East, a distance of 654.77 feet); Thence continuing along the boundary of said Tract 23063-6 North 74059'09" West, a distance of 578.70 feet (recorded in LAFCO No. 88- 70-1 as South 74058'19" East, a distance of 578.70 feet); Thence continuing along the boundary of said Tract 23063-6 North 53008'15" West, a distance of 36.74 feet to the most southerly comer of Tract No. 23063-1 as shown by map on file in Book 212 of Maps at Pages 49 through 58 thereof, records of said Riverside County; Thence along the boundary of said Tract 23063-1 North 53008'15" West, a distance of 110.10 feet (recorded in LAFCO No. 88-70-1 as the sum of the preceding 2 courses, South 53007'41" East, a distance of 146.84 feet); Thence continuing along the boundary of said Tract 23063-1 North 80054'34" West, a distance of 250.04 feet (recorded in LAFCO No. 88- 70-1 as South 80053'58" East, a distance of250.08 feet); Thence continuing along the boundary of said Tract 23063-1 South . 88"20'52" West, a distance of 193.02 feet (recorded in LAFCO No. 88- 70-1 as South 88021'44"East, a distance of 192.98 feet); Page 7 of 14 EXHIBIT "A" (continued) LAFCO 2003-26-3 Thence continuing along the boundary of said Tract 23063-1 North 70001'39" West, a distance of 199.56 feet (recorded in LAFCO No. 88- 70-1 as South 70001'17" East, a distance of 199.56 feet); Thence continuing along the boundary of said Tract 23063-1 North 86059'58" West, a distance of 141.49 feet (recorded in LAFCO No. 88- 70-1 as South 86059'50" East, a distance of 141.46 feet); Thence continuing along the boundary of said Tract 23063-1 North 0031'07" West, a distance 0005.00 feet to the southerly comer of Parcel I of Parcel Map 24332 as shown by map on file in Book 156 of Parcel Maps at Pages 98 through 103 thereof, records of said Riverside County; Thence continuing along the westerly line of said Parcel 1 North 0031'07" West, a distance of 263.08 feet (recorded in LAFCO No. 88-70- I as the sum of the preceding 2 course, South 0030'33" East, a distance of 568.12 feet); Thence continuing along the westerly line of said Parcel 1 North 21016'25" West, a distance of 858.96 feet (recorded in LAFCO 88-70-1 as South 21015'55" East, a distance of 859.04 feet); Thence continuing along the westerly line of said Parcel I South . 88017'35" East, a distance of 523.72 feet (recorded in LAFCO No. 88- 70-1 as North 88017'14" West, a distance of523.70 feet); Thence continuing along the westerly line of said Parcel I North 63050'16" East, a distance of 285.06 feet (recorded in LAFCO No. 88- 70-1 as South 63051'00" West, a distance of285.07 feet); Thence continuing along the westerly line of said Parcel I North 46030'39" West, a distance of 215.14 feet (recorded in LAFCO No. 88- 70-1 as South 46030'00" East, a distance of215.19 feet); Thence continuing along the westerly line of said Parcel I North 4004'38" West, a distance of 148.52 feet (recorded in LAFCO No. 88-70- I as South 4003'15" East, a distance of 148.41 feet); Thence continuing along the westerly line of said Parcel 1 North 50001'58" East, a distance 0060.94 feet to a non-tangent curve, concave northeasterly and having a radius of 1,200.00 feet (recorded in LAFCO No. 88-70-1 as having a radius of 1,200.00 feet), a radial line to said beginning bears South 40025'23" West, said curve also being the centerline of Redhawk Parkway (recorded in LAFCO No. 88-70-1 as South 50002'41" West, a distance of361.l3 feet); Page 8 of 14 , . EXlDBIT II A II (continued) LAFCO 2003-26-3 Thence northwesterly along said curve also being the centerline of Redhawk Parkway as shown by Parcel Map 27987-1 on file in Book 187 of Parcel Maps at Pages 93 through 98 thereof, records of said Riverside County, through a central angle of 22057'41", an arc distance of 480.90 feet to the southwesterly comer of Parcel 2 as described in a document recorded June II, 200 I as Instrument No. 2001-259872, Official Records of said County, hereinafter referred to as LAFCO No. 2000-10-1 said comer being on the existing City of T emecula boundary, a radial line at said comer bears North 63"23 '04" East; Hereafter, the following courses are described to follow the boundary of the City of Temecula described by said document referred to herein as LAFCONo.2000-10-1: Thence along the boundary of last mentioned Parcel 2 North 63023'04" East, a distance of 66.83 feet to a point on the easterly right~f-way line of said Redhawk Parkway (recorded in LAFCO No. 2000-10-1 as South 63023'04" West, a distance of 66.83 feet); Thence continuing along the boundary of last mentioned Parcel 2 North 73022'11" East, a distance of391.17 feet (recorded in LAFCO 2000-10-1 as South 73022'11" West, a distance of 180.00 feet and South 73022'11" West, a distance of211.17 feet) to the southeasterly corner thereof; Thence continuing along the boundary oflast mentioned Parcel 2 North 16037'49" West, a distance of 225.00 feet to the northeasterly corner thereof, said corner being on the southeasterly right-of-way line of State Highway 79 (142.00 feet wide) as shown by Tract No. 23172 on file in Book 251 of Maps at Pages 94 through 99 thereof, records of said Riverside County and the City of Temecula boundary as described by said LAFCO No. 88-70-1; Thence along the southeasterly right~f-way line of said State Highway 79 and the City of Temecula boundary North 73022'11" East, a distance of 2,028.71 feet to the northwesterly comer of Parcel 3 as described by said LAFCO No. 2000-10-1; Thence along the westerly boundary of last mentioned Parcel 3 South 16037'49" East, a distance of 283.00 feet (recorded in LAFCO No. 2000- 10-1 as North 16037'49" West, a distance of 283.00 feet) to the southwesterly comer thereof; Thence along the southerly boundary of last mentioned Parcel 3 North 73022'11" East, a distance of283.00 feet (recorded in LAFCO No. 2000- 10-1 as South 73022'11" West, a distance of 283.00 feet) to the southeasterly comer thereof; Page 9 of 14 EXHIBIT "A" (continued) LAFCO 2003-26-3 Thence along the easterly boundary of last mentioned Parcel 3 North 16037'49" West, a distance of 283.00 feet (recorded in LAFCO No. 2000-10-1 as South 16037'49" East, a distance of 283.00 feet) to the northeasterly comer thereof, said comer being on the southeasterly right- of-way line of said State Highway 79 and the existing City of Temecula boundary; Thence along the southeasterly right-of-way line of said State Highway 79 and the existing City of Temecula boundary North 73022'11" East, a distance of 957.76 feet to an angle point in said City of Temecula boundary as described in said LAFCO 2000-10-1, said angle point also being the northeasterly comer of Lot 19 of said Tract No. 23172; Thence along the easterly line of said Lot 19 South 16037'49" East, a distance of 754.15 feet (recorded in LAFCO No. 2000-10-1 as North 16037'49" West, a distance of 754.15 feet) to the southeasterly corner thereof, said corner being on the southerly line of said Tract No. 23172; Thence along the southerly line of said Tract No. 23172 South 68058'51" West, a distance of3,161.86 feet (recorded in LAFCO No. 2000-10-1 as North 68058'51" East, a distance of 3,161.86 feet) to an angle point therein; Thence continuing along the southerly line of said Tract No. 23172 North 87001'26" West, a distance of 126.59 feet (recorded in LAFCO No. 2000-10-1 as South 87001'26" East, a distance of 126.59 feet) to a point on the easterly right-of-way line of said Redhawk Parkway; Thence continuing along the southerly line of said Tract No. 23172 South 33046'37" West a distance of 50.00 feet (recorded in LAFCO No. 2000-10-1 as North 33046'37" East, a distance of 50.00 feet) to the centerline of said Redhawk Parkway and the southwesterly corner of said Tract No. 23172; Thence along the centerline of said Redhawk Parkway South 56013'23" East, a distance of 1,287.57 feet (recorded in LAFCO No. 2000-10-1 as North 56013'23" West, a distance of 1,287.57 feet) to the intersection of Paseo Para1lon and said Redhawk Parkway, said point also being the beginning of a tangent curve concave southwesterly, having a radius of 1,200.00 feet; Thence southeasterly along said curve, also being the centerline of said Redhawk Parkway, through a central angle of34051'26" an arc distance of 730.05 feet (recorded in LAFCO 2000-10-1 as a radius of 1,200.00 feet, through a central angle of 34051 '27", an arc distance of 730.05 feet); Page 10 of 14 '. EXHIBIT "A" (continued) LAFCO 2003-26-3 Thence continuing along the centerline of said Redhawk Parkway South 21021'57" East, a distance of 297.87 feet (recorded in LAFCO No. 2000- 10-1 as North 21021'57" West, a distance of 297.87 feet) to the beginning of a tangent curve concave northeasterly, having a radius of 630.00 feet; Thence southeasterly along said curve, also being the centerline of said Redhawk Parkway, through a central angle of 17013'56", an arc distance of 189.48 feet (recorded in LAFCO No. 2000-10-1 as a radius of 630.00 feet, through a central angle of 17013'56", an arc distance of 189.48 feet); Thence continuing along the centerline of said Redhawk Parkway South 38035'53" East, a distance of 160.53 feet (recorded in LAFCO No. 2000- 10-1 as North 38035'53" West, a distance of 160.53 feet) to the intersection of the centerlines of said Redhawk Parkway and Vail Ranch Parkway (l00.00 feet wide), said point being the beginning of a non- tangent curve concave southeasterly, having a radius of 1,000.00 feet, a radial line at said intersection bears South 38035'53" East; Thence southwesterly along said non-tangent curve, also being the centerline of said Vail Ranch Parkway, through a central angle of 6018'25", an arc distance of 110.08 feet (recorded in LAFCO No. 2000- 10-1 as a radius of 1,000.00 feet, through a central angle of 6018'25", an arc distance of 110.08 feet) to a point of cusp in said City of Temecula boundary, a radial line to said point of cusp bears North 44054'18" West; Thence leaving said centerline South 84001'58" East, a distance of 203.69 feet (recorded in LAFCO No. 2000-10-1 as North 84001'58" West, a distance of 203.69 feet) to the beginning of a tangent curve concave southerly, having a radius of 1,600.00 feet; Thence easterly along said curve, through a central angle of 17056'55", an arc distance of 501.22 feet (recorded in LAFCO No. 2000-10-1 as a radius of 1,600.00 feet, through a central angle of 17056'55", an arc distance of 501.22 feet); Thence South 66005'03" East, a distance of 742.19 feet (recorded in LAFCO No. 2000-10-1 as North 66005'03" West, a distance of 742.19 feet) to the beginning of a tangent curve concave northerly, having a radius of 1,200.00 feet; Thence southeasterly and easterly along said curve, through a central angle of 40053'24", an arc distance of 856.40 feet (recorded in LAFCO No. 2000-10-1 as a radius of 1,200.00 feet, through a central angle of 40053'24", an arc distance of 856.40 feet); Page \1 of 14 '. EXHIBIT "A" (continued) LAFCO 2003-26-3 Thence North 73001'33" East, a distance of 552.40 feet (recorded in LAFCO No. 2000-10-1 as South 73001'33" West, a distance of 552.40 feet) to the beginning of a tangent curve concave southerly, having a radius of 1,200.00 feet; Thence northeasterly and easterly along said curve, through a central angle of 40053'24", an arc distance of 856.40 feet (recorded in LAFCO No. 2000-10-1 as a radius of 1,200.00 feet, through a central angle of 40053'24", an arc distance of 856.40 feet); Thence South 66005'03" East, a distance of 545.80 feet (recorded in LAFCO No. 2000-10-1 as North 66005'03" West, a distance of 545.80 feet) to the beginning of a tangent curve concave northerly, having a radius of 4,000.00 feet; Thence southeasterly along said curve, through a central angle of 6016'51 ", an arc distance of 438.49 feet (recorded in LAFCO No. 2000- 10-1 as a radius of 4,000.00 feet, through a central angle of 6016'51 ", an arc distance of 438.49 feet); Thence South 72021'54" East a distance of 719.17 feet (recorded in LAFCO No. 2000-10-1 as North 72021'54" East, a distance of 719.17 feet) to an intersection with the centerline of Vail Ranch Parkway (100.00 feet wide), said intersection being the beginning of a non-tangent curve concave westerly, having a radius of 2,500.00 feet, a radial line at said intersection bears North 64050'22" West; Thence northerly along said curve, also being the centerline of said Vail Ranch Parkway, through a central angle of 8026'51", an arc distance of 368.59 feet (recorded in LAFCO No. 2000-10-1 as a radius of 2,500.00 feet, through a central angle of 8026'51", an arc distance of368.59 feet); Thence continuing along the centerline of said Vail Ranch Parkway North 16042'47" East, a distance of 101.80 feet (recorded in LAFCO No. 2000-10-1 as South 16042'47" West, a distance of 101.80 feet) to the beginning of a tangent curve concave westerly, having a radius of 1,000.00 feet; Thence northerly along said curve, also being the centerline of said Vail Ranch Parkway, through a central angle of35016'58", an arc distance of 615,80 feet (recorded in LAFCO No. 2000-10-1 as a radius of 1,000.00 feet, through a central angle of35016'58", an arc distance of 615.80 feet); Thence continuing along the centerline of said V ail Ranch Parkway North 18034'11" West, a distance of 134.68 feet (recorded in LAFCO No. 2000-10-1 as South 18034'11" East, a distance of 134,68 feet) to the Page 12 of 14 EXIllBIT "A" (continued) LAFCO 2003-26-3 intersection of the centerline of said Vail Ranch Parkway and Nighthawk Pass (88.00 feet wide); Thence along the centerline of said Nighthawk Pass North 71 025'49" East, a distance of 130.56 feet (recorded in LAFCO No. 2000-10-1 as South 71 025'49" West, a distance of 130.56 feet) to the beginning of a tangent curve concave northwesterly, having a radius of 1,000.00 feet; Thence northeasterly along said curve, also being the centerline of said Nighthawk Pass, through a central angle of 49030'49", an arc distance of 864.18 feet (recorded in LAFCO No. 2000-10-1 as a radius of 1,000.00 feet, through a central angle of 49030'49", an arc distance of 864.18 feet); Thence continuing along the centerline of said Nighthawk Pass North 21055'00" East, a distance of 167.64 feet (recorded in LAFCO No. 2000- 10-1 as South 21055'00" West, a distance of 167.64 feet) to the beginning of a tangent curve concave southeasterly, having a radius of 1,000.00 feet; Thence northeasterly along said curve, also being the centerline of said Nighthawk Pass, through a central angle of 18041'32", an arc distance of 326.24 feet (recorded in LAFCO No. 2000-10-1 as a radius of 1,000.00 feet, through a central angle of 18041 '32", an arc distance of 326.24 feet); Thence continuing along the centerline of said Nighthawk Pass North 40036'32" East, a distance of 884.29 feet (recorded in LAFCO No. 2000- 10-1 as South 40036'32" West, a distance of 884.29 feet) to the intersection of the centerline of said Nighthawk Pass and said Butterfield Stage Road; Thence along the centerline of said Butterfield Stage Road North 49023'23" West, a distance of 1,514.00 feet (recorded in LAFCO No. 2000-10-1 as South 49023'23" East, a distance of 1,514.00 feet) to the beginning of a tangent curve concave northeasterly, having a radius of 2,000.00 feet; Thence northwesterly along said curve, also being the centerline of said Butterfield Stage Road, through a central angle of 26025'50", an arc distance of 922.60 feet (recorded in LAFCO No. 2000-10-1 as a radius of 2,000.00 feet, through a central angle of 26025'50", an arc distance of 922.60 feet); Thence continuing along the centerline of said Butterfield Stage Road North 22057'33" West, a distance of 55.54 feet (recorded in LAFCO No. 2000-10-1 as South 22057'33" East, a distance of 55.54 feet) to the Page 13 of 14 '. EXHIBIT "A" (continued) LAFCO 2003-26-3 northeast comer of Parcel Map 23780 filed in Book 161 of Parcel Maps at Pages 92 through 99 inclusive, records of said Riverside County; Thence continuing along the centerline of said Butterfield Stage Road North 22057'33" West, a distance of 238.79 feet (recorded in LAFCO No. 2000-10-1 as South 22057'33" East, a distance of 238.79 feet) to the TRUE POINT OF BEGINNING. Contains 1,344 acres, more or less. MWE/Igm 878-2A 10/28/03 Page 14 of 14 MURRIETA A ~ NOT '10 SCWI VICINITY MAP ttfOOItPOItATEO ?1 CITY OF TEMECULA REORGANIZATION TO INCLUDE ANNEXATION OF REDRAWK TO THE CITY or TEMECULA AND CONCURRENT DETACJnIEN'1'S FROM COUNTY SERVICE AREAS 143 & 152 AND THE RIVERSIDE COUNTY WASJ'E RESOURCES MANAGEMENT DISTRICT LAFCO 2003-26-3 DRAWN BY:MWE CHECKED BY:RAN W.O.: 878-2 K1UEGEU :i ~TEWAQT EXHIBIT "A" t'lGlI\lB lor 8 3602 University Ave.' Riverside. CA 92501 . 909-684-6900 N I 10 :;; SCALE: N.T,S. DATE: 7/31/03 '. GRAPlDC SCALE 1000 0 500 1000 3lOO JOOO FIGURE 2 <t ANZA------I ROAD --- - --- - - FIGURE 5 SOUTHEASTERLY RIGHT-OF-WAY HWY. 79 FIGURE 3 -. - EXISTING CITY OF TEMECULA BOUNDARIY PROPERlY LINE --- STREET CENTERLINE [:::::::::::1 REDHAWK ANNEXATION AREA ANNEXATION AREA=1344 ACRES, MORE OR LESS )<.Jy <t DEER HOLLOW WAY LEGEND 3602 University Ave.' RNerside, ('J.. 92501 . 909-684-6900 N I <Xl " <Xl SCALE: N.T.S. DATE: 7/31/03 CITY OF TEMECULA REORGANIZATION TO INCLUDE ANNEXATION OF REDHAliK TO THE CITY OF TE!.IECULA AND CONCURRENT DETACHYENTS FROM COUNTY SERVICE AREAS 143 [( 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES IdANAGEIIENT DISTRICT LAFCO 2003-26-3 DRAWN BY:M1IE CHECKED BY:RAN 11'.0.: 878-2 EXHIBIT "A" nG1lllB 2 or B KI2lECER t i%TEWAUT '"COII'OIlATIED ::':~~::;O':::'. .'....'}1:i'... " f~}; .....cP... 'w., ~ ":~~}l~i...!!..:ij,:,i:,:~::-;0.:PARCEL '...: :;*f0~tit~20~~2f!.Eg}5i0};;:. <,p ~'"' 7389 ~:~ "'&",74'''t~II' %iflW~31tMft%iiniw.!J1l%&t&tl:~!!...~'O . Iwi}IrfFLHgK~~g!!{tilf~_tz?~;:.... ... EXISTING ~ .............-...............................24387,..................~-:::7/ ,~.................................. ...." ............ CITY OF ~:~t:;~}1'{~:/ii1iy!EyX:,y~:~~'i~..W ".:.:::~~:,;{/f:~:0..:_ ......!::..:!!ti;{~5i... TEMECULA ................................-......................................~5~'lJ,7 '/ ~..ot'i."..............................................................- BOUN~~~. . :;\falllwIJIIJlf~" t NIGHTH~~%'ff.'gj!L.. '\ ....................-'&XI# PASS . .:.t......................... PARCEL MAP \ ~r~Ifi\R~'/ tpARVAKIWLA~AN~ \~{!.W~~~!t~i8 17782 \.;.::.~:::-::.':. t BUTTERFIELD' ).~ --..:. ...... -. ~ STAGE ROAD ..-' I. ,............ '. /' \. ~ ANZA ROAD 1000 0 ~ GRAPHIC SCALE 500 1000 2000 \ I I 1 inch = 1000 ft. P.O.C" SOUTHEASTERLY . RIGHT-OF-WAY HWY. 79 KWEGW. ~ ~TEWAQ.T CITY OF TEMECULA REORGANIZATION TO INCLUDE ANNEXATION OF REDHAlIK TO THE ClT'{ OF TEllECUlA AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREAS 143 & 162 AND THE RIVERSIDE COUNTY WASTE RESOURCES YANAGEIlENT DISTRICT LAFCO 2003-26-3 DRAWN BY:1l1IE CHECKED BY:RAN W.O,: 878-2 IN COlt' 0 II ATI 0 '+- 3602 University Ave. . R~rside, CA 92501 . 909-684-6900 N I <0 :;; SCALE: 1"=1000'. DATE: 7 /31/03 3000 I EXHIBIT "A" nGllllll30Pa '\ 1J...... .0 ......v. t VAIL RANCH 8 ' :::~'.:?~'.. PARKWAY -.~,,~~,::'~1m*iWt\ ~ :ii!.: '.'to NIGHlHAWK:.y: ~ , :ii!..:....:.;:.:PASSi:::.:;:.:::. . ~...:.:;;; . -::::.: ~ I $.;0~j05Z~;;{:::~;J..~i~~5i~~\. .... ...........-<:a...... . t ANZA ROAD L20 L21 L22 ...................................................................... ....................................................................... ....................................................................... ....................................................................... .........u............................................................ ...................__.......................................n......... ....................................................................... ....................................................................... rE"""'i%(W"","";';; Ili.~~'ltl{ttll 1000 0 ;~~:~j;;:~{~:~~~~;~~lii:;j~~~j:~:~ ~ ~:;,~ '. I I ~ t WOOLPERT I LAN E I I GRAPHIC SCALE 500 1 000 2000 I I I 3000 I 1 inoh = 1000 ft. CITY OF TEMECULA REORGANIZATION TO INCLUDE ANNEXATION OF REDHAlIK TO THE CITY OF TDECULA AND CONCURRENT DETACHlAENTS FROio{ COUNTY SERVICE AREAS 143 it 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES IlANAGEIlENT DISTRICT LAFCO 2003-26-3 DRAWN BY:MWE CHECKED BY:RAN W.O.: 878-2 KI2IEGEI2 .g. ~TEWA1l.T lMooa'OIlATIO J602 University Ave.. R"lVmide, ().. 92501. 909-684-6900 (;j I "' :;; SCALE: 1"-1000' DATE: 7 /31/03 EXHIBIT " A" nCURB . or 8 '. 1000 0 ~ GRAPHIC SCALE 500 1000 2000 I I I 3000 1 inch = 1000 ft. KImGEn & ~TEWAUT .NCOIlPOIlATID 3602 University Ave.' !rIVerSide, CA. 92501 . 909-684-6900 N I '" :;; SCALE: 1"=1000' DATE: 7 /31/03 , '\. CITY OF TEMECULA REORGANIZATION TO INCLUDE ANNEXATION OF REDHAWK TO TIlE CITY OF TEYECULA AND CONCURRENT DETAcmtEN'l'S FROM COUNTY SERVICE AREAS 143 & 152 AND TIlE RIVERSIDE COUNTY WASTE RESOURCES IlANAGElIENT DISTRICT LAFCO 2003-26-3 DRAWN BY:K1IE CHECKED BY:RAN W.O.: 678-2 EXHIBIT "A" rIGlIIlB 5 or is '. '. t BUTTERFIELD STAGE ROAD GRAPHIC SCALE 500 1 000 2000 'I I 1 inch = 1000 ft. 3000 I o o 0: 1000 0 .~ SOUTHEASTERLY RIGHT-OF -WAY HWY. 79 KlmGD2 :. ~TEWAn.T INCOl'OIUTlD CITY OF TEMECULA REORGANIZATION TO INCLUDE ANNEXATION OF REDRAWK TO THE CITY OF TEMECULA AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREAS 143 It 162 AND TIlE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO 2003-26-3 DRAWN BY:HlIE CHECKED BY:RAN W.O.: 878 2 EXHIBIT "A" PIG1lIlIl80r8 3602 Un;,.ersity Aye.. R'lYerside. CA. 92501 . 909-684-6900 N I OX) [;)SCALE: 1"=1000' DATE: 7 /31/03 \ " (;; I <Xl " <Xl COURSE SHEET LINE DIRECTION DISTANCE LINE DIRECTION DISTANCE L1 S22'57 33 E 1016.04 L40 S45'58'28"W 416.34' L2 N81'37'56"E 738.45 L41 N3s027'12"W 710.25 L3 N81'37 56 E 1758.87 L42 N3S'27 12"W 88.47 L4 N70'43'18 E 3539.21' L43 NS3'34'28"W 726.59' LS S23'S3'21 "E 140.16' L44 N6S'16'26"W 955.73 . L6 S71011'03"W 3092.94 L4S N04'18 10 E 173.65' L7 S11'07'17"E 1273.78' L46 N86'19'2S"E 119.99' L8 S71058'24"W 1 051.49 L47 N37"24 25 E 300.15 L9 SSo03259 W 582.84' L48 N40'04'S6"W 28.05' UO S39OS2'38"W 2189.71' L49 N40'04'S6"W 411.25' U1 S29037 22 'E 1305.54 L50 N2l'13'17"E 171.28 U2 S73010'23 W 449.26 LSl N20'23'03"E 286.33' U3 S43'S7'13"W 773.17' L52 N61'43'07"E 216.05 U4 N4604624 W 210.00 L53 N81'3301 E 315.81 US SS3006'24"W 68.13' LS4 S84'39'28"E 208.85' L16 SOooS3'12"W 1143.59' LS5 S48039'10"E 247.87' U7 N88'20' 45"W 1450.44 L56 S69'39 18 E 336.15' U8 SS3006'24"W 1510.57' L57 N70'44'12"E 452.93' L19 SOO'14'33"E 1684.12 LS8 S67"S7'32"E 532.15 L20 S88021'31"E 393.97 LS9 S63'29 28 E 282.47 L2l S88'21'31"E 530.73' L60 N83'lS'S7"E 724.10' L22 S88021'31"E 372.65' L61 N 160 40'07"W 885.05' L23 SOl'1300"E 1278.36' L62 S56041 3S"W 654.72 L24 N8903S' 41 "W 1315.76 L63 N74OS9'09"W 578.70' L25 SOO'20 15"E 1306.96 L64 N53008'15 W 36.74 L26 N89024' 49"W 1319.25' L6S NS3'08'lS"W 110.10' L27 SOO03920"W 1335.55 L66 N80'S4'34"W 250.04' L28 N89'48'SO W 1993.66' L67 S88'20 52 W 193.02' L29 N89048'SO"W 41.16' L68 N70001'39"W 199.56' L30 N43001'34"W 520.55' L69 N86'S9 58 W 141.49' L31 N44049'36"W 372.50 L70 NOO'31'07"W 305.00' L32 N42'23'18"E 2254.53' L71 NOO'31'07"W 263.08' L33 N240S0' 41 W 832.36 L72 N2l'1625 W 858.96' L34 N30'48'lS"W 1705.39' L73 S88'17'3S"E 523.72' L3S N61002'24"W 448.25 L74 N63'50'16"E 285.06' L36 N61002'24"W 169.00 L75 N46'30 39"W 215,14' L37 N4S'33'18"W 711.38' L76 N04'04'38 W 148.52' L38 N45"48'll"E 415.51' L77 NSO"01'58"E 360.94' L39 N41021'23"W 442.13 ~\.~ UNO SIIII-. ~ ~:~.... A. .t~ ~ .....~ ~... * Up. 12-31-00 * ~ ".~I 7,~' ~ OF~At\~ aV ICWEGE~ CITY OF TEMECULA EXHIBIT 4- REORGANIZATION TO INCLUDE ANNEXATION OF REDHAWK "A" ~TEWAUT I Me O.P 0 IATI 0 TO THE CITY or TEMECULA AND CONCURRENT DETACIBlENTS FROM COUNTY SERVICE AREAS 143 & 152 AND THE RIVERSIDE 3602 University Ave.' R'lVefSide. CA. 92501 . !M)9-684-6900 COUNTY WASTE RESOURCES KANAGmNT DISTRICT . LAFCO 2003-26-3 SCALE: N/A DATE: 7/31/03 DRAWN BY:M1IE CHECKED BY:RAN W.O.: 878-2 ftGUIlI 7 or 8 '. " . COURSE SHEET . LINE DIRECTION DISTANCE CURVE TABLE L78 N63'23'04"E 66.83' CURVE LENGTH RADIUS DELTA L79 N73'22 11"E 391.17' Cl 73.58 3000.00 01'24'19" L80 N16'3749 W 225.00 C2 799.79 4200.00 10'54'38" L81 N73'22'll"E 2028.71' C3 345.25 1200.00 16'29'04" L82 516'3749"E 283.00' C4 167.12 1200.00 07"58'45" L83 N73'22 11 E 283.00 C5 480.90 1200.00 22'57'41" L84 N16'37'49"W 283.00' C6 730.05 1200.00 34'51'27" L85 N73'22 11 E 957.76' C7 189.48 630.00 17"13'56" L86 516'3749 E 754.15 C8 110.08 1000.00 06'18'25" L87 568'58'51 "W 3161.86' C9 501.22 1600.00 17"56'55 " L88 N87'01 26 W 126.59 Cl0 856.40 1200.00 40'53'24" L89 533'46'37 W 50.00 Cll 856.40 1200.00 40'53'24" L90 556'13'23 E 1287.57 C12 438.49 4000.00 06'16'51" L91 521'21 57 E 297.87 C13 368.59 2500.00 08'26'51" L92 538'35'53"E 160.53' C14 615.80 1000.00 35'16'58" L93 584'Ol'58"E 203.69 C15 864.18 1000.00 49'30'49" L94 566'05'03"E 742.19' C16 326.24 1000.00 18'41'32" L95 N73'Ol'33"E 552.40' C17 922.60 2000.00 26'25'50" L96 566'05 03 E 545.80 L97 572'21'54"E 719:17 L98 N16'42'47"E 101.80 L99 N18'34'll"W 134.68' L100 N71'25 49 E 130.56 Ll0l N21'55'OO"E 167.64' Ll02 N40'3632 E 884.29 Ll03 N49'23'23"W 1514.00' Ll04 N22'57'33"W 55.54 L105 N22'57'33"W 238.79' ~\) I.AND SII" '\,... 'J'. ~\)'\ A. .t~ ~ ~ ~... * Exp. 12-Jl-ll5 * I~ 131\ 410 ( J 2 /'j OFC~I.~ '\ .,-.p KImGEQ CITY OF TEMECULA EXHIBIT t REORGANIZATION TO INCWDE ANNEXATION OF REDHAWK "A" ~TEWAQT 'NCO.PO.ATID TO THE CITY OF mlECULA AND CONCURRENT DETACHMENTS FROII COUNTY SERVICE AREAS 143 & 152 AND THE RIVERSIDE N 3602 Uni't'ersity Ave." RiYernide, CA. 92501. 909-684-6900 COUNTY WASTE RESOURCES IlANAGEIIENT DISTRICf I LAFCO 2003-26-3 00 N/A DATE: 7/31/03 DRAWN BY:K1IE CHECKED BY: RAN .1'.0.: 678-2 nGUIlB 8 or 8 "- SCALE: 00 - ~"&~n'~~ A ~~ I I ~//\~~ ~ g rl' <I \:: ( \~~~ I; ~\~~ 11--=:::1- i ,~, "t /' '- ~/",y: '= I "0 \ / / /\C/ '-j\ I ~ , " , ,/"~,, ' ,--' /' , I I , "" I , ~~ ,,' / ' ' ,~ / ,,' '" lC', 1/ / I / I ' P ,\ ~" 'G .,' / :\)1, " ' , /" '1%. ,,,if' "V"" '\ \ \ ~ t" ! ! ct='~ ", 'y,,\ \ , ,,/" """, de-l/," ~ ' ~ , ~ ' , " t' '. 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DIRECTOR OF FINANCE CITY MANAGER tfP CITY OF TEMECULA AGENDA REPORT FROM: Board of Directors Herman D. Parker, Director of Community service@? May 26, 2005 TO: DATE: SUBJECT: Departmental Report PREPARED BY: Gail L. Zigler, Administrative Assistant A contract was awarded for the Wolf Creek Sports Complex and the grading portion is nearly complete with approximately 22 cubic yards of dirt imported to the site. The installation of underground utilities has begun. On April 26, 2005 the Board of Directors approved naming the park the Patricia H, Birdsall Sports Park. A construction contract has been awarded to Edge Development for the construction of the new Temecula Public Library project. Staff coordinated a ground breaking ceremony which occurred on Thursday, May 12, 2005, Approximately 125 people were in attendance for this celebration. Staff anticipates construction to begin in May, A bid opening was held for the Vail Ranch Middle School lighting project and a construction bid was awarded at the March 8, 2005 City Council meeting. A pre-construction meeting is scheduled for April 21, 2005 and construction will begin on this project as soon as school closes for summer break. The recently established Cultural Arts Division is developing cultural arts programs and activities, planning for the new community theater which is scheduled to open in late summer, and overseeing the day-to-day operations at the History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration, The Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events, R:\ZIGLERGIXDEPTRP1\0505.doc The F,I.T. (Fitness In Temecula) continues atfour (4) park sites within the City. These sites include Ronald Reagan Sports Park, Harveston Community Park, Temeku Hills Park and Pala Community Park. The program has 367 registered participants. A variety of different promotional items have been distributed and the program will continue into the summer months. The Recreation Division staff is currently preparing for the release of the 2005 Summer/Fall edition of the Guide to Leisure Activities. In addition, staff is programming for summer recreation activities including the annual July 4th parade and fireworks extravaganza, the annual Summer Sunsets Film and Concert Series, Summer Day Camp, SMART, the summer swim program and much more. R:\ZIGLERGIXDEPTRPTl0505.doc REDEVELOPMENT AGENCY ITEM 1 . MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 10, 2005 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:23 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS Comerchero, Edwards, Naggar, Washington, and Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of April 26, 2005, MOTION: Agency Member Washington moved to approve Consent Calendar Item NO.1. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval. RECONVENE CITY COUNCIL TO A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 2 Owner Participation Aqreement for Dalton II Mixed Use Affordable Housinq Proiect RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05- 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND D'ALTO PARTNERS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY R:\Minutes.rdaI051005 2.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 05- 02 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND D'ALTO PARTNERS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2.3 That the Temecula Redevelopment Agency appropriate $2,060,000 from the Affordable Housing Fund Balance. Director of Housing and Redevelopment Meyer reviewed the staff report (as per agenda material), highlighting the proposed project and advising that this project will incorporate 24 units. At this time, the public hearing was opened. Commending the Planning, Building and Safety, and Fire Departments on its outstanding service and thanking Director of Housing and Redevelopment Meyer for his guidance, Mr. Bill Dalton extended appreciation to the City Council/Redevelopment Agency for its support of this project. Viewing the proposed project as well as the Dalton Historical building (currently under construction) as projects that are fulfilling the vision of the Old Town Improvement Project, Mayor Comerchero, echoed by Mayor Pro Tem Roberts, thanked Mr. Dalton for his insight, innovation, and willingness to place his own assets on the line in an effort to see Old Town grow. At this time, the public hearing was closed. MOTION: Councilman/Agency Member Naggar moved to approve the staff recommendation. The motion was seconded by Councilman/Agency Member Roberts and electronic vote reflected unanimous approval. At this time, the City Council meeting was recessed. EXECUTIVE DIRECTOR'S REPORT Executive Director Nelson expressed his delight in working with Mr, Dalton and completing this project for Old Town. AGENCY MEMBERS' REPORTS No additional comments, R:\Minutes.rdaI051005 2 ADJOURNMENT At 8:30 P,M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 24, 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.rdal051005 3 ITEM 2 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Direclor/Redevelopment Agency Members FROM: Genie Roberts, Director of Finance DATE: May 24, 2005 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2005 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Senior Accountant RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Nine Months Ended March 31, 2005 DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the Nine Months Ended March 31, 2005, Please see the attached financial statements for an analytical review of financial activity, FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2005 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 200S TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of March 31, 2005 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31,2005 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet Ai; of March 31. 2005 LowlMod CIP Debt Fund Fund Service Total Assets: Cash and investments $ 8,925,284 $ 3,551,836 $ 1,933,970 $ 14,411,090 Receivables 845,638 293,994 59,344 1.198,976 Land held for resale 98,484 98,484 Total assets $ 9,770,922 $ 3,944,314 $ 1,993,314 $ 15,708,550 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities $ 110,715 $ 162,175 $ 272,890 Loan Advances $ 1,563,110 1,563.110 Deferred revenue 410,368 125,000 535,368 Total liabilities 521.082 287,175 1,563,110 2,371,367 Fund balances: Reserved 9,249,840 430,204 9,680,044 Designated 3,657,139 3,657,139 Undesignated Total fund balances 9,249,840 3,657,139 430,204 13,337,183 Total liabilities and fund balances $ 9,770,922 $ 3,944,314 $ 1,993,314 $ 15,708,550 Please note that these balances are unaudited City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency LowtM:oderate Income Housing For the Nine Months Ended March 31, 2005 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Property tax increment $ 2,510,200 1,266,435 $ 1,266,435 50% (1) Investment interest 115,000 128,123 128,123 111% (2) Rental income 50.000 (3) Forgivable Loan Repayment 225,900 148,730 148,730 66% Reimbursement. Old Town Cottages 40,000 40,416 40,416 101% (4) Total Revenues 2,941,100 1,583,704 1,583,704 54% Expenditures: Salaries and wages 278,600 179,506 179,506 64% Operating and administrative expenditures 435,762 245,249 $ 60,099 305,348 70% Homebuyer programs 300,000 (5) Residential rehabilitation programs 291,439 123,771 50,002 173,773 60% Housing development & acquisition 2,825,278 (6) Old Town Mixed Use 1,000,000 9,039 961 10,000 1% (7) Affordable housing / future obligation 305,000 305,000 305,000 100% (8) Total Expendit1rres 5,436,079 862,565 111,062 973,627 18% Revenues Over/(Under) Expenditures (2,494,979) 721,139 Beginning Fund Balance, July 1, 2004 8,528,701 8,528,701 Ending Fund Balance, March 31. 2005 $ 6,033,722 $ 9,249,840 Notes: I) The second portion of property tax increment is schedule to be received by the end of May. 2) Investment Interest is higher this quarter due to high cash balance. 3) The annual rent from Temecula Gardens is expected to be received in April of this fiscal year. 4) Reimbursements are 100% received as of this quarter. 5) There is no program activity during this quarter, however, applications are being accepted for review. 6) The variance in Housing development is due to the Campus project that is not yet completed. 7) This project has just begun the desigu phase as of this quarter. 8) The variance is due to the annual contribution to Mission Village Project rehabilitation made during this quarter. 2 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency-CIP For the Nine Months Ended March 31, 2005 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 150,000 $ 81,313 $ 8 J,313 54% (I) Grants 250,000 (2) Loan interest 12,000 8,922 8,922 74% Reimbursements 10,000 (3) Operating transfers in 1,020,100 765,075 765,075 75% Total Revenues 1,442,100 855,310 855,310 59% Capital Projects: Old Town Building Fa,ades 280-813 150,000 10,684 $ 15.486 26,170 17% (4) Old Town Gateway Landscape 280-833 447,028 276,933 168,297 445,230 100% Erie Stanley Gardner 280-834 44,260 1,392 2,761 4,153 9% (4) Escallier House 280-835 805,000 (4) Old Town Identification 280-836 90.495 (4) Old Town Properties 280-837 170,000 10,000 10,000 6% (4) Operating Expenditures: Salaries and wages 118,900 81,540 81,540 69% Operating and administrative expenditures 309.400 223.434 30,040 253.474 82% ERAF 770,000 (5) Old Town plan implementation 168,900 92.423 21.413 113,836 67% Banner program 4,300 740 260 1,000 23% Operating transfers out 6,301,580 5,102,050 5,102,050 81% Total Expenditures 9,379,863 5,799,196 238,257 6,037,453 64% Revenues Over/CUnder) Expenditures (7,937,763) (4,943,886) Beginning Fund Balance, July I, 2004 8,601,025 8,601,025 Ending Fund Balance, March 31, 2005 $ 663,262 $ 3,657.139 Notes: I) Investment interest is lower due to transfers to the Capital hnprovement Project Fund. 2) Grant reimbursement was submitted in April of this fiscal year with completion of projects. 3) Donation will be requested at the finishing stages of projects. 4) The CIP projects: Old Town Building Facades, ErIe Stanley Gardner, Escallier House, Old Town Identification, and Old Town Properties projects have not yet started during this quarter. 5) ERAF payment was paid to the County of Riverside on May 10, 2005, 3 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Nine Months Ended March 31, 2005 Annual Amended YTD Percent Budget Activity of Budget Revenues: Property tax increment $ 10,040,800 $ 5,065,740 50% (1) Investment interest 30,000 29,582 99% (2) Advances from other funds Total Revenues 10,070,800 5,095,322 51% Expenditures: Pass~through agreements 6,982,000 3,490,936 50% (3) Debt service ~ principal 180,000 110,000 61% (4) Debt service - interest 1,384,400 1,433,623 104% (4) Trustees admin fees 5,500 4,550 83% Property Tax admin Fees 135,200 130,056 96% Operating transfers out 1,020,100 765,075 75% Total Expenditures 9,707,200 5,934,240 61% Revenues Over/(Under) Expenditures 363,600 (838,918) BegilUling Fund Balance, July 1, 2004 1,269,122 1,269,122 Ending Fund Balance, March 31, 2005 $ 1,632,722 $ 430,204 Notes: 1) The second portion of property tax increment is schedule to be received by the end of May, 2) Investment Interest is higher this quarter due to high cash balance. 3) Pass-through agreements are paid in May of this fiscal year. 4) Debt Service Principal and Interest are due and payable by the first of September of each fiscal year, 4 ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director~ DATE: May 24,2005 SUBJECT: Status Update on the Temecula Education Center RECOMMENDATION: Receive and File BACKGROUND: On March 16, 2004, the Agency entered into a Disposition and Development Agreement (DDA) with the AGK Group, LLC to develop the Temecula Education Complex, On December 7, 2004, the Agency Board approved the Second Amendment to the DDA increasing the financial contribution and extending the schedule of performance by six months, DISCUSSION: On May 4, 2004, the Planning Commission recommended approval of the Development Plan, Plan Development Overlay, Development Agreement and Tentative Parcel Map for the Temecula Education Center, It was a unanimous 5,0 vote. These items will be brought forward to the City Council at its June 28, 2005 meeting, In addition to the above mentioned entitlements, we will also bring forward the Third Amendment to the DDA, which includes the License Agreement for the remediation work, and a Pre-excavation Agreement between the Tribe, the AGK Group and the City. Entitlement Timeline Staff and the design team are continuing to meet on a bi-weekly basis. The design team has moved into the construction drawing phase. Soil Remediation/License Agreement The license agreement and amendment have been drafted by the City Attorney's office and distributed for review, The developer's civil engineer is working on the mass grading plan, which will provide the scope of work and cost estimates for the License Agreement. CONCLUSION: Staff believes the developer remains committed to moving the project forward as quickly as possible, He has spent considerable resources on project design and special studies. A:\EducatiOOCOl'llllex\Council Update May 24, 2005.doc RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Directo~ DATE: May 24,2005 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of May 24, 2005 for the Redevelopment Department. First Time Homebuvers Proaram Funding in the amount of $100,000 is available for FY 04 ...(15, Residential Improvement Proarams The program budget for FY 04-05 is $250,000, with $175,350 funded on 59 units, Habitat for Humanitv Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to develop a home-ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets, will consist of 5 new single-family detached homes, The houses are arranged along Pujol Street and a private lane. Habitat has resubmitted final grading plans, street improvements and final map to Public Works for review, Old Town Community Theater Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February 10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and should be completed in the summer of 2005. R:\SYERSK\MONTHLL YlMayl05.doc 1 Campus Proiect The Redevelopment Agency entered into a Disposition and Development Agreement with AGK Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility, The facility will consist of mixed-income apartments, retail facilities, parking and participating college universities. On May 4, the Planning Commission recommended approval of the project's entitlements, The City Council will consider these on June 28. The project should be completed in Fall of 2006, Facade ImprovementlNon-Conformina Sian Proaram The following facade improvement/sign projects are in process or have recently been completed: . Belinda McCauley Photography Sign Program . Tungle Toy Sign Program . Rachel's Place Sign Program . Old Town Coffee House Fa<;:ade Improvement Program Old Town Promotions/Marketina Western Davs Western Days was held in Old Town May 14 and 15, 2005. Hosted by the Old Town Temecula Gunfighters, the weekend included old west skits, demonstrations, and western exhibits, At high noon, the Old Town Temecula Gunfighters treated the crowd to a comical bank robbery featuring dozens of bad guys in a final shoot out with the sheriff and his posse. Gunfight clubs from all over Southern California joined the Temecula Gunfighters in a series of competitions at 4th and Front Street both Saturday and Sunday, The groups competed for authenticity, humor and originality and were scored by a panel of judges. There was also a variety of western exhibits and displays, The American Civil War Society recreated life during the Civil War in an exhibit at the corner of Mercedes and Main streets. The encampment moved in on Friday evening and was on exhibit throughout the weekend, Other activities included craft exhibits, wood carving demonstrations, and gold panning, There was also stagecoach rides and pony rides for a small fee and a variety of exhibits. Kids panned for gold at the Gold Prospector's booth located at 6th and Front in the Wild Cactus parking lot. Kids also competed in the western costume contest for prizes and ribbons. R:\SYERSK\MONTHLL YlMayl05.doc 2 When Pigs Fly, an American band of hammered dulcimers, performed on Sunday from 11 a,m. to 2 p.m, at the Children's Museum on Main Street. Also performing on Saturday from 12 noon to 3 p,m. was the Older than Dirt Gang, a traditional western band, The Lost Canyon Rangers offered a special treat as they sang old western songs on Sunday from 1 p.m, to 4 p,m, at the Country Porch. This group is popular around Southern California, playing tunes made famous by Gene Autry, Roy Rogers and Audie Murphy, The band has recently been nominated by the Academy of Western Artists in five separate award categories including "Entertainer of the Year," and "Western Group of the Year." The event also included food and craft vendors. June the streets come alive with color for the 5th annual Street Painting Festival, Hot Summer Nights in July and August features local bands and entertainment every Friday evening. R:\SYERSK\MONTHLL Y\MayI05.doc 3 r--- --.. ... · estern ~ '~2it:- , +, ~~.,~. ~ .~. "'~ ..' ..". ~' , ..... >iIf. ,l,. .. ~".~.t'l".. , ;,'-<. +~k;Jfl :ff~' Mav 14 & 15 2005" _, .:c,il~ " 'Z '. ~'_ ,~;,. ; "~ ;JI,':' ' 11 t 5 ", i . -'jj~ "I. '~~'I~~'\h~" ~ a.m. 0 p.m., ': .' ~~t:;? .~} - ~;.~ l ~ -, qSi', , '" , '" t ' ^ .. It-. .. ~ ~ ,.'"" , " t . . \,j' '" "'~;tJ' - /' , GOld p'anning & ExhibiUi [~~-i;:;.f~~~ bV Gold Prospectors Association - ,K~~t~~:~:3;~i'~ 7~ .,~~, ....~~~" CivilWar Exhibit & Encampment' ,- "<.. , ~~. Ii /'t~. ~ Stagecoach Rides"", " ~Wester~ Skits & Gunfighter Skit . \, '~j; ~'\\~"Western & Americana' Musid.~ "\' Annie Get Your Gun Preview Saturda , SATURDAY ~. ,i II a:"m. to 2 p.m, SUNDAY; When Pigs Fly at Imagination Workshop 'll'<-...'lit"'''',....;.; ~, , Older than Dirt Band R 12-3 at Rosa's Cantina lllcove angers '~\', '" ? , ~~_ High Noon Bank Robbery \/ ' ~ r.F;t';:~~:::,;: ~:: ;:.ft. . ,". Plenty of Fun for the Entire Family p~. Visit with Mr. Lincoln Saturday'and Sunday. ". . \"G, (951) 694-6412 f~j ;,t"1/lf;' ~ ~~E~~S~. TEMECULA.C~~ORNIA.COM~ '- -..~ ..." ... lHEVAllJiYBUSlNESSJOURNAL _' ". . '""~"."".,.u,,,.. il; ::"110-_", ..bt.... ---;~ Lost Canyon ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/Ci% ~ Debbie Ubnostr. Director of Planning DATE: May 24, 2005 SUBJECT: Automobile and Truck Dealership Promotional Events (PA05'0047) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS, TO CHANGE THE MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE AUTO MALL AREA, AND TO ALLOW LARGER FREESTANDING TENANT IDENTIFICATION SIGNS FOR AUTOMOBILE AND TRUCK DEALERSHIPS (PLANNING APPLICATION NO. PA05-0047). BACKGROUND: Representatives from the Temecula Valley Auto Dealers Association contacted staff in September 2004 and expressed their concerns with the limited number of promotional activities they are allowed per year, which they feel puts them at a competitive disadvantage with dealerships in other areas. As a result, staff worked with the Auto Dealers Association to develop a proposal that ensures the long-term viability of the auto dealers within the City without resulting in visual blight to the surrounding land uses and the community. The proposal being suggested by the Auto Dealers Association is that the City amend the Development Code to allow auto dealerships to hold regular minor weekend promotional events, increase the allowable number of minor temporary use permits for major promotions from 2 events per year to 4 events per year, and allow an increase in the overall size of freestanding tenant identification signs. R:\Ordinances\Auto Mall Signage\CC Staff Report.doc Minor Weekend Promotional Event The key point of the proposal is to amend the Development Code to allow automobile dealerships to conduct minor weekend promotional events as often as they would like. A Minor Weekend Promotional Event would be permitted only with a Master Temporary Use Permit (MTUP), The MTUP would identify the proposed locations for the event components at each dealership site. For the purposes of this proposal, the duration of Minor Weekend Promotional Events would begin at 12:00 p,m, on Friday and end at 10:00 a,m, on the following Monday, If Monday is a state holiday, then the event must end by 10:00 a.m. the following day. All other on site promotional activities not specifically identified below would require a dealership to obtain a separate Temporary Use Permit. A Minor Weekend Promotional Event would allow any or all of the following: . Canopies . Banners . Jolly Jumps . Food and Beverages . Helium Balloons A maximum of two (2) per dealership site. The maximum square footage of any canopy shall not exceed 399 square feet, A maximum of two (2) per dealership site. The size and placement of banners does not change. The maximum allowable size for a banner is 32 square feet with a maximum height of 3 feet. The placement of banners is also limited to a maximum height of 6 feet from the ground, A maximum of one (1) per dealership site, Would be allowed, but required to comply with Riverside County Department of Environmental Health regulations, Would be allowed every weekend for no more than four (4) consecutive days. The size and placement of balloons does not change, No balloon shall be larger than a maximum of three (3) feet in diameter and no higher than ten (10) feet from the ground, Ambient Air Balloons would be allowed in conjunction with a Minor Weekend Promotional Event; however, the standards for ambient balloons would be the same as the current standards and they would require a separate permit. Ambient Air Balloons are currently allowed for display for 15 days within a 90-day period, Master Temporarv Use Permit The proposal would also amend the Development Code to establish a Master Temporary Use Permit (MTUP) that would allow the auto dealers to hold Minor Weekend Promotional Events. Each dealership will be required to obtain a MTUP with an approved site plan identifying locations for specific on site activities identified for Minor Weekend Promotional Events, Promotional Activitv Area In order to prevent the proliferation of promotional events held throughout the City, staff proposes to establish a promotional activity area to restrict the location of these activities. The area, called "Area BU, is proposed for these activities and encompasses the auto mall area and the site currently used by the Kia Dealership on Jefferson Avenue. Only automobile deaierships in Area B would be allowed to obtain a MTUP. A figure showing Area B is contained in Attachment No, 3, R:\Ordinances\Auto Mall Signage\CC Staff Report.doc 2 Minor Temporary Use Permits for Maior Promotions The proposal would also increase the number of allowable minor temporary use permits (TUP) from 2 per calendar year to 4 per calendar year. This increase in the allowable number of minor TUP's would only be available to automobile dealerships within Area B, . Sunset Provision To provide an opportunity to evaluate the results of the proposed Ordinance, The Commission is recommending that the provisions for minor weekend promotional events and the number of minor Temporary Use Permits expire 18 months following the effective date of the Ordinance, This period will allow the City sufficient time for staff to work with each dealership to develop their MTUP, obtain City approval, implement their MTUP for about one year, then allow City staff to evaluate the effectiveness of the program. Following the la-month trial period, should the City Council determine that the results of this amendment are favorable, the Ordinance can be renewed either for a longer period or permanently, Freestandinq Tenant Identification Siqns The proposal would also amend the Development Code to allow for larger freestanding tenant identification signs at the automobile dealerships, The standards would be amended as follows: . Square feet Increase the maximum allowable square feet from 25 square feet to 72 square feet. Increase the maximum allowable height from 6 feet to a feet. Increase the maximum allowable width from 6 feet to 12 feet. . Height . Width This standard is similar to many of the existing signs at the dealerships that were approved prior to the City adopting its Sign Ordinance, Staff feels that it would be appropriate to allow dealerships to increase the size and to allow multiple brand names on their freestanding tenant identification signs, This is because dealerships are unique with respect to the size of the site they occupy, the distance the buildings are setback from the street, and the role that their business name and brand recognition has with selling their product. Staff presented the dealers proposal to the Planning Commission at a public hearing on April 20, 2005, Following the public hearing, the Commission expressed their concerns regarding the de<./ership's willingness to comply with the proposed activities, which could result in the proliferation of promotional activities along Ynez Road, The Auto Dealers Association representative, Isaac Lizarraga, indicated that the dealerships are willing to self regulate the promotional activities and understand the consequences of not complying with the program as outlined, The Planning Commission also confirmed with staff, that the sunset clause relates to the promotional activities and not the proposed change in the standards for freestanding tenant identification signs, The Planning Commission recommended that the City Council approve the Ordinance with one minor addition, an inc;rease in the allowable number of banners during weekend promotional events from 1 to 2 banners per dealership site, A copy of the Planning Commission's Resolution is contained in Attachment No, 2, A:\Ordinances\Auto Mall Signage\CC Staff Report.doc 3 Environmental Determination The Planning Commission reviewed the Initial Environmental Study that had been prepared and determined that this proposed ordinance would have no potential to impact the environment. As a reslJlt, the Planning Commission is recommending that the City Council find that the proposed Ordinance is exempt from review under the California Environmental Quality Act pursuant to Section 15061 (b )(3) of the CEQA Guidelines, FISCAL IMPACT: Staff anticipates that the adoption of this Ordinance will have no direct impact to the City with respect to administering the proposed regulations; however, staff also anticipates that this proposal would enable the automobile dealerships to be more competitive in the market place, which could result in an increase in sales tax revenue, ATTACHMENTS: 1, Proposed CC Ordinance 05-_ 2, PC Resolution No, 2005-23 3, Area B Map R:\Ordinances\Auto Mall Signage\CC Staff Report.doc 4 ATTACHMENT NO, 1 PROPOSED ORDINANCE R:\Ordinances\Auto Mall Signage\CC Staff Report.doc 5 ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS, TO CHANGE THE MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE AUTO MALL AREA, AND TO ALLOW LARGER FREESTANDING TENANT IDENTIFICATION SIGNS FOR AUTOMOBILE AND TRUCK DEALERSHIPS. (PLANNING APPLICATION NO, PA05-0047) WHEREAS, The City has identified a need to allow automobile and truck dealerships in the auto mall area to conduct more promotional events while maintaining high quality urban design standards; and WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such City; and WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance shall be consistent with the adopted General Plan of the City; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 20, 2005, and recommended that the City Council approve the following amendments to the City Municipal Code; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on _, 2005 to consider the proposed amendments to the Temecula Municipal Code, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Seclion 1. The City Council of the City of Temecula hereby amends Section 17.04.020.A of the Temecula Municipal Code to read as follows: "A. Purpose and Intent. The temporary use permit allows for short,term activities, typically less than one year in duration, which may be appropriate when regulated, Some activities associated with a Master Temporary Use Permit for automobile and truck dealerships may exceed one year in duration." R:\Ordinances\Auto Mall Signage\Ordinance.doc Section 2. The City Council of the City of Temecula hereby amends Section 17.04.020,B of the Temecula Municipal Code to read as follows: "B. Permitted Uses. Temporary uses are divided into three general categories, major, minor and master, Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property, could create traffic problems, and/or could potentially disrupt community life, Minor temporary uses occur on developed private property, generally commercial, for very short time periods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. Master temporary uses are similar, in effect, to minor temporary uses, however, they commonly occur for longer time periods," Section 3, The City Council of the City of Temecula hereby amends Section 17,04,020,B,2,a of the Temecula Municipal Code to read as follows: "a, Outdoor display and sales of merchandise within commercial land use districts are limited to two events per calendar year not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business. Except that automobile and truck dealerships located within Area B, as defined in this Section, are allowed up to 4 events per calendar year and of the duration determined in Section 17,04,020,E," Section 4. The City Council of the City of Temecula hereby amends Section 17,04.020,B of the Temecula Municipal Code by adding a Subsection 4 that reads as follows: "4. Master Temporary Use Permits. Minor Weekend Promotional Events at automobile and truck dealerships are allowed within Area B, as shown in Exhibit 17.04,020, with the approval of a master temporary use permit. For purposes of this Subsection, a dealership site means an automobile sales business on one or more contiguous legal parcels of land, selling one or more brand names under the management of a single business name, All Master Temporary Use Permits shall be consistent with the following provisions: a, Duration, Minor Weekend Promotional Events may begin at 12:00 p.m, on Friday and be completely removed by 10:00 a,m, the following Monday. If the following Monday is a state holiday, then the event must terminate by 10:00 a.m. on the day after the following Monday, b, Canopies, I. The maximum number of canopies per site is two (2). il. The maximum square footage of each canopy may not exceed 399 square feet. iil. Canopies shall not be located within 20 feet of property lines or in the right-of-way, Iv. Canopies shall be adequately braced and anchored to prevent weather-related collapse, R:\Ordinances\Auto Mall Signage\Ordinance.doc 2 v, Canopies must be in good condition. Weathered or dilapidated canopies shall not be used, vi. Canopies shall be composed of flame-resistant material or shall be treated with a flame retardant in an approved manner and shall have permanently affixed labels bearing the identification of flame retardant fabric and/or the date and type of flame retardant applied, vii. Open flames (cooking equipment, heating sources, etc,) shall not be located within 20 feet of a canopy, viii. Portable Fire Extinguishers (Type 2A:l0B:C) shall be kept within 75 feet of each canopy used on site, ix, No signage or advertising shall be attached to the canopies, c, Banners, i. The maximum number shall be 2 banners per site, Ii. The maximum area for each banner shall not exceed 32 square feet. iii. The vertical dimension shall not exceed 3 feet and shall not be located more than 6 feet above the ground, unless the banner is attached to the building, iv, Banners shall be mounted to a frame, The frame shall be constructed of attractive permanent materials and shall be constructed so that no additional supports or bracing is required, d, Jolly Jumps. The maximum number of Jolly Jumps, or other similar child entertainment devices, shall be one (1) per site. e, Food Services. Food services are allowed subject to all rules and regulations of the Riverside County Health Department. f, Balloons, The standards for helium and ambient balloons shall be the same as those standards defined in Chapter 17,28, g, Activities associated with Minor Weekend Promotional Events shall not block, restrict or impair any of the following: i. The public's view of another business or activity, ii. The public's view of the signage for another business or activity, i1i. The view or visibility of the operator of any motor vehicle. iv, The movement of any pedestrian or motor vehicle, v. The points of ingress and egress to a site." R:\Ordinances\Auto Mall Signage\Ordinance.doc 3 Seclion 5. The City Council of the City of Temecula hereby amends Section 17,04.020.B.4 of the Temecula Municipal Code by adding Exhibit 17,04,020 as follows: "EXHIBIT 17,04,020 AREA B FOR MINOR WEEKEND PROMOTIONAL EVENTS AT AUTOMOBILE AND TRUCK DEALERSHIPS" Section 6, The City Council of the City of Temecula hereby amends Section 17,04,020,E,l of the Temecula Municipal Code to read as follows: "1, Provision for a fixed period not to exceed ninety days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the director, except that residential model home complexes and automobile and truck dealerships may be approved for any appropriate period of time," Section 7, The City Council of the City of Temecula hereby amends Section 17,28.050,G,3 of the Temecula Municipal Code to read as follows: R:\Ordinances\Aulo Mall Signage\Ordinance.doc 4 "3. They shall not be displayed for more than three days for each calendar month and in no case for more than three consecutive days at a time, except that automobile and truck dealerships may display balloons pursuant to Section 17,04.020,8.4," Section 8. The City Council of the City of Temecula hereby amends Section 17,28,230 of the Temecula Municipal Code by adding Subsection C that reads as follows: "C. Requirements for Freestanding Tenant Identification Signs at Automobile and Truck Dealerships, Freestanding tenant identification signs are intended to identify automobile and truck dealerships in commercial districts and shall comply with the following provIsions. For purposes of this Subsection, a dealership site means an automobile sales business on one or more contiguous legal parcels of land, selling one or more brand names under the management of a single business name, 1. The maximum number of freestanding tenant identification signs (multi or single tenant sign) is one per dealership, 2, The maximum area for freestanding tenant identification signs or building identification signs shall be 72 square feet (including the area for all makes of vehicles and the dealership name), 3, The maximum sign structure height for all freestanding tenant identification signs shall be 8 feet. 4, The maximum sign structure width all freestanding tenant identification signs shall be 12 feet." Seclion 9, Sunset Provision, The Development Code amendments contained in Sections 1, 2, 3, 4, 5, 6 and 7 of this Ordinance shall expire November 14, 2006, unless the City Council affirmatively determines to continue or extend these provisions. Section 10. Environmental Compliance, The proposed amendment represents a minor change to the Development Code to establish a master temporary use permit that allows automobile and truck dealerships to conduct minor weekend promotional events, to increase the number of allowable minor temporary use permits from 2 to 4 per year, and to increase the allowable size of freestanding tenant identification signs for automobile and truck dealerships. When a site-specific application is filed with the City, a determination will be made at that time, as to the type of environmental review necessary to comply with the provisions of the California Environmental Quality Act. The City Council has reviewed the information contained in the Initial Environmental Study and hereby finds that the adoption of this ordinance could have no potential for an adverse effect on the environment and the adoption of this ordinance is exempt from review under the California Environmental Quality Act pursuant to Section 15061 (b)(3) of the CEQA Guidelines. Section 11. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance, The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court R:\Ordinances\Auto Mal] Signage\Ordinance.doc 5 of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Seclion 12. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law, Seclion 13, Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places, Section 14, This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City, PASSED, APPROVED AND ADOPTED this _th day of _, 2005. Jeff Comerchero, Mayor ATTEST: Susan W, Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _th day of , 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _th day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: Susan W, Jones, CMC City Clerk R:\Ordinances\Aulo Mall Signage\Ordinance.doc 6 ATTACHMENT NO.2 PLANNING COMMISSION RESOLUTION 2005-23 R:\Ordinances\Auto Mall Signage\CC Staff Report.doc 6 PC RESOLUTION NO. 2005-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS AND TO CHANGE THE MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE AUTO MALL AREA, AND TO ALLOW LARGER FREESTANDING TENANT IDENTIFICATION SIGNS FOR AUTOMOBILE AND TRUCK DEALERSHIPS. (PLANNING APPLICATION NO. PA05-0047)" WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25,1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, the Planning Commission considered the proposed amendment on April 20, 2005, at a duly noticed public hearing as prescribed by law, at which time the. City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recommendation, That the City of Temecula Planning Commission hereby recommends that the City Council adopt an ordinance amending Chapters 17,04 and 17.28 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Compliance, The Planning Commission recommends that the City Council make a determination that the above described ordinances have no potential for an adverse effect on the environment and that pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines, no further environmental analysis is required, R:IOrdinanceslAuto Mall SignagelPC RESOLUTION.doc Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20.h day of April, 2005, ATTEST: 9'Wx~~ Debbie Ubnoske. Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA . ) I, Debbie Ubnoske. Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No, 2005-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20.h day of April, 2005, by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Telesio NOES: o PLANNING COMMISSIONERS: ABSENT: 1 PLANNING COMMISSIONERS: Olhasso ABSTAIN: 0 PLANNING COMMISSIONERS: 7;Jh~~ K~ Debbie Ubnoske, Secretary R:IOrdinanceslAuto Mall SignagelPC RESOLUTION.doc 2 ATTACHMENT NO.3 AREA B MAP R:\Ordinances\Auto Mati Signage\CC Staff Report.doc 7 AREA B FOR MINOR WEEKEND PROMOTIONAL EVENTS AT AUTOMOBILE AND TRUCK DEALERSHIPS R:\Ordinances\Auto Mall Signage\CC Staff Aeport.doc 8 ITEM 19 APPROVAL CITY ATTORNEY '-ttJf?1ii2-- DIRECTOR OF FINANC6..II~ CITY MANAGER / 7 V CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/C~. foyncil Debbie Ubnos~ '6irector of Planning DATE: May 24, 2005 SUBJECT: Consistency Rezoning Ordinance (PA05-00B5) PREPARED BY: David Hogan, Principal Planner RECOMMENDATION: That the City Council: 1, Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PAOS-008S) BACKGROUND: With the adoption of the Updated General Plan, there is a need to amend the Development Code to make the Code consistent with changes in the General Plan, The majority of these changes are a result of the three new Land Use Designations on the General Plan Land Use Map. The three new Land Use Designations are Rural Residential, Vineyard/Agriculture, and Tribal Trust Lands, In addition to the new Land Use Designations, the General Plan also provides the foundation for future Mixed Use Development. To incorporate all of these items into the Development Code, staff envisions three different consistency rezoning ordinances, The first Ordinance, that is being considered tonight, will address the basic consistency rezoning needs and the changes to the Official Zoning Map. The second consistency rezoning effort will focus on mixed use zoning and development standards, while the third consistency rezoning ordinance will focus on implementing the Vineyard/Agricultural Land Use Designation. Staff will begin the development process on the Mixed Use standards after the adoption of this initial ordinance. The development of the Vineyard/Agricultural zoning provisions is expected to begin this fall. The Planning Commission considered the proposed Ordinance on May 4, 2005. Following staff's presentation and a brief Commission discussion, the Planning Commission adopted a resolution recommending that the City Council approve the proposed Ordinance. R:\Development Code\OS.0085 Amendment {Consistancy Rezoning1 )\Staff Report CC1.doc 1 The proposed ordinance before you tonight will address the basic consistency rezoning changes that are needed to ensure minimum consistency with the General Plan, This proposed ordinance will make the following initial changes to the Development Code (Title 17 of the Temecula Municipal Code): . Update the General Plan Land Use Designation - Zoning District Consistency Table in the Development Code; . Create a Rural Residential Zoning District (5-acre minimum lots); . Add a Golf Course Resort use to the Permitted Use Table for the Open Space Zones; . Create a Tribal Trust District; and, . Amend the Official Zoning Map. In addition, there will be some changes to the Minor Exceptions Section to the Development Code (Section 17.03,060), Special Use Standards and Regulations Section (Section 17,06,050,0), as well as, the Permitted Use and Development Standards Tables for residential zones (Table 17,06.030). These changes all relate to the addition of the Rural Residential zone as part of the General Plan Update, These changes are contained in Attachment NO.3. General Plan and Zoninq Consistency Conformity between the General Plan Land Use Map and the Official Zoning Map is established in Chapter 17,02 of the Development Code, Table 17,02,020 defines how the zones implement the Land Use Designations on the General Plan Land Use Map, The changes to the General Plan, Zoning Consistency table include adding the Rural Residential General Plan Land Use Designation and Zoning District, integrating the Tribal Trust Lands into the Public Institutional Zone, and renaming the Business Park Land Use Designation to Industrial Park. The updated Table is incorporated into the proposed Ordinance contained in Attachment No, 1, Rural Residential Zone The Update of the General Plan resulted in a new Land Use Designation for 5-acre minimum lots, Most of the areas proposed for this designation are in the rural portions of the Planning Area east of Butterfield Stage Road. To implement this General Plan Land Use Designation, staff is proposing a new zoning district to be called Rural Residential. The requirements for this proposed Zone are a hybrid of the Hillside Residential (HR) and Very Low Density Residential (VL) Zones, The permitted uses for the RR Zone were based upon the VL Zone, while the development standards (setbacks, lot coverage, etc,) were modeled from the Hillside Residential (HR) Zone, The proposed use matrix and development standards for the RR Zone are contained in Exhibits "A" and "B", respectively, of Attachment No, 1, Golf Course Resort The General Plan contains a Resort Commercial Overlay to address golf course resorts, During the review of the Development Code following the adoption of the General Plan, it was determined that there was a need to add a land use description for golf course resort, As a result, staff is proposing to add a listing for golf course resort to Table 17,14,030. Given the rather broad range of possible uses, activities and layouts, the Planning Commission is recommending that a conditional use permit be required for golf course resorts, R:\Development Code\OS.0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 2 Tribal Trust Lands The Pechanga Band has acquired a number of properties within the Sphere of Influence and City Limits over the last few years. Many of these properties have been designated as Tribal Trust Lands by the Federal Government. To reflect this, these Federally-designated properties have been designated as Tribal Trust Lands on the General Plan Land Use Map. In the process of developing this consistency rezoning ordinance, staff has been in contact with Tribal representatives, These discussions have resulted in a request from the Tribe to zone the properties as tribal trust lands. The proposed district contains no use or development standards and, like the General Plan, confirms that the Pechanga Band of Luisefio Indians has control over those areas. The provisions of Chapter 17,13 are contained in Section 5 of the proposed Ordinance contained in Attachment No, 1, Official Zoninq Map Accompanying this Ordinance is an amendment to the Official Zoning Map to reflect the changes made to the General Plan Land Use Map, In most cases, there is a one-to-one relationship between the General Plan Land Use Designations and the Zoning Map, However, in a handful of cases, most notably the Low Density Residential, Industrial Park and Open Space Designations, multiple zoning districts are used to implement the General Plan, As a result, the zoning for many parts of the Official Zoning Map are identical to the General Plan Land Use Map. Exceptions include areas where there are approved specific plans and planned development overlays. In these cases, the Specific Plans (SP) and Planned Development Overlays (PDO) are shown as the zoning tools to implement the General Plan, A large copy of the proposed Official Zoning rnap has been provided to the Council. The equivalency between the General Plan Land Use Designations and the City Zones are outlined in Table 17,02,020 that is contained in Section 2 of Attachment No, 1, ENVIRONMENTAL DETERMINATION The City Council certified the Final Environmental Impact Report (FEIR) for the update of the City General Plan on April 12, 2005, The consistency re-zoning process is part of the project assessed by the Environmental Impact Report for the General Pian, Since the certification of the FEIR, there have been no changes in circumstances or setting that would require the preparation of an addendum, subsequent or supplement to an EIR. As a result, the Planning Commission is recommending to the City Council that a Notice of Exemption be filed for the adoption of this ordinance, FISCAL IMPACT: The adoption of this Ordinance will have no fiscal impact. ATTACHMENTS: 1, Proposed CC Ordinance 05-_ 2, PC Resolution No, 2005-26 3, Selected Redline/Strikeout Changes to the Deveiopment Code 4, Draft City Zoning Map R:\Development Code\OS-0085 Amendment (Consistancy Rezoning1 )\Statf Report CC1.doc 3 ATTACHMENT NO.1 PROPOSED ORDINANCE A:\Development Code\05-Q085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 4 ORDINANCE NO. OS"__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMlCULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY Wlnt THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA05-008S) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the City of Temecula has undergone an extensive process of comprehensively updating the City General Plan; WHEREAS, the City Council for the City of Temecula approved a comprehensive update to the City General Plan on April 12, 2005; WHEREAS, the City of Temecula desires to ensure that the City Zoning Map and Municipal Code are consistent with the updated General Plan; WHEREAS, the Planning Commission held a duly noticed public hearing on May 4, 2005, and recommended that the City Council approve these amendments to the Official Zoning Map and Municipal Code; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on May 24, 2005 to consider the proposed amendments to the Official Zoning Map and Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Table 17,02.010 to add the following zones into the Zoning Districts Established table: Zoning Districl Description Rural residential Tribal trust Districl Abbreviation RR TT Code Chapter 17,06 17,13 R:\Development Code\OS.0085 Amendment (Consistancy Rezoningl )\Staff Report eel.doc 5 Section 2. The City Council of the City of Temecula hereby replaces Table 17.02,020 with the following: Table 17.02.020 Consistency Between the General Plan and the Zoning Districts General Plan Land Use Designa1ion Zoning District Hillside residential Hillside residential (HR) Rural residential Rural residential (RR) Very low density residential Very low density residential (VL) Low density residential Low density residential (L-l) Low density residential (L-2) Low medium density residential Low medium density residential (LM) Medium density residential Medium density residential (M) High density residential High density residential (H) Neighborhood commercial Neighborhood commercial (NC) Community commercial Community commercial (CC) Highway/tourist commercial Highway/tourist commercial (HT) Service commercial Service commercial (SC) Professional office Professional office (PO) Industrial park Business park (BP) Light industrial (L1) Public/institutional Public Institutional (PI) Tribal trust lands Tribal trust (TT) Open space (OS) Open space/recreation Public park and recreation (PR) Conservation (OS,C) Specific Plan (SP-X) These special Zoning Districts may be Planned Development Overlay (PDO-X) used to represent any combination of General Plan Land Use Designations: Village Center Plan (VC-X) Floodplain Overlay District (FP) Section 3. The City Council of the City of Temecula hereby amends Subsection 17.03.060.B.l by adding the following sentence to the end of the Subsection: "Encroachments into the required yard areas that are not normally allowed within the HR and RR Zones may be allowed up to the maximum encroachment identified in Table 17.06.050,B," R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 6 Section 4. The City Council of the City of Temecula hereby amends Chapter 17,06 by making the following changes. A, Section 17.06,020 is hereby amended by adding a new subsection "B", and the renumbering of the subsequent subsections, to read as follows: "Rural Residential (RR), The rural residential zoning district is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over twenty-five percent. Typical lot sizes in the RR district are 5 acres and larger," B, Table 17,06,030 is hereby amended as depicted in Exhibit "A", C. Table 17,06,040 is hereby amended as depicted in Exhibit "B", D, Amend Subsection 17,06,050,D,2 to include the reference to the "RR" between "HR" and "VL", E. Amend Subsection 17,06,050.0.4 to read as follows: "Setbacks, Setback requirements and the placement of accessory structures in the required yards for the VL, L-1, L-2, LM, M, and H Zones are set forth in Table 17.06.050A, Accessory Structures Setbacks, In the HR and RR Zones, no accessory structures are allowed within the required yards," F. Amend the title for Table 17,06,050A to read as follows: "Accessory Structure Setbacks for the VL, L-l, L-2, LM, M, and H Zoning Districts," G. Amend Subsection 17,06.050,F to read as follows: "Maximum Encroachments into Yard Areas. The items indicated in Table 17,06,050B, Maximum Encroachments into the Required Yard Areas, for the VL, L-l, L-2, LM, M, and H Zones may encroach into the required yards subject to the conditions placed upon those items by the table, In the HR and RR Zones, no encroachments are allowed into the required yards," H, Amend the title for Table 17,06.050B to read as follows: "Maximum Encroachments into Required Yard Areas for the VL, L-l, L-2, LM, M, and H Zoning Districts" Section 5. The City Council of the City of Temecula hereby adopts Chapter 17,13 to read as follows: "CHAPTER 17.13 TRIBAL TRUST DISTRICT SECTIONS: 17.13.010 17.13.020 Purpose and intent. Tribal trust lands district. R:\Development Code\05-Q085 Amendment (Consistancy Rezoning1)\Staff Report CC1.doc 7 17.13.010 PURPOSE AND INTENT, The tribal trust district is intended to recognize federal tribal trust status of lands within the City of Temecula, 17.13.020 TRIBAL TRUST LANDS DISTRICT. The city exercises no development or zoning control over properties designated as tribal trust lands in the general plan, These properties are under the sole jurisdiction and control of the Pechanga Band of Luisefio Indians." 5eclion 6. The City Council of the City of Temecula hereby amends Chapter 17,14 by adding the following land use listing to Table 17,14,030: Schedule of Uses Golf course resort (including accessory visitor supporting accommodations and commercial uses such as hotels, fractional ownership units, day spa, restaurants, and conference center,) PR C OS OS-C Section 7. The City Council of the City of Temecula hereby amends the Official Zoning Map for the City of Temecula to reflect the changes to the Updated General Plan as contained in Exhibit "C". Section 8. Severability, The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 9. Environmental Compliance, The Final Environmental Impact Report for the Update of the General Plan and related amendments tl) the Development Code was certified on April 12, 2005, The City Council hereby makes the following findings: (1) that this Ordinance is part of the consistency re-zoning process was included in the project assessed by the environmental impact report for the General Plan Update, and (2) that since the Certification of the FEIR, there have been no changes in circumstances or setting that would require the preparation of an addendum, subsequent or supplement to an EIR, As a result, the City Council hereby finds that this Ordinance is exempt from further environmental review because it is included as part of a project for which an environmental impact report was prepared. Section 10. Notice of Adoption, The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law, Section 11. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage, The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 12. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City, R:\Development Code\05.0085 Amendment (Consistancy Rezoningl )\Staff Report eel.doc 8 PASSED, APPROVED AND ADOPTED this 24th day of May, 2005, Jeff Comerchero, Mayor ATTEST: Susan W, Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W, Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of May, 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _th day of . 2005, by the following vote: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Susan W, Jones, CMC City Clerk R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 9 EXHIBIT A TABLE 17,06.030 A:\Development Code\05-0085 Amendment (Consistancy Aezoning1 )\Staff Report CC1.doc 10 Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Residential Single-family detached p p p p p p p - Duplex (two-family dwellings) - - - 2 - 2 - 2 P P , Single-family attached (greater than two - - - - - p p p units) Multiple-family - - - - - - p p Manufactured homes P P P P P P P P Mobilehome park - , C C C C C C Facilities for the mentally disordered, P P P P P P P P handicapped, or dependent or neglected children (six or fewer) Facilities for the mentally disordered, C C C C C C p P handicapped, or dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or P P P P P P P P treatment faciiity (six or fewer) Alcoholism or drug abuse recovery or C C C C C C p P treatment facility (seven or more) Residential care facilities for the elderly P P P P P P P P (six or fewer) Residential care facilities for the elderly C C C C C C p p (seven or more) Congregate care residential facilities for , - - , p p p p the elderly 6 Boarding, rooming and lodging facilities - - - - - - C C Secondary dwelling units P P P P P P P P Granny Flat P P P P P P p4 p4 Guest House P P P P P P p4 p4 Family day care homes-small P P P P P P P P Family day care homes-large 1 C C C C C C C C Day care centers C C C C C C C C Bed and breakfast establishments 6 C C C C C C C C Emergency shelters C C C C C C P P Transitional housing C C C C C C p p R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 11 Table 17.06.030 Residential Dislricts Description of Use HR RR VL L-1 L-2 LM M H Non-Residential Agriculture/open space uses 6 P P P P P P P P Religious institutions C C C C C C C C Public utility facilities C C C C C C C C Educational institutions C C C C C C C C Public libraries C C C C C C C C Public museums and art galleries (not for C C C C C C C C profit) Kennels and catteries 6 C C C - - - - - Noncommercial keeping of horses, P P P P P - - - cattle, sheep and goats 6 Temporary real estate tract offices P P P P P P P P Recreational Vehicle Storage Yard 3 - C C C C C C C Parking for commercial uses - - - - - - P P Nonprofit clubs and lodge halls - - - - - - P P Convalescent facilities - - - - - - P P Golf courses C C C C C C C C Home occupations P P P P P P P P Construction Trailers 5,6 P P P P P P P P Notes: 1. Subject to the provisions of Section 17,04.050 and Section 17,06,050.1, Family Day Care Home Design Standards, 2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22, 3, Subject to the provisions of Section 17,24,020(D)(2), 4. Allowed only with a single,family residence, 5, The director of planning shall have the discretion to waive submittal of an Administrative Development Plan if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses, 6, Subject to the supplemental development standards contained in Chapter 17,10, Legend p= Permitted by right in the district c= Permitted by conditional use permit - - Use is orohibited in the district R:\Development Code\05-0085 Amendment (Consistancy Aezoning1 )\Staff Report CC1.doc 12 EXHIBIT B R:\Development Code\05-0085 Amendment (Consistancy Rezoningl )\Staff Report eel.doc 13 Table 17.06.040 Developmenl Standards - Residenlial Districts Residential Development Standards HR RR VL 1.-1 L-2 LM M H LOT AREA Minimum net lot area 7,200 7,2004 - - - - - - (square feet) Minimum net lot area 10 5 2.5 1 Y2 - - - (acres) Dwelling units per net acre' - - - - - - 12 20 LOT DIMENSIONS Minimum lot frontage at 50 50 40 40 30 30 30 30 front property line (feet) Minimum lot frontage for a flag lot at the front property 40 40 30 30 25 20 20 20 line (feet) Minimum width at required 100 100 100 70 50 50 40 30 front setback area (feet) Minimum average width 100 100 80 70 60 50 50 50 (feet) Minimum lot depth (feet) 150 150 120 100 90 80 100 100 SETBACKS Minimum front yard (feet) 40 40 25 25 25 20 20 20 AVq2 AVq,2 AVq,2 Ave.2 Minimum corner side yard 40 40 15 15 15 15 15 15, (feet) Minimum interior side yard 25 25 10 10 10 Vari- Vari- Vari- (feet) able3 able3 able3 Minimum rear yard (feet) 25 25 20 20 20 20 20 20 OTHER REQUIREMENTS Maximum height (feet) 35 35 35 35 35 35 40 50 Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30% coverage Open space required 90% 75% 70% 60% 40% 25% 25% 30% Private open space/per unit NA NA NA NA NA NA 200 150 R:\Devefopment Code\05-0085 Amendment (Consistancy Rezoningl )\Staff Report eel.doc 14 Table 17.06.040 Developmenl Standards - Residential Dislricts Residential Development Standards HR RR VL L-1 L-2 LM M H Notes: 1, Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17,10,020, 2, Variable front yard setbacks: In order to allow for a more interesting visual image and more flexible site planning variable setbacks may be permitted in the L-2, LM, M and H districts. Front yard setbacks shall have an average of at least twenty feet. Garages with entrances not facing the front yard area may be setback a minimum of ten feet, Other portions of a structure may have a front yard setback of a minimum of ten feet; however, the average setback of twenty feet shall be maintained, 3. Variable side yard setbacks: In the LM zoning district, the combined side yard setback for both sides must equal at least fifteen feet with one side having at least ten feet to provide potential vehicular access to the rear of the property and shall be located on the same side as the driveway, In the M and H zoning districts, variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than ten feet and the distance between adjacent structures is not less than ten feet. This permits a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite site yard, 4, Lot sizes below 7,200 square feet can be accommodated with the approval of a planned development overlay. R:\Development Code\OS.0085 Amendment {Consistancy Rezoning1 )\Staff Report eel.doc 15 EXHIBIT C OFFICIAL ZONING MAP R:\Development Code\OS-Q085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 16 ~ ~ ~ Zoning Map City of Temecula Map PnIpsr1ld April 27. 2004 Legend a~:: =--(MII Vert Low Den.IIy RaicIInUII (V4 '--_-lL-1j 1'--_-1'--2) low IIIid&h o..Ily.......... (I..M) IIecIum DMsIIr RaicIInUII (II) I....--(It) 1WyI~ CornftwciII (NC) ........... ...........ICCJ __........... (If1) -........... (IC) ~.... ,..Oftb(PO) ---(BP) UgN-M "'--"'(PIl __(08) IPul:llePlr\.~(PR) CoOIIIW, .IIL... (os.c) , Pbnned Dl. ~"-r-'''''' o-t.r __(lIPJ_ 0.......-_ Spedic Plm 0Yertay DisIrict SP-1 R~Eetatee(SP-164) SP...2 Ra1d'IoHigtDrDa(sp-111O) SP-3 MelrgabVillege(sp-199) SP-4 PaIome del Sol (SP...219) SP-5 Old Town SP>-6 C8rlpc>>VMhI'{Sf>..1) SP-7 TernecuaRegionelCel'lter~) SP-8 WOltlidll SP-10 VlliI~(SP-223) SP-11 ~Ran:h SP-12 WdlCNek SP-13 IilIMMIton -,- ....- - -.. "".. ,....,,, .... ""'" -- ".. ~ ,- .... ~ PAlI1'-f'OD.1 .... ~ ....-- "'" ..... ''''''''' .... .,... -. .... "'... ,"'..... ..." "'... ~8I'a,_10 ..." "".. PM8-DlI11Plll).3 "" ..... ......... "" -- ,....... .... ,.,.., ,"""'...... "". ~ ,....... - '''''''' ,...- ..." ""'" ,...... .... '''''''' '....... ,." ".... 1Wl1..ot111 ........ ~ ,....... - """'" PAll1-lllll111_'12 .... ....... ,- ..." ...... - .... N t\ - -- ---_..~~~ =:.~...::.-=-,,===.c ----~ ,,-~-~.._-- -..--.......-- ---------- -_._---- _twwa____.._...... -----.....--- - ATTACHMENT NO.2 PLANNING COMMISSION RESOLUTION NO. 200S-26 R:\Development Code\05-00B5 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 17 PC RESOLUTION NO. 200S-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PAOS-008S)" WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the City of Temecula has undergone an extensive process of comprehensively updating the City General Plan; WHEREAS, the City Council for the City of Temecula approved a comprehensive update to the City General Plan and Certified the Final Environmental Impact Report on April 12, 2005; WHEREAS, the City of Temecula desires to ensure that the City Zoning Map and Municipal Code are consistent with the updated Geneml Plan; WHEREAS, the Planning Commission considered the proposed amendment on May 4, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1, Recommendation of Approval. The Planning Commission for the City of Temecula hereby recommends that the City Council adopt an ordinance making the Development Code consistent with the recently updated General Plan substantially in the form attached to this resolution as Exhibit A, Section 2. Environmental Compliance. The Final Environmental Impact Report for the Update of the General Plan and related amendments to the Development Code was certified on April 12, 2005. This Ordinance is part of the consistency re-zoning process that was included in the project assessed by the environmental impact report for the General Plan Update, Since the Certification of the FEIR, there have been no changes in circumstances or setting that would require the preparation of an addendum, subsequent or supplement to an EIR. As a result, the Planning Commission recommends that the City Council make a finding that this Ordinance is exempt from further environmental review because it is included as part of a project for which an environmental impact report was prepared. R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 18 Section 3, PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of May 2005, David Matthewson, Chairperson ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No, 2005-26 was duly adopted and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th of May, 2005, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 19 ATTACHMENT NO.3 SELECTED REDLINE/STRIKEOUT CHANGES TO THE DEVELOPMENT CODE R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report eel.doc 20 PROPOSED NEW TEXT PR9PQIO~!;? T~XT TO 8~ !;?~b.~T~!;? 17.03,060 MINOR EXCEPTIONS. A. Purpose and Intent. Minor exceptions may be approved administratively, only when deviations from code standards are minor and no impact will occur affecting the public health and safety of adjacent properties. B, Authority of the Director of Planning, Director of planning may consider and render decisions without public hearing on requests involving minor exceptions to the provisions of this development code for the following purposes: 1, Reduction of required lot area, reduction of size of setback, parking requirements, or landscaped areas by less than fifteen percent of the code requirement. The required size of the set backs for residential lots accessing onto a cul-de-sac may be modified by up to twenty percent (20%) of the Code requirement. Encroachments into the reauired yard areas that are not normally allowed within the HR and RR Zones may be allowed UP to the maximum encroachment identified in Table 17.06.050.8. 2, Increased in the allowable building height, or lot coverage by less than fifteen percent of the code requirement. 3. Increases in the height of fences or walls by not more than ten percent of the maximum permitted height, except when such fence or wall is located in the required front yard, in which case a minor exception may not be granted. 4. Increases in the allowable size, height, number, or location of new or existing signs by less than ten percent (10%) of the standards within Chapter 17,28. R\Development Code\Q5-Q085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 21 PROPOSED NEW TEXT PIYt9POi;l;;g TI;;XT TQ Ell;; m:;:U<T1;;1;' 17.06,OSO SPECIAL USE STANDARDS AND REGULATIONS. D, Accessory Structures and Uses. 1. Location, Accessory structures shall be located only in rear and interior side yards or within the allowable buildable area, 2, Height. Accessory structures shall not exceed a height of sixteen feet. Accessory structures shall not exceed the maximum height allowed for the zone, if located in the HR, RR, VL, L-l and L-2 zones, 3, Separation, Accessory structures shall maintain a minimum separation of at least three feet from all other structures unless attached to the main structure, Except that storage and utility structures that are larger than 120 square feet shall not be located within six feet of an>)ther structure. Eaves or roof overhangs may not extend more than 1 foot into this six foot area from either direction. . 4, Setbacks. Setback requirements and the placement of accessorv structures in the required yards for the VL. L-1. L-2. LM. M. and H Zones rS8trieti€H18 €1R flr9je€lliSR are set forth in Table 17,06,050A, Accessory Structures Setbacks, In the HR and RR Zones. no accessory structures are allowed within the required yards 5, Coverage, A maximum thirty percent building coverage shall apply within any required yard area. 6, Flag Poles. A maximum height of forty feet. 7, Antennas, Are subject to the provisions of Chapter 17.40, 8, Animals Accessory to a Residential Use, The keeping of certain non-exotic or non-wild animals is considered accessory to a residential use, No more than four cats and dogs, over the age of four months, are allowed, Caged pets, including small amphibians, birds, mammals, and reptiles may be kept on the premises. This provision also includes the keeping of fish and up to two chickens, The keeping of household pets shall compl)' with the provisions of Chapter 6 of the Temecula Municipal Code, R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 22 PROPOSED NEW TEXT PRQPQSE;:!;? TE;:XT TO ~E;: !;?E;:b.E;:TE;:!;? Table 17,06,030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Residenlial Single-family detached P f p p p p p , Duplex (two-family dwellings) - - 2 - 2 2 P P - - , - Single-family attached (greater than two - - - - - p p p - units) Multiple-family - - - - - - p p - Manufactured homes P P P P P P P P Mobilehome park ==G - C C C C C C - Facilities for the mentally disordered, P f p p p p p p handicapped, or dependent or neglected children (six or fewer) Facilities for the mentally disordered, C C C C C C p P handicapped, or dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or P f p p p p p p treatment facility (six or fewer) Alcoholism or drug abuse recovery or C g C C C C P P treatment facility (seven or more) Residential care facilities for the elderly P f p p p p p P (six or fewer) Residential care facilities for the elderly C C C C C C p p (seven or more) Congregate care residential facilities for - - - - p p p p the elderly 6 - Boarding, rooming and lodging facilities - - - - - - C C - Secondary dwelling units P P P P P P P P Granny Flat P P P P P P p4 p4 Guest House P f p p p P p4 p4 Family day care homes-small P P P P P P P P Family day care homes-large 1 C C C C C C C C Day care centers C C C C C C C C Bed and breakfast establishments 6 C C C C C C C C Emergency shelters C C C C C C p p R:\Development Code\OS-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1.doc 23 PROPOSED NEW TEXT PRQPQaE;b' TE;XT TQ 8E; b'E;b.E;TE;b' Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Transitional housing C C C C C C P P Non-Residential Agriculture/open space uses 6 P P P P P P P P Religious institutions C C C C C C C C Public utility facilities C C C C C C C C Educational institutions C 52 C C C C C C Public libraries C C C C C C C C Public museums and art galleries (not for C Q C C C C C C profit) Kennels and catteries 6 C C C - - - - - Noncommercial keeping of horses, P e P P P - - - cattle, sheep and goats 6 Temporary real estate tract offices P P P P P P P P Recreational Vehicle Storage Yard 3 - C C C C C C C Parking for commercial uses , - - - - - P P - Nonprofit clubs and lodge halls - - , - - , P P - Convalescent facilities - - , - - - P P - Golf courses C C C C C C C C Home occupations P e P P P P P P Construction Trailers 5,6 P P P P P P P P Notes: 1. Subject to the provisions of Section 17,04,050 and Section 17,06,050,1, Family Day Care Home Design Standards. 2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22. 3, Subject to the provisions of Section 17,24,020(D)(2), 4, Allowed only with a single-family residence, 5, The BIlR'lR'lIlRitj' €le':elllflR'leRt director of planninq shall have the discretion to waive submittal of an Administrative Development Plan if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses, 6, Subject to the supplemental development standards contained in Chapter 17,10, Legend p= Permitted by right in the district c= Permitted by conditional use permit - - Use is prohibited in the district R:\Development Code\05-0085 Amendment (Consistancy Rezoning1 )\Staff Report Get.doc 24 PROPOSED NEW TEXT PA9PQ5liQ TliXT ':;9 ~Ii Qlib.liTliQ Table 17.06.040 Development Standards - Residenlial Districts Residential Development Standards HR RR VL L-1 L-2 LM M H LOT AREA Minimum net lot area 7,200 7,200 ~ - - - - - , - (square feet) - ~ Minimum net lot area 10 ~ 2,5 1 Yo (acres) - - - Dwelling units per net acre' - - - - - - 12 20 - LOT DIMENSIONS Minimum lot frontage at 50 50 40 40 30 30 30 30 front property line (feet) Minimum lot frontage for a flag lot at the front property 40 40 30 30 25 20 20 20 line (feet) Minimum width at required 100 100 100 70 50 50 40 30 front setback area (feet) Minimum average width 100 100 80 70 60 50 50 50 (feet) Minimum lot depth (feet) 150 150 120 100 90 80 100 100 SETBACKS Minimum front yard (feet) 40 40 25 25 25 20 20 20 Ava 2 Ava,2 Ava.2 Ave,2 Minimum corner side yard 40 40 15 15 15 15 15 15, (feet) Minimum interior side yard 25 25 10 10 10 Vari- Vari- Vari, (feet) able3 able3 able3 Minimum rear yard (feet) 25 25 20 20 20 20 20 20 OTHER REQUIREMENTS Maximum height (feet) 35 35 35 35 35 35 40 50 Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30% coverage Open space required 90% 75% 70% 60% 40% 25% 25% 30% Private open space/per unit NA NA NA NA NA NA 200 150 (square feet) R:\Development Code\OS-0085 Amendment (Consistancy Rezoning1 )\Staff Report CC1 .doc 25 PROPOSED NEW TEXT PRgrg~IOD TIOXT TO ElIO glOb.lOTlO!;? Table 17.06,040 Development Standards - Residential Districts Residential Developmenl Standards HR RR VL L-1 L-2 LM M H Notes: 1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17,10,020, 2. Variable front yard selbacks: In order to allow for a more interesting visual image and more flexible site planning variable setbacks may be permitted in the L-2, LM, M and H districts, Front yard setbacks shall have an average of at least twenty feet. Garages with entrances not facing the front yard area may be setback a minimum of ten feet. Other portions of a structure may have a front yard setback of a minimum of ten feet; however, the average setback of twenty feet shall be maintained, 3, Variable side yard setbacks: In the LM zoning district, the combined side yard setback for both sides must equal at least fifteen feet with one side having at least ten feet to provide potential vehicular access to the rear of the property and shall be located on the same side as the driveway, In the M and H zoning districts, variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than ten feet and the distance between adjacent structures is not less than ten feet. This permits a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite site yard, 4. Lot sizes be/ow 7.200 SQuare feet can be accommodated with the aoorova/ of a o/anned deve/ooment over/avo R:\Development Code\05-Q085 Amendment (Consistancy Rezoning1 )\Staff Report Cet.doc 26 ATTACHMENT NO.4 PROPOSED ZONING MAP R:\DeveJopment Code\05-0085 Amendment (Consistancy Aezoningl )\Staff Report eel.doc 27 ITEM 20 APPROVAL IIZ. r CITY ATTORNEY / DIRECTOR OF FINAN~ ~ CITY MANAGER O!)" CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: May 24, 2005 SUBJECT: Weed Abatement Lien Resolution for FY 2004-2005 PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council Adopt a Resolution Entitled: RESOLUTION NO. 05"_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2004.200S BACKGROUND: The City of Temecula is responsible for weed abatement for properties that are not cleared of hazardous weeds during the spring and summer abatement season. The City contracts with local weed abatement specialists to bring parcels with hazardous conditions into compliance with the Temecula Municipal Code, The owners of these parcels are billed by the City to recover the costs of the contractor plus an administrative fee, Property owners are bilied for the forced abatement. If the owners do not respond to the billing request, the City is required to place a lien on the property to recover the costs. The lien process requires that a public hearing be held before the City Council to hear comments from the property owners with respect to the costs proposed to be assessed against their properties and to confirm those costs, Foliowing the public hearing, the Council must adopt a resolution for the fiscal year which: . Confirms the costs incurred by the City in performing the weed abatement work. . Provides that the actual abatement costs wili become a lien upon the properties, and upon recordation, in the amount of the costs. . Provides that the Resolution wili be transmitted to the Riverside County Treasurer-Tax Coliector so the amounts of the assessments would be entered upon the parcels as they appear on the assessment rolis and the costs wili be coliected on the property tax bill. Staff is requesting Council action for the Fiscal Year 2004-2005, With the Council's positive action, staff wili forward the adopted resolutions to our consultant for placement with the Riverside County Treasurer-Tax Coliector. A:\BROWNS\Code\weed abatemet\weed abatement Q4-05\weed abatement CC Stalrpt 5-24-05 .doc FISCAL IMPACT: The recording of these liens will enable the City to recover abatement costs through the County's property tax collection system, The City will recover the line item budgeted amounts paid out to the weed abatement contractors, further, the City will recover an administrative fee placed on each parcel that was abated through City contracted abatement specialists, For the FY 2004-2005 we will recover $15,150,20. ATTACHMENTS: Resolution No, 05-_ Exhibit "A" Abatement Charges, Fiscal Year 2004-2005 A:\BROWNS\Codelweed abatemet\weed abatemell! 04-05\weed abatement CC Slalrpl 5-24-05 .doc Resolution No. OS-_ Exhibit "A" Abatement Charges, Fiscal Year 2004-2005 R:\BROWNS\Code\weed abatemet\weed abatement 04-QS\weed abatement CC Stafrpt 5-24-05 .doc RESOLUTION NO. 05"_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2004-200S Whereas, following a public hearing held on April 23, 1991, the City Council of the City of Temecula adopted Ordinance No. 91-18 which became effective on June 28, 1991 and which provides for expedited abatement of hazardous vegetation from vacant lots and parcels, and; Whereas, said abatement of hazardous vegetation has been completed for each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each parcel, and; Whereas, public hearings were held concerning the cost of abatement of these parcels and the Council heard all objections of property owners liable to be assessed for the cost of abatement, and; Now, Therefore, be it resolved by the City Council of the City of Temecula as follows: Section 1. All of the recitals herein set forth are true and correct, and the City Council so finds and determines. Section 2. The list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien of said land in the amount of the respective assessments. Section 3. A copy of this resolution shall be transmitted to the Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code. Section 4. That the costs against any parcel of land listed in Exhibit "A" assessed by this resolution and the lien created thereby shall be deemed discharged and released upon the payment for said parcel of the property taxes for the tax year above-noted. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 24 day of May, 2005. Jeff Comerchero, Mayor R:\BROWNS\<;ode\weed abatemet\weed abatement 04-05\Weed Abatement Reso FY 04-05.docl ATTEST: Susan W, Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA) I, Susan W, Jones, CMC, City Clerk of the City of Temecula, California, 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 thereof held on the 24 day of May, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W, Jones, CMC City Clerk R:\BROWNS\Code\weed abatemet\weed abatement 04-05\Weed Abatement Reso FY 04-0S.doc2 Resolution No. 05-_ Exhibit "A" City of Temecula, Abatement Charges, Fiscal Year 04-0S 909-370-023 909-370-037 921-020-068 921-180-004 921-211-001 921-211-014 921-730-004 921-730-005 921-730-006 921-730-015 921-730-023 922-170-013 944-330-001 944-330-003 944-330-008 944-330-01 7 944-330-01 9 957-130-016 957-130-017 957-130-020 957-190-001 959-070-001 959-070-002 959-070-008 959-070-011 959-080-002 961-010-039 Total MS Temecula II MS Temecula II Lot 11 BPD LLC Harold P George Charles J Fiacco Lookout Mountain Dev North Plaza North Plaza North Plaza North Plaza North Plaza Jon A Moramarco Rancho California Highlands II Rancho California Highlands II Rancho California Highlands II Rancho California Highlands II Rancho California Highlands I Joseph G Turgeon A & Van Van Richard Thomas L & Janet Gropp Barbara Davis Bridgeport Builders LLC Bridgeport Builders LLC Bridgeport Builders LLC Bridgeport Builders LLC Inland Regional Medical Center Inc Rainbow Canyon Development $340.00 $375,00 $375,00 $430,00 $235,00 $235,00 $450,65 $437,50 $645,00 $455,00 $775,00 $280,15 $2,330.00 $ L227 .35 $500,90 $650,00 $408.65 $375.00 $305.00 $305,00 $515,00 $810,00 $810,00 $705,00 $235.00 $630,00 $310.00 $15,150.20 DEPARTMENTAL REPORTS CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Jim O'Grady, Assistant City Manager May 24, 2005 DATE: 5UBJECT: Economic Development Monthly Departmental Reports Prepared by: Gloria Wolnick, Marketing Coordinator The following are the recent highlights for the Economic Development Department for the month of April 2005. ECONOMIC DEVELOPMENT Leads and Inauiries In the month of April, the City received a lead on a small manufacturer and sales organization of orthopedic devices looking to relocate their headquarters from oul of state. During the months of February and March, the Southwest California Economic Alliance received 3 leads consisting a printer manufacturer, R.V. Service Facility and medical device manufacturer. On April 13th, staff met with representatives of a Water Park operator and discussed a potential water park facility in the Temecula Valley area, Staff provided the City of Temecula's updated geocoded Business License data to GIS Planning for use in the Southeast California Economic Development Alliance website. The Alliance site will be updated by May 1st as GIS Planning is currently upgrading the site to the newest version of its software, Staff provided a land property owner listing to David Harlow, International Trade Consultant. The City of Temecula and Southwest California Economic Alliance mailed a letter to Temecula land owners explaining to them the benefits of the Foreign Trade Zone. Southwest California is looking to establish the region as a Foreign Trade Zone designation. Business Retention Economic Development Corporation of Southwest California reported that as of March 2005, there have been a total of 17 retention visits with a goal of 60 at year end. \\San3\cily manageriWoLnickg\DEPT REPORTS\May '05.docCITYMGRIWOLNrCKGIAUGUST'OODEPT.REPT.DOC SDecial Events Mayor Comerchero attended the Henry's Market Ribbon Cutting Ceremony on April 13th. Henry's is located on Hwy, 79 South at Meadows Parkway. The Mayor provided Henry's with a welcome letter, Staff provided assistance to the City's Public Work's Department on hosting the Maintenance Superintendents Association Secretaries Luncheon, which was held at Callaway Winery on April 28th. The MSA organization was founded in 1966 and is made up of professionals from the general fields of public works, services, maintenance, and operations. All cities in the Inland Empire/Desert area are members, Hosting such events as this allows Temecula the opportunity to market itself to individuals within our same region, Media/Outreach Materials Staff is worked closely with Dr. John Husing on finalizing the update for the Temecula Demographic Community Profile. The profile is expected to be completed May 2005 and Mr, Husing will be presenting the information to City Council on June 21st, Staff wrote the City article for the April Chamber of Commerce Newsletter on the State of the City Address which was held in March, The event, previous year's accomplishments and upcoming developments were highlighted, Gregory Lee of the Alliance is working with the IEEP on articles about Temecula and other parts of Riverside County. Vicky Reitz, who is senior editor for Medical Design magazine met with representatives of Guidant on the afternoon of April 27, and will be doing a story about Guidant and possibly other medical device manufacturers in this region. Staff, a representative from IEEP, SW California Economic Alliance and from Porter Novella Public Relations Company as well as Ms. Reitz met for a dinner meeting at Thornton Winery, MeetinQs Staff attended the Economic Development Corporation of SW Riverside County Business Relations Committee Meeting on April 7th at UCR Extension. Chair Stan Harter explained to guests what the Business Relations Committee's goals were and the need to build new business relationships, A new contact list was distributed to committee members to follow-up with. 60 surveys have been completed to date. Staff reported on the Temecula Library Bid Opening and the Jefferson Improvement Project status, Diaz Road slated next for roadwork and pothole problems throughout the region were discussed, Staff attended the Economic Development Corporation of SW Riverside County Board of Directors Meeting on April 21st at the Southern California Gas Company, Murrieta, An update was provided on the FIRST Team Robotics, review SWOT feedback results, and ad in Temecula Valley Chamber of Commerce Community Resource Guide, Updates were provided on the upcoming EDC Golf Tournament, new EDC logo and public relations outreach, and local television station for SW California. The Board of Directors approved to author a letter of support for Assembly Bill 903 - An act to amend Government Code relating to cable television franchises. Staff attended the Partners in Education Committee Meeting on April 4th, Items discussed: recap of training at the Chamber in April for the Youth Career Preparation Workshops, Representative of Chaparral High School gave a review of the school's activities including 8th grade 4-year plan, 10th grade sophomore presentation, college night in the fall, career fair, career center speakers, Rap programs, discovery on computers in career center, 11 th graders \\San)\city manager\Wolnickg\DEPT REPORTS\May '05.docClTYMGRIWOLNICKOIAUGUST'OODEPT.REPT.DOC 2 taking the ASVAB and free diagnostic career tools available to students. Committee members discussed how they could partner with the schools to get the word out. Discussion centered on advertising of the ASVAB and getting parents and students interested. Topics included parent and student education campaign and fund raising, Staff attended an Economic Alliance of Southwest California lunch meeting with an account representative from Porter Novella Public Relations Company. The partners provided the representative with information on their city which will enable Porter Novella to write articles about our area for trade publications and selected print media. Focus is on attracting high end companies to locate in Southwest California, Porter Novella has been retained by the Inland Empire Economic Partnership (IEEP) to handle its national business attraction campaign cities. Staff attended meeting on the Temecula Higher Education Project on April 11th and reviewed progress on the planned project. Staff attended a presentation on the Edison Savings By Design Program on April 18th, Savings By Design is a program to encourage high-performance nonresidential building design and construction, Sponsored by four of California's largest utilities under the auspices of the Public Utilities Commission, Savings By Design offers building owners and their design team a wide range of services: design assistance, owner incentives and design team incentives. The Southwest California Economic Alliance Broker Breakfast was held on April 12th at Temecula Creek Inn, City updates were provided by representatives from Lake Elsinore, Murrieta and Temecula. David Harlow made a presentation on establishing a Foreign Trade Zone in our region. Gregory Lee provided an update on the Alliance website. Staff attended the Southwest California Economic Alliance Partner's Meeting on April 26th Agenda items included updates on the Alliance GIS website, jobs database, Southwest Airlines tie-in, print advertising options, and National Association of Industrial and Office Properties event highlight Southwest California region, On April 28th, staff met with Steve Mannix and Jeff Riddix of Plant Equipment to discuss planned expansion and development fees, \\San3\city manager\WolnickglDEPT REPORTS\May '05.docCITYMGR\WOLNICKGIAUGUST'OODEPT.REPT.DOC 3 TOURISM Soecial Event Staff is working with the Temecula Valley Convention & Visitors Bureau on staffing the City/Chamber information booth for the Temecula Valley Balloon & Wine Festival event. The City is provided this opportunity through its sponsorship of the Festival. Advertisina & Media Staff finalized the Temecula tourism rack brochure with graphic designer Annie Howell. The rack brochure will be printed in May, Staff worked with graphic designer Annie Howell on the new tourism ad for the Anaheim/Orange County Convention & Visitors Bureau Visitor's Guide, Staff completed the Temecula tourism CD jacket with graphic designer Annie Howell, The jacket will be printed in May, In the month of April, staff updated the Temecula CD script and provided it to Group One Productions, Production updates were scheduled for May, On April 29'h, staff met with Casey Earle of San Diego Magazine regarding city advertising in the San Diego Convention & Visitors Bureau Visitor/Meeting Planner Guide, Meetinas On April 20'h, Mayor Comerchero, Mayor Pro Tern Roberts and staff met with Chamber representatives regarding the Chamber's survey results regarding the feasibility of increasing the TOT to fund tourism promotion and other city services, While the results were generally favorable, the Chamber is exploring other funding mechanisms including a Tourism Improvement District for increased ConventionNisitor's Bureau efforts. Staff attended the Inland Empire Tourism Council FAM Tour Planning Meeting, which was held at the Ramona Bowl on April 20th. The Familiarization Tour will highlight the cities of Hemet, Idyllwild, Lake Elsinore and Temecula. Staff is coordinating the event with the Temecula Valley Winegrower's Association and the Temecula Valley Convention & Visitors Bureau, On April 13'h, staff met with Kim Ziegler of Ziegler & Son Publishing regarding the Temecula Valley Chamber of Commerce & CVB publications. Staff provided Mr. Ziegler wilh business and tourist information, contact information and pictures to use in the publications, Staff met with Kimberly Adams, Director of the Temecula Valley Convention & Visitors Bureau, on April 15th regarding the Inland Empire Tourism Council Familiarization Tour, Temecula tourism CD script, and Temecula tourism brochure, ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report (not submitted) Economic Development Corporation of Southwest Riverside County Activity Reports Southwest California Economic Alliance Activities Report \\San3\cily manager\WolnickglDEPT REPORTSIMay '05.docCITYMGR\WOLNICKG\AUGUST'QODEPT.REPT.DOC 4 EDC. Southwest Riverside CountY.. May 13, 2005 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92593-9033 RE: EDC Activity Summary - April 2005 Business and Workforce Development Staff responded to the following 12 business and workforce development requests in April 2005: Date Lead Source Request Action Taken 4/1/05 Email Client requested a referral for an Provided requested contact information. HR consultant. 4/5/05 Phone Client requested information on Met with client and provided information on site expanding her home-based selection and City of Murrieta Permit & Planning business into a commercial site. Department. 4/6/05 Phone Client requested a list of Murrieta Provided requested contact information. Client is a local businesses. commercial broker who gave a tour of Murrieta to his client who may relocate a business. 4/8/05 Phone Client requested assistance with Contacted Ashley Jones at City of Murrieta for further permit & planning process at City assistance. Client's issue was resolved. of Murrieta. 4/11/05 In Person Client requested a meeting to Met with client as requested, Client is a developer of discuss local economic industrial buildings in Lake Elsinore. Invited client to development. the Economic Alliance Broker Breakfast and referred client to David Harlow for the FTZ project. Client attended both the breakfast and a meeting with D. Harlow, 4/11/05 In Person Client requested a meeting to Client is now working with EDC Board Members John discuss developing APICS Fili and Dennis Frank on establishing APICS charter charter in region locally. 4/12/05 Phone Client was referred to the EDC by Contacted David Harlow to follow up with the client on a member and was interested in FTZ assistance. the FTZ project. 4/12/05 Email Client requested contacts for Provided client with requested information. local business brokers. 4/14/04 Email Client requested contacts for Provided client with contact information. utilities to obtain "Will Serve" letters for new development in Lake Elsinore. 4/18105 Website Client requested relocation Referred client to Gregory Lee, Economic Alliance. assistance. Client is a small orthopedic manufacturer and sales company in Colorado seeking relocation assistance. Exhibit 7.0 Jim O'Grady City of Temecula EDC Activity Summary - April 2005 Page 2 of2 4/19/05 Phone Request Action Taken Client requested information on Contacted client and provided the requested the EDC organization. information. Date Lead Source 4/22/05 Phone Client requested contact Provided client with requested contacts. information to various building industry companies in Southwest California. Community Outreach Staff and/or EDC directors attended the following meetings/events to promote or support economic development/community outreach: . Murrieta-Temecula Group Meeting (4/1) . Economic Alliance Brokers' Breakfast (4/12) . TVCC Legislative Summit Planning Meeting (4/18) . EDC Quarterly Lunch (4/28) - Topic: The Gas Company: Liquefied Natural Gas (4/28) Business Retention . Bnsiness Relations Committee Meeting (417) - Minutes are attached, Administration/Orl!:anization . EDC Education Committee (4/8) - Cancelled . EDC Industrial Committee Meeting (4/12) - Minutes are attached, . EDC Transportation and Infrastructure Committee Meeting - (4/14) Minutes are attached, . EDC Board of Directors Meeting (4/21) - Minutes are attached, . Administration - Staff managed the daily operations of the EDC office; managed website updates; coordinated the April 28, 2005 EDC Quarterly Lunch; coordinated the EDC 11 th Annual Golf Tourney; mailed letters of support for: I) Homeland Security Training Facility; and 2) AB903; and emailed the following business development/community announcements: :l' Temecula Planning Commission Meeting Agenda (to local brokers/construction) :l' EDC II th Annual Golf Tournament :l' EDC Quarterly Lunch :l' 18th Annual TVUSD College and Career Fair :l' International Rural Roundtable Series :l' Strengthening the Manufacturing Workforce :l' San Jacinto Valley Economic Forecast Exhibit 7,1 Jim O'Grady City of Temecula EDC Activity Summary - April 2005 Page 3 00 This concludes the activity summary for April 2005, Should you have questions or need further detail, please call me at 951.677.1862, Respectfully, -V~ ~IPWJ- ,/ Diane Sessions Executive Director Exhibit 7.2 E"-____ .__ ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE MEETING Thursday, April 7, 2005 - 9:00 a.m. UCR Extension - Temecula 27919 Jefferson Avenue, Temecula, CA 92590 Committee Members Present: Cathy Barrozo, City of Lake Elsinore Kim Cousins, Lake Elsinore Valley Chamber of Commerce Dennis Frank, VCR Extension Stan Harter, Law Office of Stanley A, Harter Ashley Jones, City of Murrieta Jim O'Grady, City of Temecula Joanna Quigley, Wells Fargo Bank Diane Sessions, EDC Harry Shank, Southwest Community Bank Alice Sullivan, Temecula Valley Chamber of Commerce Guests: Chris Binkley, Chris Binkley & Associates David Bush, American Residential Funding Lalli Esparza, CDM Group Doug McAllister, City of Murrieta Micki Goodhart, EDC Call To Order . Stan Harter called the meeting to order at 9:09 a,m, Mr. Harter led introductions, Follow-Up Action Reports . No report, Companv Contact Reports . New Contact List - Stan Harter explained to guests what the Business Relations Committee's goals were and the need to build new business relationships, A new contact list was distributed to committee members to make calls to local companies, Diane Sessions suggested that new members could make their initial introductory call using a letter of introduction on EDC letterhead, Jim O'Grady offered to join other committee members on visits to Temecula companies. Action Item: Micki Goodhart will update contact information for company assignments and forward to committee members. Annual Goal Report . Stan Harter announced that visits and phone interviews in the tenth month of the fiscal year were as follows: Goal: 60 surveys completed, YTD Goal Actual VISIT PHONE 16 I SURVEYS 60 17 EDC Business Relations Committee Meeting Minutes - April 7, 2005 Page 2 of2 Open Discussion . EDC Board Update - Diane Sessions showed the Committee the new EDC logo and announced the EDC luncheon on April 28 at Pechanga, She further announced the EDC golf tournament on June 10 and asked for sponsorships and volunteers, She reported that the EDC Board sent a letter of support on behalf of the California Department of Fire and Forestry Protection (CDF) at Hemet-Ryan Airport, . General Announcements - City of Temecula - Jim O'Grady reported that bids for the construction of the new library were opened this morning; Jefferson Street traffic control was improved and the construction work would be completed by June; Diaz Road was slated next for roadwork; and pothole problems throughout the region were discussed, Temecula Valley Chamber of Commerce - Alice Sullivan reported the Convention & Visitors' Bureau website was up and running and the Temecula State of the City address was the largest ever. City of Murrieta - Ashley Jones reported on the recent downtown cleanup and the marketing plan for the downtown area, City of Lake Elsinore - Cathy Barrozo reported there was new retail near Highway 74; Costco would open in the end of November 2005; and Grape Street condos were under construction, Lake Elsinore Valley Chamber of Commerce: - Kim Cousins reported that Lake Elsinore City Council approved plans for the Target Center. He further reported that a number of new businesses joined the Chamber in the past few months, Adiournment The meeting adjourned at 10:00 a,m, ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, April 21, 2005 - 9:00 a.m. Southern California Gas Company 25620 Jefferson Avenue, Murrieta, CA 92562 DRAFT DRAFT BOARD MEMBERS MEMBERS AND GUESTS Aaron Adams, City ofTemecula (proxy) Frank Casciari, California Bank & Trust Scott Crane, Southwest Healthcare System Stevie Field, Riverside County EDA John Fili, Solid State Stamping Dennis Frank, UC Riverside - Temecula Center Kimberly Freize-Uhler, Rancho Physical Therapy Stan Harter, Law Office of Stanley A, Harter Keith Johnson, Mission Oaks National Bank Ashley Jones, City of Murrieta Doug McAllister, City of Murrieta (proxy) Melanie Nieman, Eastern Municipal Water District Rex Oliver, Murrieta Chamber of Commerce Claude Reinke, The Californian Joan Sparkman, Temecula Valley Bank Barbara Tooker, Temecula Valley Unified School District Roger Ziemer, The Gas Company Dr. Billie Blair, Leading and Learning, Inc, Cathy Barrozo, City of Lake Elsinore Kim Cousins, Lake Elsinore Valley Chamber of Commerce Christina Lindley, Keeton Construction EDC STAFF Diane Sessions CALL TO ORDER . Board President Dennis Frank called the meeting to order at 9:07 a,m, He welcomed members and guests and led self introductions, APPROVE AGENDA . Motion made by Claude Reinke, seconded by Joan Sparkman and carried unanimously to approve the agenda as presented, MINUTES . The Board reviewed the minutes of the March 17,2005 Board of Directors Meeting, Motion made by Joan Sparkman, seconded by Scott Crane and carried unanimously to approve the minutes as presented, FINANCIAL REPORT . March 31, 2005 Financial Report: The Board reviewed the March 31, 2005 Financial Report that showed total monthly revenues of $602, total expenses of$13,289 and total cash-in-bank of $99,794, Motion made by Doug McAllister, seconded by Roger Ziemer and carried unanimously to approve the March 31, 2005 Financial Report as presented, Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - April 21, 2005 Minutes - Page 2 of 4 NEW BUSINESS . Ratify Support Letter for Stand Up for Murrieta-No on the Recall: Dennis Frank reported that on March 31, 2005, the Executive Committee of the EDC Board of Directors approved by majority vote, under an Action Without Meeting, a letter of support for Stand Up for Murrieta-No on the Recall, Vote: Yes-8 / No-O, Abstentions-6, Motion made by Joan Sparkman, seconded by Roger Ziemer and carried to ratifY the emergency action taken by the Executive Committee of the EDC Board of Directors on March 31, 2005 to author a letter of support for Stand Up for Murrieta-No on the Recall, Abstained: Doug McAllister (proxy vote) and Aaron Adams (proxy vote), . Approve Support Letter for Assembly Bill 903: The Board reviewed the draft support letter for AB903, which enables cities and counties to grant additional cable television franchisees in an area where a franchise has already been granted, Dennis Frank reported that EDC Board Member Mike Murray of Verizon asked for board support on AB903, The Board agreed that AB903 had a positive impact on regional economic development as it related to price competition, broader consumer choice, and competitive markets in cable television, Motion made by Roger Ziemer, seconded by Rex Oliver and carried unanimously to author a letter of support for AB903-Cable Television Franchises, . Budget Committee Update: Diane Sessions reported that the EDC Budget Committee met on April 5 to draft the operating budget for Fiscal Year 2005-2006, The Board reviewed the draft budget as presented by the Budget Committee, Ms. Sessions suggested that the Board wait to approve the budget at the May 2005 Board Meeting due to some budget items that were not finalized, although no major changes from the previous year were anticipated, . Nominating Committee Update: Diane Sessions reported that the EDC Nominating Committee met on April 12, 2005 to discuss EDC director nominations and elections, A timeline was set for soliciting nominations and the Nominating Committee would present its slate of nominees to the Board for approval at the May 2005 Board of Directors Meeting, . FIRST Robotics Team #1079 Update: John Fili reported that Team #1079 won the 1 st Place Safety Award at the robotics competition in Los Angeles, They would not attend the national competition in Atlanta, GA. The Team was still challenged with obtaining volunteers to help with technical support. Mr. Fili would explore a similar robotics/technology competition coming to the San Jose Convention Center in October 2005, Barbara Tooker thanked the EDC for its continued support of the Team and commended the students who worked diligently to prepare for the competition, Discussion was held on how to connect students with volunteers who have technology and engineering expertise. . Review S.W.a.T. Feedback Results: The Board reviewed the comments and suggestions from attendees of the EDC S,W.O,T, Revisited breakfast meeting, Discussion was held on the high number of comments that related to traffic and congested transportation routes throughout the region, Other comments noted were healthcare-related issues and the need for more aggressive business attraction, . Temecula Valley Chamber of Commerce (TVCC) Business Directory: Diane Session asked the Board's interest in placing an ad or listing in the TVCC 2005 Business Directory. Discussion was held on cost and distribution of the directory. The Board agreed that the circulation area was worth considering a listing. Rex Oliver offered the EDC a free quarter-page ad in the Murrieta Chamber of Commerce directory, Kim Cousins offered a free half-page ad in the Lake Elsinore Valley Chamber of Commerce directory, The Board recommended that Ms, Sessions negotiate a discounted price or similar in-kind ad with TVCC, Economic Development Corporation of Southwest Riverside County Board of Directors Meeting- April 21, 2005 Minutes - Page 3 of 4 . Update on March Air Reserve Base & BRAC: Roger Ziemer reported that he received some preliminary reports on the pending BRAC base closures and would email them to EDC staff for distribution, A final decision on base closures would be announced in May, CONTINUING BUSINESS . EDC Golf Tournament Update - In Gary Youmans' absence, Diane Sessions reported the Golf Committee secured all of its major sponsors and was now seeking tee-hole sponsors, prizes and golfers, . Update on New EDC Logo / PR Outreach: Diane Sessions reported that the new logo approved by the Board was slightly modified to enhance its look. LTJ Graphics was drafting new letterhead and business cards, which would be presented for approval at the May board meeting, Next projects would be the new EDC brochure and newsletter, . Update on Southwest California Television Station: Stevie Field reported that committees were being formed to move the project forward, She discussed the process and obstacles of establishing a demographic market area (DMA) for the Riverside area. Another challenge would be to convince local cable television providers to carry a 24-hour access station for Southwest California, . Utilities Updates: Gas - Roger Ziemer reported that Lee Stewart, Sr. V,P, Natural Gas Transmission, Southern California Gas Company, would speak at the upcoming EDC Quarterly Lunch on April 28, Power - Dennis Frank briefly reported on new power generation proposed in Romoland and future plants in Riverside County, Telecommunications - No report, Water - Melanie Nieman reported that EMWD was focused on water conservation during the upcoming summer months, especially outdoor water use such as landscaping, . EDC Committee Updates: Business Relations Committee - Stan Harter reported the Business Relations Committee had some new members, which would help the Committee reach its year-end goals of 60 visits. He was pleased at the quality of visits and company tours this year, Business Attraction Committee - No report, Education Committee - Dennis Frank reported that he and John Fili were working with APICS President Ben Schlussel on establishing a charter in Southwest California, Mr, Frank further noted that the organization could be housed in the Temecula Higher Education Center. The Higher-Ed center was moving through some environmental delays due to protected wildlife at the site, Industrial Committee - Chair John Fili reported that the Industrial Committee would hold a joint meeting with the Transportation & Infrastructure Committee next month to discuss mutual projects, He suggested the EDC categorize company industries that would be used to develop work-study positions for high school students, Transportation and Infrastructure Committee - Dennis Frank reported the committee was focusing on new goals based on the SWOT feedback that related to traffic and infrastructure issues, The committee would adopt a new subcommittee to focus on permit and planning issues, Doug McAllister suggested making a presentation to Murrieta City Manager Lori Moss and Murrieta Planning Department staff on architecture and planning issues, Aaron Adams asked to sit on the committee, as he is receiving internal training in the Temecula City Planning Department. OPEN DISCUSSION . EDC Administrative Update: The Board reviewed the March 2005 Activity Reports submitted by Diane Sessions, Dennis Frank announced that the Ben Clark Training Center (BCTC) was proposed as the official training site for the U,S, Homeland Security Administration - Southern California Region, Mr, Frank recommended the EDC Board send a letter of support to Riverside County Sheriff Bob Doyle to assist the County's lobbying efforts in Washington DC, Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - April 21, 2005 Minutes - Page 4 of 4 Motion made by Roger Ziemer, seconded by John Fili and carried unanimously to author a letter of support on behalf of the County of Riverside to secure the Ben Clark Training Facility as the official training site for the U,S, Homeland Security Administration - Southern California Region, . City/County Updates: City of Lake Elsinore - Cathy Barroza reported the City would collaborate with private partners to renovate the lake campground, and the new site for Lake Elsinore Ford was moving forward. City of Murrieta - Doug McAllister reported the Murrieta Downtown cleanup and renovations were a success. City of Temecula - Aaron Adams reported the Jefferson Avenue rehabilitation was scheduled for completion in June, The City would lobby in Sacramento to change environmental limitations related to freeway ramps, Riverside County - Stevie Field provided an update on CDF presence at Hemet- Ryan Airport, Recent lobbying efforts in Sacramento resulted in the formation of a new committee that would compose a new report, The new report would supersede the original, which was 10 years old, Riverside County Supervisors voted 4-1 to keep CDF at Hemet-Ryan Airport, Murrieta Chamber - Rex Oliver reported on the upcoming Chamber golf tournament; the Installation Dinner on June 18; groundbreaking for Rancho Physical Therapy; and the Legislative Summit on September 30, Mr. Oliver reported the Southwest California Legislative Council was fundraising and would need to meet a budget of $30,000, He would make a formal request for funding at the May 2005 board meeting, In addition, request letters to individual EDC members could be sent out. . Other Announcements: Southwest Healthcare System - Dennis Frank reported on some opposition to the new hospital on Highway 79 South during a recent Temecula Planning Commission meeting. Scott Crane reported on the directive by the City of Temecula to conduct a new Environmental Impact Report study, which could delay the project by 6 months, He asked the Board to be prepared to make public comments on this issue later. Temecula Higher-Education Center - Dennis Frank reported there could be some opposition to the Higher-Ed Center by neighboring businesses. He suggested that directors attend the Planning Commission meeting next week to support the project. ADJOURNMENT . Dennis Frank thanked Roger Ziemer for .providing the conference room for the board meeting, At 10:35 a,m" motion was made by Aaron Adams, seconded by Scott Crane and carried unanimously to adjourn the board meeting. Respectively submitted by: Scott Crane Board Secretary Diane Sessions Recording Secretary ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY INDUSTRIAL COMMITTEE MEETING Tuesday, April 12, 2005 - 8:30 a.m. EDC Office - French Valley Airport 37552 Winchester Road, Murrieta, CA 92563 Guests Present: Dave Darrow, Geocon, Inc, Micki Goodhart, EDC Paul O'Neal, Paul O'Neal & Associates Committee Members Present: John Fili, Solid State Stamping, Inc. Call To Order Committee Chair John Fili called the meeting to order at 8:45 a,m, The minutes were reviewed and accepted by the Committee. Committee Business . Discuss APICS Partnership and Workshops - In Ben Schlussel absence, Micki Goodhart passed out some course materials related to APICS, Mr, Schlussel asked to promote local education in production and inventory control. Mr, Fili read a letter from Mr, Schlussel pointing out the APICS brochures and workshops that are at Mr. Schlussel's disposal. . Set Date and Topic for First "Shop Talk" - John Fili explained the Manufacturing Council previously had morning meetings once a month and part of the meeting format was to have a presentation of someone's product. Mr. Fili stated the question that was discussed in this Committee last month was, should that kind of meeting be started again, Mr. Fili expressed some hesitation about this, stating the area and business community had changed and was not the same as it had been in 1997 when there were not very many networking groups here, After 1998, there was diminishing interest in attending another meeting, Some things were successful and some were not. One thing that was successful was a tour of local plants; having a workshop on quality systems was not as well received, Mr. Fili suggested holding off on this until the Committee finds the perfect subject, perhaps APICS, Paul O'Neal suggested a quarterly breakfast or luncheon instead of monthly meetings. Mr. Fili wanted to carry this over as he does not think we should go forward with a program like this right now, . Discuss Creating EDC Scholarship Foundation - John Fili would like to recommend to the Board a scholarship fund be started to make an award by May 2006, Paul O'Neal suggested asking the Board to approve going ahead with the concept and set out goal. The Committee discussed how it might start a scholarship fund and how a recipient would be chosen, Mr, Fili told of a group in Temecula that tries to manage the awarding of scholarships to all local high schools, trying to match scholarship money with candidates. The Committee would be involved in this selection process, and would work with the Education Committee to come up with the right candidate, Mr. O'Neal stated he would be glad to work on this, and after getting the Board's clearance, the Committee should talk to Bill Prouty to create the framework, Industrial Committee Meeting Minutes - April 12, 2005 Page 2 00 In summary, Mr. Fili would like to take this over to the Board of Directors to rec.ommend the Committee start a scholarship foundation, come up with a tie-in to skills standards as presented by Bill Prouty that would reach all the way back into the 9th grade, consider work experience with local companies, and that the Committee creates several categories, l,e., finance, business, engineering, etc, Other Business . Announcements - John Fili handed out: 1, copies of the Chaparral High School FIRST Team Newsletter announcing their participation in the regional competition at the Forum on the first of April. There would be another opportunity to see them May 21 at Madison High School in San Diego; 2, a sheet on Entrepreneurs Scholarship at Cal State San Bernardino; 3, information on the Shingo Prize, which is the quality award that began the renaissance of manufacturing in Japan and is similar to the Malcolm Baldridge award. In the meeting last month, Ben Schlussel suggested naming an excellence award "EDC - Excellence Develops Competitiveness." In other words, should EDC Industrial Committee recognize an industrial business of the year? The Committee thought that would be a good idea; 4. information was passed out on the upcoming EDC Golf Tournament June 10th, the EDC luncheon April 28 with Lee Stewart from the Gas Company host speaker, and the Group Movement Conference June 3, Action Items . The Committee reviewed the following past action item: 1, Discuss the possibility of including a brief overview of the Manufacturing Academies at the Foreign Trade Zone Workshop - John Fili reported Bill Prouty could not attend the meeting but submitted information on the Advanced Manufacturing Skill Standards Certification project. The report explains manufacturing skills standards, Mr. Prouty also submitted an application that he is asking interested companies to fill out and return, This was going to be a part of the presentation at the FTZ workshop, Mr, Fili would like to ask Mr. Prouty to come and show the Committee what the actual teaching materials look like, and he explained the system is similar to the old company apprenticeships, Mr. Fili reported Murrieta had a tech prep class in the past but he doesn't know if it is still going, 2, Diane Sessions would try to get someone from the high school to attend the steering committee meeting with the Education Committee - John Fili said Ms, Sessions stated there was nothing to report on this yet. The Education Committee did not have their April meeting yet, and Ms, Sessions would report to the Committee next month about this. Mr. Fili explained the issue here is that the Industrial Committee is interested in making sure the First Team continues now that the Woolley's are going to be less interested in continuing as a focal point of the robotics program, . The Committee reviewed the following new action item: John Fili would like to contact Bill Prouty and ask him to bring some examples of the actual skills standards testing to the next committee meeting to get a better sense of the substance behind the manufacturing skill standards project and to discuss a high school internship or job experience with some local company, Industrial Committee Meeting Minutes - April 12, 2005 Page 3 of3 . After reviewing the APICS material, Mr. Fili would like Diane Sessions to bring the material to Dennis Frankfor Review related to the higher education center. Adjournment The meeting adjourned at 9:30 a,m, ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY TRANSPORTATION & INFRASTRUCTURE COMMITTEE Thursday, April 14, 2005 - 8:00 a.m. EDC Office - French Valley Airport 37552 Winchester Road, Murrieta, CA 92563 Committee Members Present: Dennis Frank, DC Riverside - Temecula Scott Hurst, Wyman Properties, Inc, Keith Johnson, Mission Oaks National Bank David Phares, D, L. Phares & Associates Diane Sessions, Economic Development Corporation Guests: Micki Goodhart, EDC Call To Order Committee Chair David Phares called the meeting to order at 8:08 a,m. thanked all for attending, New Business . Set New Committee Objectives - The Committee discussed the recent "S.W.O,T. Revisited" breakfast in February, Issues such as traffic on local roads and freeways and building permitting were major concerns, David Phares suggested the Committee set new goals and objectives for the next year based on the S.W,O,T, survey results, CaITrans and freeway problems were mentioned as possible subcommittee issues, Road extensions to and from the freeways were discussed, i,e" Domenigoni Parkway" Newport Road, Scott Road and Clinton Keith Road, and timing for such construction, It was suggested that a representative from the Building Industry Association (BIA) join the Committee and Bill Blankenship's name was mentioned as a possibility, Subcommittees would be formed to report on various transportation agencies such as CETAP, RCTC, RTA, local cities that have capital improvement plans, and other regional corridors Dennis Frank suggested that the Committee explore permit and processing issues that could be integrated into Committee goals, The Committee discussed in detail the need and importance to address issues related to building permitting and planning, The Committee agreed to set some goals related to permit and planning. Action Items: 1) Scott Hurst will contact Bill Blankenship from the BIA to join the Committee. 2) Diane Sessions will contact Diane Wirth from the Valley EDC, EDC Board Members Roger Ziemer and Harry Shank, Bob Lopez with Edison. and Ashley Jones with the City of Murrieta to join the Committee, Continuinl!: Business . Diamond Valley Lake - David Phares suggested that the Committee learn more about Diamond Valley Lake (DVL) and future economic development plans. He suggested holding a committee meeting at DVL hosting a quarterly lunch there, Action Item: 1) Diane Sessions to contact Tim Skrove or Linda Poppendahl to arrange a tour of DVL. Transportation and Infrastructure Committee Minutes - April 14, 2005 Page 2 of2 . Other key areas the Committee was tracking were March AFB and French Valley airport, Another area was the LA Port issue and the high number of port users that were relocating businesses inland due to demand and lack of space in the port, It was mentioned that Fred Lauterperissa with the Department of Labor - International Trade was very familiar with goods movement issues and would help the Committee on this issue, . Diane, Sessions handed out information on the 1-215 Economic Summit event tentatively scheduled for October 7, 2005, TMG Communications Group was promoting the event and asked that the EDC co-sponsor it. After some discussion, the Committee decided more information was needed, Action Item: 1) Diane Sessions would invite Brad Anderson with TMG Communications to the next committee meeting to give more information on this summit, . Foreign Trade Zone (FTZ) - David Phares reported that he attended a very good presentation at the Economic Alliance breakfast where David Harlow presented the benefits of a FTZ, Ms, He suggested that the Committee look at this issue as a possible focus area and Diane Sessions reported that the EDC Industrial Committee was focused on this project as well, Mr. Phares suggested a joint committee meeting with the Industrial Committee on this subject, . The Committee discussed the SANDAGIWRCOG Interregional Partnership (IRP) and believed this was still a viable project in conjunction with the Remote Worker Project. The Committee agreed to move forward on this project. Action Items: 1) Keith Johnson will call Paul O'Neal and Bob Larson to get a list of San Diego companies to contact to go on a couple of interviews just to see how receptive the companies are to the Remote Worker Project, 2) Diane Sessions to email Keith Johnson a copy of the Remote Worker Concept paper written by Bob Larson. Committee Reports . Airports - French Valley/Hemet-RyanlMarch Air Cargo Facility - The Committee discussed the situation of the CDF at Hemet/Ryan Airport. The County Board of Supervisors voted 4-1 to keep CDF at Hemet/Ryan, but with some resistance from the ChiefofCDF, Other Announcements Action Item: Keith Johnson will call Paul 0 'Neal and Bob Larson to get a list of San Diego companies to contact to go on a couple of interviews just to see how receptive the companies are to the Remote Worker Project Adiournment The meeting adjourned at 9:15 a,m, CIlyliUle_ 130SoulhMainStreel laKe Bsroe,CA92530 19J5157~3124 F~lOO9)67<}2392 CIlyIi_ 26442 Becl:tna'1Ct Ml1lleI.l,CA92562 i9OOl304-14i9 Fax; (900i698-9885 CIlyliT_ 4JlOOB\iSiflllSSPartDr. !erntiC'UIa,CA92500 10091_ Fa~: :909i 694-6499 ""'J1i- """""'''''''''''''''l!aKY i4J 'f.nterplIS6CIfCl8WestSui!e 101 remeoJla.CA92~ i900lllMlll Fax: 1909l600W40 SOUTHWEST ~ft'QPJ1.tt:t l4ke_ Murrieta Temecula ,CountyofRlverside TO: Bradley J. Hudson Assistant County Executive Officer Riverside County EDA Jim O'Grady Assistant City Manager City of Temecula Cathy Barrozo GIS Data Analyst City of Lake Elsinore Lori Moss Assistant City Manager City of Murrieta FROM: Gregory L. Lee Manager, Business Development DATE: April 13, 2005 SUBJECT: SOUTHWEST CALIFORNIA FEBRUARYIMARCH MONTHLY MARKETING UPDATE Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest California (formerly Southwest Riverside County) Marketing for Business Attraction Agreement. Leads During the months of February and March, the Alliance received three (3) leads. They were as followed: Pro'ect # T e Referral Source Status 000-05 Printer Manufacturer IEEP Gave two (2) site tours to com an . Still decidin Sent information - Company 001-05 R.V. Service Facility Direct Call cannot move to region because of franchise laws 002-05 Medical Device IEEP Provided Demographics- Manufacturer awaiting word from IEEP GISlWebsite The Alliance website had a total of 5751 visitors in February and March. (February 05 - 2586/ March 05 - 3165) This is in comparison to 3023 during the same period last year. ( February 04 - 12301 March 04 - 1793) The Alliance's GIS application has now been moved to its new domain name; www.swcaliforniasitefinder.com. We will now have the capacity to do a better jOb of tracking data in relation to the GIS website. The application will still be accessible through our general website. We have also updated our website www.southwestcalifornia.com. In addition to some cosmetic changes, we also added a link to our 3D-second commercial. The Job Database has finally been relaunched. This new database will allow companies the ability to input all of their information themselves, without the assistance of the Alliance. The Alliance will be notified any time there is a new job posting and will have to approve the job posting before the job actually hits the site. This will give us the ability to monitor what type of jobs is being posted. We are currently in the process of creating two (2) postcards to market the site. These postcards are going to target both the employer as well as the employee. Broker Breakfast The Alliance Broker Breakfast is scheduled for April 12 , at the Temecula Creek Inn from 8:30 a.m. to 9:30 p.m. Invitations have been sent out, and we have received several RSVPs. We are looking forward to hearing from David Harlowe with International Trade Consultants regarding the Southwest California Foreign Trade Zone Application. In addition, a brief presentation by the cities will give those attending the opportunity to hear what is going on in each of the three (3) cities. Southwest California Trademark The Alliance has received a response from the Untied States Patent and Trademark office (USPTO) with respect to our logo trademark application (Serial Number 78461097). Other than a few minor changes, it appears as though our trademark should be ready for publication. What will occur next is the Law Offices of Stanley Harter will submit a response to the examining attorney (EA) changing/clarifying the issues received. The EA will send a notice of intent to publish which will identify what date the mark will be published in the "Official Gazette." The Official Gazette is a weekly publication of the USPTO that includes regular and special notices ofthe office. If no one contests the mark during the objection period, then we will receive our notice of registration. The application for the Southwest California Alliance mark (Serial Number 78461097) has been assigned to an EA. We should know more regarding this mark within the next few months. Advertisina Alliance ads were placed in the following magazines during the months of February and March: Maaazine/Periodical Date February 2005 March 16, 2005 March 25, 2005 March 31, 2005 Feature Growth Areas for Biotech and Life Sciences Metro Spotlight: Inland Emoire wI SW California section Guide by City Economic Development North, Southwest California Who's Who in Biotech Expansion Management Business Press San Diego Daily Transcript San Dieao Dailv Transcriot We are in the process of examining the possibility of placing the Alliance's 30-second commercial on cable spots in the San Diego Market. Trade shows On behalf of the Alliance, I will attend the following conference and trade shows in 2005 Construction and Real Estate Network (CoreNET)" 8102005"" International Economic Development Council (IEDC) Toronto, Canada Philadelphia, P A Chicago, IL April 17-20 June 19-22 Sept. 25-28 .Alliance will be exhibiting .-Exhibiting with TeamCA If you need any additional information or have any questions, please contact me at (951) 696.1578. GL for business.. .for family.. .for life Copy: Robin Zimpfer Jerry Craig Rob Moran APPROVAL CITY ATTORNEY 'tU.fl DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 24, 2005 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of April, 2005. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report April I May 2005 Prepared By: Amer Attar Submitted by: William G. Hughes Date: May 24, 2005 PROJECTS UNDER CONSTRUCTION 1. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. Construction started on 3-3-04 and the allowable working days (14 months + 45 days for changes and 44 days for weather thru the end of January 05) extends to 08-19-05. Work is progressing on framing, sidings, HVAC and utility placements for the structures. Contract change order no. 10 for the Mercantile Improvements and Furniture, Fixture and Equipment funding was approved on May 10, 2005. 2. Pechanga Parkway Storm Drain Improvements - Phase II This project will construct the storm drain triple box culvert and the channel improvements north of Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project was environmentally cleared in accordance with the California Environmental Quality Act (CEQA). This project is complete. 3. Pechanga Parkway Phase liB Storm Drain Improvements (Wolf Valley Creek Channel. Stage 2) The project includes the construction of a grass-lined channel/ box culverts from Loma Linda Road to Deer Hollow Road. The box culvert at Wolf Valley Road is currently under construction. A traffic detour on the south of Wolf Valley Road is in place and pedestrians/school children have a separate sidewalk through the construction zone. Completion date for the project is tentatively scheduled for July 2005. 4. Pechanga Parkway - Muirfield Drive Traffic Signal Under this project, a traffic signal will be installed on Pechanga Parkway at Muirfield Drive. Traffic signal poles have been delivered to the City. DBX Inc. was awarded the contract at the March 22 Council meeting. Construction began on May 16, 2005. The traffic signal installation is expected at the end of June. 5. Diaz Road Realignment Phase I, Traffic Signals Under this project, two traffic signals will be installed, one on Diaz Road at Rancho Way and the other one on Rancho California Road at Business Park DriveNincent Moraga. Also, a northbound lane will be added on Diaz Road from Rancho Way to Via Montezuma (Low Flow Crossing). The contractor has completed all work on this project. The Notice of Completion will be filed in June. R:\Monthly ActivityReport\CIP\2005\April-May .doc 6. Vail Ranch Park (Near Pauba Valley School) - Add Amenities This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park. Work on this project is complete. The final walkthrough was on 01/19/05. The 90-day maintenance period is almost complete. Notice of Completion is being prepared for the May 10, 2005 City Council Meeting. 7. Old Town Southern Gateway Landscaping Under this project, the southern entrance to Old Town will be beautified with landscaping and irrigation, split-rail fencing, lighted walks, and seating areas. Construction began February 7, 2005. Construction is complete. The 90-day landscape maintenance period was initiated April 27 , 2005. 8. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California Road. The design includes a complete reconstruction of the road within the project limits. In addition, problematic driveways will be reconstructed. R.J. Noble started work on 04/04/05 & is anticipated to complete the project by 06/06/05. RJ Noble completed the majority of the west side of the road excluding the final AC course. When excavating the east side, they encountered unsuitable soil. An agenda report for 5/24/05 is being prepared to request for additional funds to cement treat the unsuitable subgrade; this will be processed as a CCO. To date, RJ Noble has 2 approved & 1 pending CCO. RJ Noble intends to complete construction by June 2005, barring any bad weather and/or any other unforeseen condition. 9. Pechanga Parkway Landscape Improvements America West Landscape has completed the installation of the irrigation system and landscaping. The gO-day maintenance period began March 18 and should finish June 18, 2005. SCE has yet to install the electric service necessary for the irrigation controller. 10. Traffic Signal Installation - Citywide Under this project, traffic signals will be installed on Meadows Parkway at La Serena and at Rancho Vista. Staff met with representatives of Temecula Valley Unified School District on November 20, 2003, to obtain their input on the installation of the traffic signal at the intersection of Meadows Parkway and La Serena. The traffic signals were put into service on March 10,2005. The Notice of Completion is scheduled for the April 26, 2005, City Council Meeting. 11. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The first working day was 4- 11-05 and this extends to a completion date in early February of 2006. Work is focused on forming of foundations, and utility installations. 12. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. Construction began on 12/6/04, and has been severely delayed by weather. Stage 1 and 2 construction, which is the Winchester Rd widening and the Winchester Road rehabilitation is complete, with only the median work on Winchester and Jefferson remaining. Median work on both 2 R:\MonthlyActivityReport\CIP\2005\April-May.doc streets is to be complete by 5/31/05. Project completion date is now early June. 13. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E. Barnhart, Inc. at the September 28, 2004 Council meeting. The contract award amount is $13,365,055.51. Rough grading is complete. Storm drain, sewer lines and domestic water lines are installed and backfilled. Footings have been poured for the concession building and the restrooms. Landscape irrigation has begun after a pre-con meeting with PELA and TCSD. Byrom-Davies has executed their contract and will be coordinating with D.E. Barnhart to begin the installation of the synthetic turf fields in June. 14. Vail Ranch Middle School Basketball Court Lighting This project will add lights to the basketball courts at Vail Ranch Middle School. The project was bid successfully the second time with R & M Electrical Contracting being awarded the project on March 8,2005 in the amount of $102,696.00. Work is scheduled to begin June 27, 2005, to utilize the summer break at the school. 15. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. A separate parcel has been created for the library for bond purposes. The City was approved for funding by the State on October 28,2003. Bids were received on 4/7/05 and Edge Development, Inc. of Temecula was the low bidder at $11,757,812. The City Council approved Leighton Consulting contract and they will serve as the Geo-tech consultant and special inspector for the project. A successful groundbreaking ceremony was held on 5/12/05. A Pre-Construction Meeting is scheduled for 5/19/05, at which time a Notice to Proceed will be issued. A partnering session is tentatively scheduled for 6/2/05. 16. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Bids were opened on 04/26/05. At the 05/10/05 meeting, the City Council awarded the contract to Sutherlin Contracting Inc. in the amount of $221,780.00. PROJECTS BEING ADVERTISED FOR BIDS 1. Slurry Seal Project - FY 2004/2005 This is the annual citywide slurry seal project. The project is in advertisement. Bid opening is scheduled for June 7, 2005. 2. Fiscal Year 2005-2006 Street Striping Program This is the annual street striping program project. The project is in advertisement. Bid opening is scheduled for June 7, 2005. 3 R:\MonthlyActivityReport\CIP\2005\April-May.doc 3. Citywide Concrete Repairs FY2004-2005 This is the annual citywide concrete repairs project. The project is in advertisement. Bid opening is scheduled for June 7, 2005. PROJECTS IN DESIGN 1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City is working with Caltrans' Local Assistance and City's Environmental Consultant to re-c1assify the Preliminary Environmental Document Classification (NEPA) of the project to Categorical Exclusion with required technical studies (involving Federal action). The Planning Department completed Addendum NO.3 to the Wolf Creek EIR and the Notice of Determination (NOD) for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for the project. U.S. Army Corps of Engineers (USACE) issued the individual permit for the lower section of the channel. The City recently met with staff members for Caltrans (Local Assistance) and the City's environmental consultant to re-classify the Preliminary Environmental Document (NEPA) of the project to a Categorical Exclusion with required technical studies (involving Federal action). The local assistance office of Caltrans should provide a recommendation to the City by the end of April 2005. This project was divided into two stages. The first stage is to construct the storm drain triple box culvert and the channel improvements north of Loma Linda. The second stage will construct the remaining street improvements and drainage structures. Construction of this stage will start once the first stage is completed. 2. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Work is being coordinated with the library project. RCWD has approved the plans and provided the City with reproducible documents. The consultant, PDC, is updating the plans to reflect existing conditions. From the time these plans were originally completed, a numberof developments were constructed along Pauba Road. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of Engineers is required. The consultant is currently preparing 60% design plans for submittal to the City. 4. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. Project plans and specs are 100% complete 4 R:\Monthly ActivityReport\CIP\2005\April-May .doc and are ready to bid. Construction Authorization was received and specifications are being updated so that the project can go out to bid. The Engineer's Estimate is being reviewed and updated due to the lengthy Caltrans review time. The project to be constructed in Summer 2005. 5. Fire Station - Wolf Creek Site A fire station will be built at the Wolf Creek Site. Administrative Development Plan Application was submitted to City Planning Department on 2/4/05. Preliminary design changes to incorporate comments from Planning, Building & Safety, Fire, and TCSD were received back from project architect, STK, on 5/13/05 and were distributed via e-mail to the various City departments for review. Based on feedback, STK will formalize design changes and resubmit to City. The Planning application process continues. 6. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." We are working with US Army Corps of Engineers (USACOE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. The signed Programmatic Categorical Exclusion (approved environmental document) was received from Caltrans on April 15, 2005. Final Design is underway. 7. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. PDC submitted there 2nd plan check on April 8, 2005. Comments from the City will be forwarded to PDC during the next period. 8. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. Final package for PS&E certification and Request for Authorization (to construct) was submitted to Caltrans on April 12, 2005. We anticipate advertisement for construction bids in August. 9. Rancho California Road Widening, Old Town Front Street to 1.15 (Southside) This project will provide a rightturn lane for southbound 1-15 motorists and explore the possibility of providing a dual left turn lane from westbound RCR to southbound Front Street. Alternatives study is complete and the City has chosen alternative nO.1. (widen the south side of the entire length between Old Town Front and 1-15). An MND (CEQA) was completed and a Notice ofDetermination was sentto the County on 10/11/04. Geologic investigation on Denny's was completed. 60% plans have been reviewed by CIP, Traffic, and TCSD. In addition, Caltrans has returned revisions on the City's permit submittal. City Attorney is working on ROW issues. 90% plans are anticipated over the next month. 10. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. The freeboard issue that was a potential stumbling block has been resolved, and the bridge profile will remain unchanged. 70% design submittal was received from the consultant, Simon Wong Engineering (SWE), on 4/27/05 and was distributed internally and to the various utility agencies. All comments are due by 5/27/05. The next design progress meeting is scheduled for 6/9/05. 5 R:\Monthly ActivityReport\CIP\2005\April-May .doc 11. City Maintenance Facility and Corporate Yard Under this project, an expansion of the maintenance facility will be built on the property adjacent to City Hall. The consultant is progressing with the schematic design with the next submittal scheduled for May. The parking lot bid package is being finalized. Council recently authorized the design of the full build out. 12. Santa Gertrudis Bicyclel Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. The first utility notice has been sent out. The consultant is preparing the first plan submittal that will include the selected design alternatives. 13. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be aT-intersection at Diaz. 95% project design plans have been sent to the utility companies and 95% PS&E has been sent to in-house reviewers. The irrigation and landscaping is being re-designed to meet the agreement provisions between the City and the Business Par Association. The City has obtained possession of the properties needed through the courts. Final settlement is pending. 14. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 15. Traffic Signal at SR79 South and Country Glen Way Under this project, a traffic signal will be installed on State Route 79 South at Country Glen Way. Now that City is in control of SR-79 south, project is being re-drafted and redesigned to City standards and will be bid as a City project. The plans and specifications have been completed and City Council is requested to authorize advertising at the May 24, 2005, meeting. 16. Long Canyon Detention Basin - Access Road This project will construct an access road to the Long Canyon Detention Basin being maintained. Plans and specifications are 90% completed and it is anticipated that this project will go out to bid this summer. Winter rains have affected the project conditions and the scope of work will need to be reevaluated. 17. Pavement Rehabilitation Program - FY 2004/2005 This project continues the annual pavement rehabilitation program for City streets. Project scope focuses on Ynez Road, approximately between Rancho Califomia Road and Solana Way. Baseline mapping is complete. PS&E is 30% complete. NOE has been filed w/County. PS&E is 30% complete. NOE for CEQA clearance was approved. Advertising is anticipated in mid-July. 18. Rancho California Median Modifications This project will modify the median on Rancho California Road just east of 1-15 to accommodate one more lane of traffic. The project is in preliminary design phase. 6 R:\Monthly ActivityReport\CIP\2005\April-May .doc PROJECTS IN THE PLANNING STAGE 1. 1-15/ SR 79 South Interchange - Project Report (PR) This project will modify the 1-151 SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. An on- site meeting was conducted with Caltrans District Environmental for concurrence on approach to the NEPA document. The consultant initiated the Project Schedule, Project Charter, Risk Management Plan, Project Communication Plan, and Project Mapping, and obtained latest traffic volumes. Traffic operations were analyzed for various interchange layouts using year 2030 projected volumes, with and without a southern interchange. The results were presented to the City for direction. The City continued following up with various utility companieslagencies for facilities records. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The consultant submitted a screen check for the Project Report (PR), New Connection Report, Fact Sheet, Flood Plain and Scour Analysis Report, and Traffic Operations Analysis to both FHW A and Caltrans and M&N has received a few comments. The draft Project Report was submitted to Caltrans at the end of December 2004. The PR is under review by the State. Comments were due back at the end of February. The Consultant is working on addressing the comments that were received. 3. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. In order to proceed with the design of Diaz Road Extension for the proposed college, the alignment study was restarted with the existing information. The consultant is preparing a base map for the Diaz Road extension alignment. 4. French Valley Parkway Interim Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp - Phase I The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek The City met with Caltrans on April 27,2007, to finalize a scope. A southbound off-ramp to French Valley Parkway provided that all the environmental clearances can be obtained in time to include this in the construction of the improvements at the Winchester southbound off-ramp. The City and Moffatt & Nichole negotiated a scope and fee for this work. 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'" 8 .- .... - c: ~g'~3:g~ ~'Qj~~~~ .-.0 0 t;;: ~jti.~~gf .2 m Q) CI) 0 Ql ~.~ 5-ro 3 q::: c Q).~"";..., "0"2 a:: ~..... Ql Ql t) Q) a.~oS ~5l~~~1; :!! :!! z z :!! z :!! z :!! :!! z z '" c '0 'i" c o :!! z ~ " ~ ~ c .!! '5 ..., ~ ~ i ~ <C ~ ~ ~ ~ ~ ~ ~ '" '" I!! III I!! ~ j .. o ->- l'llL '2 .e '" ~ 8 0'- " ~ C) " .(/) >-- " ~ c: .~ ~ I!! (/)0. .Ei.'t ",'0 13 C l'! ": - '" c C 0:;::0 U '" ro~ ~- "~ ~.~ "E",<C$ m U ~ n:l 'CQlQl~ c:"~ c: 'C t3~~;~ 0; 2 '" c .2 ~ '" 'iJ " a. (/) " 5 '0 16 E 2 " 5 r r ,;, ~ w ~ o ~ .ESo '" '0 C 5 ~ ~ E.!!~ 'C~~ 8 jg "'. '" ~53~ 0?.8 '[ "~o. <t~_ €QlC 'j; c ~ " " '0 > ~ Qlm= ~.e" ~ '" ~ Ec:J2 ~~-g "~ -g 1; 0.8~ ~:= Ql :o~:: ~J,~ t)ct:l/l g lE ~ c:Q)0.. 8~~ >- 0' ~ C:Ql'9 .. E '" Eo <C E(/)' o . E ~~~ -g"~ E >e+,o .- a. ~ ~ "'-e- e5a.ai ';:'.c c: ts~g;.g <( ~ 2 '" c o -~ 'i5 c 8 '3 "! '" <C 13 " '" tl B~ '" " ~.2' 0.0. ,,- _ c -:!l~ a." ::;)0: "~ e c ~ ~ III .. " E ~ 28- E ~ -''0 .~ c: -' ~ 6~ n Ql ".e Qj~ Cl)o-ci ~ ~.~ "5..!:28 w a." c ~ 8.8~ ~ 0 ~ ~ - >- 0' 3 " o~ oS - '" -g6~ caSS ~ "ip a l/l ~ E ~ 3 8 3", " lE~5 ~US g Ql.S ~5'O 'Cc:e '" 0 " ~.s!c " .0 " ct:~g' c; ~.a; <(~.o :!! z :!! z '" c '0 'i" c o '" c '0 'i" c o .. .. to- to- .. .. '" '" I!! III I!! ~ ~ -' c o n " ;ji c ,1! ~ '" c o U '" ~ 0' 'C ~ > '" a '" ;;; a (/J a. :;:: MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: ~Brad Buron, Maintenance Superintendent DATE: May 3, 2005 SUBJECT: Monthly Activity Report - April, 2005 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for lhe month of April, 2005: I. SIGNS II. TREES A. B. C. Totai signs replaced Total signs installed Total signs repaired ~ ---1Q ---.l:J.. A. Total trees trimmed for sight distance and street sweeping concerns ~ III. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 7,047 ~ IV. CATCH BASINS A. Total catch basins cleaned -ill A. V. RIGHT-OF-WAY WEED ABATEMENT ---.J! TOlal square footage for right-of-way abatemenl VI. GRAFFITI REMOV AL A. B. Total locations ---11 2,505 Total S.F. VII. STENCILING A. 7 New and repainted legends B. 11,792 L.F. of new and repainted red curb and striping R:\MAINT AIN\MOACfRPT\2004-2005\ Also, City Maintenance staff responded to --1L service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin c1eanings. This is compared to ~ service order requests for the month of March, 2005. The Mainlenance Crew has also put in ~ hours of overtime which includes standby time, special events and response 10 street emergencies. The total cost for Street Maintenance performed by Contractors for the month of April, 2005 was $ 32,291.50 compared to $ 105,690.15for the month of March, 2005. Account No. 5402 Account No. 540 I Account No. 999-5402 $ 23,327.50 $ 8,964.00 $ cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINT Alr>;\MOACfRP'\,\100..t..2005\ Ul "'.... a: a: OOW~ 5:a.UC "w"''1' -a:<l ffi>z~ ::l~WO G.S!zN ...-;;:!1i 05::;w 1-<1->- Z>w..J W..Jw<( :::E:J:D::"U 1-1-...(1) !1iiSUlii: il;::; c ~ ~ ~ 0 o ~ >.~ ro '" ::; " ,I N_ Offi 0 a: III 00 N 0 0 !l!:l ~ ..0 .. 0 .. ;! 0 fZ;;! 00 N 0 0 N ~C! '" 0 ~ N 5 .. dd .,; '$ ci cieri .,; ....N ,..: ci .,; .. ci CD ill ~~ .. 0 0" '" N'" ~ ~ '" N '" '0 t;o~ .. 0 ~ .... C! "!.'ltR 0 '" ....- N ~ o !I! ,,; ,,; ,,; III It)~ fI5 ;0 N~ ;t '" ~ :i ::: N ~ ~~ ;U: ~ ~ CJ~> ;;; ~ ~ ~ ~ ~ .... ~ ~ ~ ~~ .... ..,fi a: .. 00 .. 0 0'" O~ 0 ~~ ~ 0 '" .. 0 fZ;;! .. 00 .. 0 O~ O~ 0 N 0 '" ~ 0 '0 .,; aa .,; .. g~ gg N 0.. N ci ,..: .; .. ~ .. 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"' z =i " " ~ z .. ~ ~ ~ " ~ " z ~ z " ~ ii STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 2005 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNELIBRIDGE OF WORK SIZE CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 04/05105 CITYWIDE DEBRIS REMOV AL FROM CITY LOTS; TRASH PICK-UP ALONG R.O.W.'s; MECHANICAL WEED # 5402 ABATEMENT TOTAL COST $ 9,800.00 Date: # TOTAL COST CONTRACTOR: BECKER ENGINEERING Date: 0411 2/05 DIAZ ROAD NORTH AND SOUTH OF REPAIRS TO DOWNSPOUTS ALONG DIAZ ROAD RANCHO WAY # 5402 TOTAL COST $ 7,315.00 Date: # TOTAL COST CONTRACTOR: MONTELEONE EXCAVATING Date: 04/04/05 MERCEDES LOT GRADING OF LOTS DUE TO HEAVY EROSION HWY 79 SO. LOT FROM RAINS # 5402 $ 6,212.50 TOTAL COST Date: 0411 8/05 JOHN WARNER DESIL TING POND REMOVAL OF SILT AND DEBRIS FROM LONG CANYON WASH CHANNELS # 5401 $ 8,964.00 TOTAL COST TOTAL COST ACCOUNT #5401 $ 5,964.00 TOTAL COST ACCOUNT #5402 $ 23,327.50 TOTAL COST ACCOUNT #99-5402 .0- U.\MA1NT"'''-'''''''ArTDDT\VVu '''''~. CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF APRIL, 2005 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 04/04105 MARGARITA ROAD AT RANCHO VISTA ROAD R & R A.C. 198 6 04/05/05 RAINBOW CANYON ROAD A.C. OVERLAY 518 3 04/0705 DE PORTOLA W/O MARGARITA A.C. OVERLAY 298 3 04/11105 CABRILLO AT JOHN WARNER A.C. OVERLAY 730 4.5 04/12/05 PESCADO / JEDEDlAH SMITH A.C. OVER LA Y 730 4.5 04/13/05 31010 PESCADO A.c. OVER LA Y 1,130 5.5 04/18/05 MARGARITA S/O RANCHO VISTA R & R A.C. 280 8 04/20105 CABRILLO ROAD A.C. OVERLA Y 854 5 04/21105 CABRILLO ROAD A.C. OVERLAY 795 5 04/25/05 PECHANGA P ARKW A Y / RAINBOW CANYON ROAD A.C. OVERLAY 624 3.5 04/26/05 PECHANGA PARKWAY / RAINBOW CANYON ROAD A.C. OVERLAY 890 4 TOTAL S.F. OF REPAIRS 7.047 TOTAL TONS 52 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF APRIL, 2005 DATE LOCATION WORK COMPLETED 04/11/05 CITYWIDE CLEANED & CHECKED 39 CATCH BASINS 04/12/05 AREA # I CLEANED & CHECKED 24 CATCH BASINS 04/14/05 AREA # I CLEANED & CHECKED 6 CATCH BASINS 04/18/05 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS 04/19/05 AREA # 1 CLEANED & CHECKED 34 CATCH BASINS 04/20/05 AREA #2 CLEANED & CHECKED 21 CATCH BASINS 04/21105 AREA #2 CLEANED & CHECKED 2 CATCH BASINS 04/25105 CITYWIDE CLEANED & CHECKED 8 CATCH BASINS 04/28/05 CITYWIDE RAIN CLEANED & CHECKED 30 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED ---11!! R:\MAINTAIN\WKCMPLETD\CATCHBAS\04.0.'i\APRIL.05 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF APRIL, 2005 DATE LOCATION WORK COMPLETED 04/04/05 28816 PUJOL REMOVED 8 S.F. OF GRAFFITI 04/05/05 32025 MEADOWS PARKWAY REMOVED 12 S.F. OF GRAFFITI 04/07/05 1-15 FWY SOUTH OF WINCHESTER REMOVED 13 SF OF GRAFFITI 04/08/05 RANCHO VISTA AT LOMA LINDA REMOVED 41 S.F. OF GRAFFITI 0411 1105 RANCHO CALIFORNIA ROAD AT COSMIC REMOVED 10 S.F. OF GRAFFITI 0411 1/05 BUTTERFIELD STAGE ROAD SOUTH OF HWY 79 SO. REMOVED 20 S.F. OF GRAFFITI 0411 1105 BUTTERFIELD STAGE ROAD AT WOLF STORE ROAD REMOVED 25 S.F. OF GRAFFITI 0411 1/05 28464 FELIX VALDEZ REMOVED 96 S.F. OF GRAFFITI 0411 3/05 A VENIDA DE MISSIONES AT VIA RIO TEMECULA REMOVED 1,257 S.F. OF GRAFFITI 04/13/05 YNEZ COURT REMOVED 649 S.F. OF GRAFFITI 04/13/05 30520 RANCHO CALIFORNIA ROAD REMOVED 80 S.F. OF GRAFFITI 04/14/05 MORAGA AT SUB-STATION REMOVED 250 S.F. OF GRAFFITI 0411 8/05 HWY 79 SO. AT MEADOWS PARKWAY REMOVED 10 S.F. OF GRAFFITI 0411 8/05 BUTTERFIELD STAGE ROAD AT WOLF STORE REMOVED 5 S.F. OF GRAFFITI 0411 8/05 TARGET CENTER REMOVED 20 S.F. OF GRAFFITI 04/19/05 VIA PUERT A NORTH OF CAMINO DEL ESTE REMOVED 4 S.F. OF GRAFFITI 04120/05 CHILDREN'S MUSEUM "MAIN STREET" REMOVED 5 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 2.505 TOTAL LOCATIONS 17 R:\MAINT AIN\WKCMPLTD\GRAFFITJl04.0:'i\APRIL.O.'i ~ << ~> ~o u~ ~~ ~~ ~~ ~5: ~~ o~ ~~ ~~ ~l.t) u= = ~ 1---------- 0 w c i > 0 Z I- 0 0 I- 0.. W tJ) I- Cl u.. ::l 0 <t >- (J) ..J + ::l ..., w I- z (J) ::l ..., 0 >- () <t + :; II: 0.. <t II: <t :; lD W LL Z <t ..., (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) (;) al co I' CD U') ..,. C') N ... -1..00'1["--, - N N ....'" ",0 ",0 ;;..N ",- ..=>> ... 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Y> ... o o ~~~ .<Il_ 0'0'" eIlUU CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF APRIL, 2005 DATE DATE WORK REC'D LOCATION REQUEST COMPLETED 04/01105 43451 CORTE DURAZO SNS DOWN 04/0 I /05 04/01/05 42032 DELMONTE STREET EGGS ON STREET 0410 1 /05 04/01/05 42719 TIERRA ROBLES DRAIN CONCERN 04/01/05 0410 1105 46050 CLUBHOUSE DRIVE TREE TRIMMING 04/01105 04/04/05 43384 VIA ANGELES DEBRIS REMOVAL 04/04/05 04104/05 SOLANA AT MARGARITA DEBRIS REMOVAL 04/04105 04/04/05 41570 CORTE AMALIA ROOT PRUNING 04104105 04/05/05 43738 BUTTERNUT DRIVE DEAD TREE 04105/05 04/06/05 43500 VILLA DEL SUR DEBRIS REMOVAL 04/06/05 04106/05 DEEPWOOD CIRCLE AT WAYNE WOOD CIRCLE S.N.S. MISSING 04/06/05 04/06/05 CAMP ANULA WAY STREET SIGN DOWN 04/06105 04/07105 46050 CLUBHOUSE DRIVE TREE TRIMMING 04/07/05 04/08/05 3 I 296 DURNEY COURT OIL SPILL 04/08/05 04/1 lI05 30476 MILANO ROAD WEED ABATEMENT 04/1 lI05 04/12105 WINCHESTER WEST OF DlAZ SIGN DOWN 04/12/05 04/12105 30800 LOLITA ROAD DEBRIS REMOVAL 04/12/05 04/13/05 YNEZ AT OVERLAND DEBRIS REMOVAL 04113/05 04/14/05 A VENIDA CIMA DEL SOL E/O MARGARITA SIGN DOWN 04/14/05 04/14/05 31471 SANDHILL LANE CELL PHONE IN CATCH BASIN 04/14/05 04/15/05 32049 PINOT BLANC COURT ROOT PRUNING 04/15105 04/15/05 32031 CALLE CABALLOS DEBRIS PICK-UP 04/18/05 04/18/05 40483 BRIXTON COVE DEBRIS PICK-UP 04/18/05 04/18/05 45680 CLUBHOUSE DRIVE TREE REPLACEMENT 04/18/05 04/18/05 29793 VIA LAS CHACRAS OIL SPILL 04/1805 04/18/05 RANCHO CALIF. RD. AT BUTTERFIELD STAGE RD. NAILS IN ROAD 04/18/05 R:\MA1NT AIN\WRKCOMPLTD\SORS\04.05\APR1LO~ DATE DA TE WORK REC'D LOCATION REQUEST COMPLETED 04118/05 SANTIAGO ROAD AT AMARIT A WAY POTHOLES 04118/05 04/18/05 31074 MIRA LOMA ROOT PRUNING 04118/05 04118/05 32004 MERLOT CREST TREE TRIMMING 04118/05 04119/05 MARGARITA AT WINCHESTER STREET SIGN MISSING 04119/05 04/21/05 SOLANA AT MARGARITA GRAFFITI 04/21/05 04/21/05 WINCHESTER AT RORIPAUGH POTHOLE 04/21/05 04/21/05 44767 MARZI COURT TREE REMOV AL 04/21/05 04/25/05 30611 VERODA PLACE TREE TRIMMING 04/25/05 04/25/05 29631 DEL REY ROAD DIRT REMOVAL 04/25/05 04/26/05 39390 KIMBERLY GRADED ROADS 04/26/05 04/26/05 43414 FASSANO COURT A.C. REPAIR 04/26/05 04/26/05 43414 FASSANO COURT P.c.c. REPAIR 04/26/05 04/27/05 30327 SANTA CECILIA DISEASED TREE 04/27/05 04/28/05 31078 SPOON CIRCLE TREE REMOV AL 04/28/05 04/29/05 MARGARITA AT SOLANA POTHOLES 04/29/05 04/29/05 SANTIAGO ROAD GRADE ROAD 04/29/05 TOTAL SERVICE ORDER REQUESTS 41 R:\MAINT AIN\WRKCOMPL TD\SORS\04.05\APRIL.U.'i CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF APRIL, 2005 DATE LOCATION WORK COMPLETED 04/01105 KENT HINTERGARDT PARK INST ALLED R-l 04/04/05 CORTE DURAZO AT VIA CORDARO REPLACED W-17 04/06/05 MARGARITA AT LA SERENA REPLACED WI-7 04/07/05 YNEZ AT TOWN CENTER REPLACED R-7 04/07/05 42750 MARGARITA REPLACED R-7 04/07/05 BUTTERFIELD STAGE ROAD AT CROWN HILL REPLACED R-7 04/07/05 MEADOWS PARKWAY AT PAUBA ROAD REPLACED R-7 04/07/05 CAMPANULA REPLACED R-17 04/07/05 CALLE GIRASOL AT NICHOLAS REPLACED W-8I 04/07/05 PIO PI CO AT MARGARITA REPLACED DELINEATOR 04/07/05 CITYWIDE REPAIRED 6 SIGNS 04108/05 MARGARITA AT NO. GENERAL KEARNEY REPLACED R-7. "K" MARKER 04/08105 YNEZ AT TOWN CENTER REPLACED R-7, "K" MARKER 04/11/05 30601 RANCHO CALIFORNIA ROAD REPLACED R-7, "K" MARKER 04/ I 1105 RANCHO CALIFORNIA ROAD AT HOPE WAY REPLACED R-7, "K" MARKER 04/11/05 ASTI WAY AT SUNNY MEADOWS REPLACED R-7. "K" MARKER 04/ I 1105 McCABE AT MEADOWS PARKWAY REPLACED R-l 04/1 1105 RANCHO CALIF. RD. AT BUSINESS PARK DRIVE REPLACED R-I 04/1 1105 WINCHESTER AT REMINGTON REPLACED R-l 04/12/05 CITYWIDE SNS REPLACEMENT PROGRAM REPLACED 42 SNS 04/13/05 WINCHESTER W/O DEAZ REPLACED R-2-45 04/13/05 CITYWIDE SNS REPLACEMENT PROGRAM REPLACED 20 SNS 04/14/05 CITYWIDE SNS REPLACEMENT PROGRAM REPLACED 29 SNS R:\MAINT AIN\WKCMPL TD\SIGNS\04.0'i\APRII__O<i DATE LOCATION WORK COMPLETED 04/18/05 CIMA DEL SOL AT MARGARITA REPLACED R-I,R-I-A 04/19/05 . DEL RIO W/O JEFFERSON REPLACED W-41 04/19/05 WINCHESTER REPLACED R-26 04/1 0/05 HWY 79 SO. AT OLD TOWN FRONT INSTALLED 6 SPEC. SIGNS 04/21/05 TIRANO DRIVE INSTALLED W-53 04/21/05 CITYWIDE REPAIRED 8 SIGNS 04/21/05 CITYWIDE S.N.S. REPLACEMENT PROGRAM REPLACED 30 S.N.S. 04/25/05 WINCHESTER AT FARMER BOYS REPLACED R-7 04/25/05 PECHANGA PARKWAY S/O LOMA LINDA REPLACED R-2 50 04/25/05 6TH STREET PARKING LOT INSTALLED 2 R-26 04/25/05 WINCHESTER N/O YNEZ REPLACE R-6I 04/25/05 ALENCON ATFAVARA REPLACE S.N.S. 04/16/05 RANCHO CALIFORNIA ROAD AT YNEZ REPLACE R-18-I 04/26/05 RANCHO CALIFORNIA ROAD E/B YNEZ REPLACE R2 - 40 04/26/05 RANCHO CALIFORNIA ROAD E/O MARGARITA REPLACE R26 - 81 04/26/05 RANCHO CALIFORNIA ROAD AT VINTAGE HILLS REPLACE 2 CARSONITES 04/26/05 RANCHO CALIFORNIA ROAD E/O MARGARITA REPLACE 2 CARSONITES 04/26/05 RANCHO CALIFORNIA ROAD AT YUKON REPLACE R-7 04/26/05 CITYWIDE REPAIRED 13 SIGNS TOTAL SIGNS REPLACED 158 TOTAL SIGNS INSTALLED ---1Q TOTAL SIGNS REPAIRED --1:1 R,\MAINTAIN\WKrMi>1 TO\<:lr.N<':\N1I'l<'\APPll ,... CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS 1 STRIPING MONTH OF APRIL, 2005 DATE LOCATION WORK COMPLETED 04/0 lI05 ALORA AT AMARIT A WAY INSTALLED 7 LEGENDS 04/05/05 VIA RAMI INSTALLED 440 L.F. OF RED CURB 04/05/05 FRONT STREET AT HWY 79 SO. REPAINTED 124 L.F. OF RED CURB 04/14/05 AREA #1 REPAINTED 3,099 L.F. OF RED CURB 04/21/05 AREA #1 REPAINTED 7,899 L.F. OF RED CURB 04/22/05 RORIPAUGH ROAD N/O WINCHESTER INSTALLED 230 L.F. OF RED CURB TOTAL NEW & REPAINTED LEGENDS 7 NEW & REPAINTED RED CURB & STRIPING L.F. 1l,792 R:\MAINTAIMWIl:KrflMVI Tn\<':TIHP1"r.\M n~\H)D" {l~ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF APRIL, 2005 DATE LOCATION WORK COMPLETED 04/26/05 RANCHO CALIFORNIA ROAD E/O YNEZ TRIMMED 5 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 5 R,\MAINTAIN\WRKCOMPL TD\TREES\04.05\APRIL05 APPROVAL CITY ATTORNEY ~_ DIRECTOR OF FINANCE ~ CITY MANAGER J CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Jim Domenoe, Chief of POIiC~ DATE: May 24, 2005 SUBJECT: Monthly Departmental Report The following report reflects the activity of the Temecula Police Department for the month of April. PATROL SERVICES Overall calls for police service..............................................................................................2,841 "Priority One" calls for service ...................................................................................................57 Average response time for "Priority One" calls ........................................................... 5.8 minutes VOLUNTEERS Volunteer administration hours.... ........ ................. ........ ..... ........... ........ ........... ..... .................. 365 Community Action Patrol (CAP) hours ....................................................................................163 Reserve officer hours (patrol)............. ..... ........... ...... ........... ..... ........ ........... .............. ..... ........... 59 Total Volunteer hours...... ........... ........... ..... ........ ......... ........ ..... .............. ........ .............. ..... ...... 819 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted .....................................................................................5 Residential/business security surveys conducted ....................................................................0/1 Businesses visited ................ ........ .............. ..... ......... ..... ........ ........ ........... ........... ........... .......... 11 Businesses visited for past crime follow-up ...............................................................................14 Crime prevention articles............................................................................................................ 1 Total square footage of graffiti removed...............................................................................2,505 OLD TOWN STOREFRONT Total customers served.......... ........... ........ ........ ......... ........ ........ ........ ........... ................. ......... 219 Sets of fingerprints taken ..........................................................................................................62 Police reports filed.................................................................................................................... 28 Citations signed off .. ... ... ... ... ........ ........ ... ........ ...... ... ..... ... ..... ... ........ ... ..... ... ... ..... ... ... ... ........ ... ....8 Total receipts ... ... ...... ..... ... ... ... ..... ... ..... ... ... ..... ... ...... ... ..... ..... ... ... ..... ... ... ..... ... ... .............. ... $5,876 POP TEAMS On-site felony arrests.................................................................................................................. 7 On-site misdemeanor arrests.................................................................................................... 20 Felony arrest warrants served ........ ........ ... ... ... ... .... .............. ... ... ... ... ... ... ... ... ...... ...... ............... ....8 Misdemeanor arrest warrants served ........................ ............................. .....................................0 Follow-up investigations............................................................................................................ 35 F:\Monthly Agenda Report\April.dac TRAFFIC Citations issued for hazardous violations............................................................................. 1,182 D. U.1. arrests....................................................................................................................... ...... 14 D.U.1. checkpoints conducted .....................................................................................................1 Non-hazardous citations........................................................................................................... 53 Stop Light Abuse Program (S.L.A.P.) citations........................................................................435 Neighborhood Enforcement Team (NET.) citations ...............................................................146 Parking citations....................................................................................................................... 68 Injury collisions...................................................................................................................... ...27 INVESTIGATIONS Average case rate per detective.................................................................................................. 5 Average case closure rate ..........................................................................................................3 Number of community seminars conducted ................................................................................2 SPECIAL ENFORCEMENT TEAM (SET TEAM) On-site felony arrests.................................................................................................................. 3 On-site misdemeanor arrests...................................................................................................... 0 Felony arrest warrants served. ... ... ... ........... ... ... ......... ... ... ........ ... ... ... ... ........... ...... ... ... ... ........ .....0 Misdemeanor arrest warrants served.................... ........ .................... .............. ......... ................... 0 Follow-up investigations.............................................................................................................. 0 IIleaal druas seized Methamphetamine: approximately 7g PROMENADE MALL TEAM ~~~~rv~........................................................................................................................~ Felony arrest/filings................................................................................................................. .... 1 Misdemeanor arrest/filings........................................................................................................ 13 Vehicle burglaries.................................................................................................................... ...0 Vehicle thefts......................................................................................................................... ..... 1 SCHOOL RESOURCE OFFICERS Felony arrests....................................................................................................................... ......2 Misdemeanor arrests................... .............. ............ ........ .............. ..... ............ .................... ........ 13 Citations..................................................................................................................... ...............28 Youth counseled..................................................................................................................... 241 YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members........................................................................ 3 School visits......................................................................................................................... .....62 Home visits......................................................................................................................... ......31 F:\Monthly Agenda Report\April.doc APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City ManagerlCity Council Debbie Ubnoske, Director of Planning DATE: May 24, 2005 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of April. . CURRENT PLANNING ACTIVITIES New Cases The Division received 72 new applications for administrative, other minor cases, and home occupations and 10applications for public hearings during the month of April. The new public hearing cases are as follows: DEVELOPMENT PLAN CONDITIONAL USE PERMITS HOME PRODUCT REVIEW LOT LINE ADJUSTMENT 6 1 1 2 Status of Maior Proiects New Proiects . Temecula Faith Center - A Minor Conditional Use Permit submitted on April 14, 2005 for Temecula Faith Center to locate in an existing industrial building located at 42266 Remington Avenue. The total church square footage proposed is 8607 square feet, which represents an addition of a 500 square foot mezzanine. Staff is currently awaiting submittal of a parking analysis from the applicant. The project is scheduled for Pre-DRC on May 10, 2005. (PA05-0114 - KITZEROW) . Redwood @ Wolf Creek - A Home Product Review submitted on April 13, 2005 for 159 single family homes located In Planning Area 22 of the Wolf Creek Specific Plan. Four floor plans with 3 elevations each are proposed, ranging in size from 3299 square feet to 4495 square feet. A DRC letter was mailed to the applicant on May 4, 2005. Staff is currently awaiting resubmittal. (PA05-0113 - KITZEROW) R\MONTHL Y.RPT\2005\4- 1-2005 Report.doc . Palm Valley Condos - A Pre-application for a Tentative Subdivision Map and Development submitted on April 12, 2005 to convert an existing 32-unit apartment complex located at 42140 Lyndie Lane into condominiums. This project is under review and a Pre-DRC meeting is scheduled for May 10, 2005. (PR05-0009 - KITZEROW) . Auto Center - A Development Application submitted on AprilS, 2005 for a 6,806 square foot auto service center located on the southwest corner of Commerce Center Drive and Via Montezuma. Letter was mailed to applicant on May 5, 2005. Staff is waiting for applicant response. (PA05-0086 - DAMKO) . Winchester Gilcrest - A Development Plan submitted on AprilS, 2005 for a total of 55,956 square feet of industrial office Iwarehouse space in 3 one story buildings. The project is located on the south side of Winchester Road, west of Diaz Road. A DRC is scheduled for May 12, 2005. (PA05-0096 - DAMKO) . Madison Lot 13 - A Development Plan submitted on April 14, 2005 for a 13,411 square foot service commercial building located on the southwest corner of Madison Avenue and Buecking Drive. A DRC meeting is scheduled for May 12, 2005. (PA05-0100 - DAMKO) . Madison Lot 6 - A Development Plan submitted on April 14, 2005 for a 23,618 square foot service commercial building located on the cul-de-sac of Madison Avenue. A DRC meeting is scheduled for May 12, 2005. (PA05-0101 - DAMKO) . Temecula Glass Company - A Development Plan to construct an 11,271 square foot commercial building on .987 acres located at 41755 Enterprise Circle. The application was submitted on April 12, 2005. A Pre-DRC meeting is scheduled for May 10,2005. (PA05-01 05- BALES) . Industrial Condominiums of Temecula - A Development Plan to construct three light industrial buildings totaling 85,900 square feet on 5.5 acres located on the north side of Remington Avenue, approximately 550 feet west of Diaz Road. The project was submitted on April 27, 2005. Staff is currently reviewing the application. (PA05-0127 - FISK) . Villa Del Sol Apartments - A Minor Modification to construct a 640 square foot utility/workout room at an existing apartment complex. The subject property is located at 28566 Pujol Street. The application was submitted on May g, 2005. Comments are due from affected departments on May 23,2005. (PA05-0137 - HARRIS) . Shire Building Modifications - A Minor Modification to construct faQade and flatwork improvements, change building color and add signage. The subject property is located at 28656 Old Town Front Street. The application was submitted on April 13, 2005. The project has been scheduled for the May 10, 2005 Pre-DRC meeting and will be considered by the Old Town Local Review Board in June. (PA05-0111 - HARRIS) . Outdoor Channel Satellite Antenna - To construct, establish and operate a 35'-6" television satellite antenna, exterior generator with enclosure and associated parking lot modifications. The subject property is located at 43455 Business Park Drive. The application was submitted on May 3,2005. Comments are due from affected departments on May 24,2005. (PA05-0130 - HARRIS) R\MONTHL Y.RPT\2005\4-1-2005 Report.doc 2 Recentlv Approved Proiects . Marquis at Wolf Creek Modification -A Minor Modification to previously approved Home Product Review (PA04-006) for Planning Area 6 of the Wolf Creek Specific Plan to increase the number of Plan 2 units. The application was submitted on March 28, 2005. A comment letter was mailed on March 30, 2005. Revised plans were resubmitted on April 13, 2005 and the project was approved on April 14, 2005. (PA05-0089 - KITZEROW) . Community National Bank - An Administrative Development Plan for minor exterior modifications including paint, awnings, marquis entryway and 46 square foot enclosure to the existing bank. Project site is located in Tower Plaza at 27541 Ynez Road. The application was submitted on April 6, 2005 and minor comments were requested on April 14, 2005. Revised plans were submitted on April 15, 2005 and the project was approved. (PA05-0099- KITZEROW) . O'Hern Wall Sign Program - A Sign Program for an 18,870 square foot multi-tenant industrial building located at 42108 Roick Drive. Submitted on February 28, 2005. A DRC letter was mailed to the applicant on March 14, 2005. Revised plans were submitted on April 25, 2005 and the project was approved on April 26, 2005. (relates to PA02-0551). (PA05-0061:'" KITZEROW) . Carriage Motors - A Temporary Use Permit for a new vehicle storagelparking lot located at 28971 Old Town Front Street. The application was submitted on March 4,2005 and approved on April 1 ,2005. (PA05-0069 - KITZEROW) . Temecula Education Complex - A Development Plan and PDO for the construction of a 144,000 sq. ft. education complex, a 10,000 sq. ft. Research and Development and conference center, 16,000 sq. ft. day care facility, 48,000 sq. ft. of retail space, a two story parking structure and 288 apartment units on 40 acres located at the northwest corner of Diaz Road and Dendy Parkway. The application was submitted on November 17, 2004. A DRC letter was sent to the applicant on December 27, 2004 and revised plans were submitted on February 2, 2005. A DRC meeting was held again on February 16, 2005. The applicant resubmitted some plans on February 22, 2005 and some on March 1, 2005. The project was recommended for approval by the Planning Commission at the May 4, 2005 Planning Commission hearing and is anticipated to be scheduled for the June 28 2005 City Council haring. (PA04-0582 - FISK) Proiects Under Review Commercial . Star World Center - A Development Plan to construct a 13,709 square foot commercial building on 1.4 acres located on the west side of Old Town Front Street, approximately 800 feet south of Santiago Road. The application was submitted on November 22, 2004. A DRC meeting was held with the applicant on January 6, 2005. A DRC letter was sent to the applicant on January 6, 2005. Revised plans were submitted on April 27, 2005 and staff is currently reviewing the revised plans. (PA04-0584 - FISK) . Krieger's Fa~ade and Porch - A Minor Modification to a Development Plan to paint an existing building and to construct a 528 square foot covered porch along the west side of the building. The application was submitted on February 22,2005. A DRC meeting was held on March 31, R\MONTHL Y.RPTI2005\4-1-2005 Report.doc 3 2005 and a DRC letter was sent to the applicant on April 6, 2005. The project is scheduled for the May 9, 2005 Old Town Local Review Board meeting. (PA05-0055 - FISK) . Elite's Plaza - A Development Plan to construct two office buildings and one retail building totaling 74,056 square feet on 4.6 acres located on the east side of Jefferson Avenue approximately 500 feet north of Rancho California Road. The application was submitted December 22, 2004. A DRC meeting was held February 24, 2005. A DRC letter was sent to the applicant on February 28, 2005. Plans were resubmitted April 18, 2005. A second DRC is scheduled May 19, 2005. (PA04-0623 - PETERS) . Palomar Plaza - A Development Plan to construct a 5,999 square foot dental office on 1.06 acres, located at 43980 Margarita Road. The project was submitted on December 14, 2004. Comments were due on January 5, 2005. A Pre-DRC was held on January 11, 2005, and a DRC was held on January 20, 2005. Staff sent comment letter on January 20, 2005. The applicant submitted revised plans on March 8, 2005. This project has been scheduled for the May 19, 2005 Director's Hearing. (PA04-0612 - HARRIS) . Tall Tree Mall Expansion - A Development Plan to construct a 3,000 square foot addition to an existing 3,600 square foot commercial office building on .18 acres, located at 41964 Main Street in Old Town. The project was submitted on December 21,2004. A DRC was held on February 17,2005. A DRC letter was sent on February 18, 2005. A 30 day letter was sent to the applicant on April 22, 2005. Staff is currently waiting for revised plans. (PA04-0622 - FISK) . County Center Drive Cingular Wireless - A Minor Conditional Use Permitto construct a rooftop wireless antenna facility located at 40940 Country Center Drive. This project was submitted December 6, 2004. A Pre-DRC was held on January 4, 2005. Staff has sent a letter outlining concerns and requesting information. Revised plans were resubmitted on April 21 ,2005. Public hearing information was requested from the applicant on April 25, 2005. Conditions of Approval were requested from other department by May g, 2005. Staff is currently awaiting receipt of these items prior to confirming Director's Hearing date. (PA04-0600 - KITZEROW) . Crawford Suites Hotel- A Pre-Application for a Development Plan to construct a 96 unit, 4 story hotel at the southeast corner of Jefferson Avenue and Winchester Road, was submitted on December 27, 2004. A Pre-DRC meeting was held on January 18, 2005. The applicant provided additional information to be forwarded to our Architectural consultant. Architectural review comments were sent to the applicant on March 7, 2005. Revised plans were resubmitted on April 18, 2004 and final comments for this pre-application were mailed to the applicant on May 4, 2005. Staff is awaiting submittal of a formal application. (PR04-0020 - KITZEROW) . Boys & Girls Club - A Development Plan to construct a 5,500 square foot commercial building on a portion of the 9.12 acre Kent Hintergardt Memorial Park located at 31465 Via Cordoba. The application was submitted on December 20, 2004. A DRC meeting was held on January 20, 2005 and a DRC letter was sent to the applicant on January 20, 2005. The project was heard at the April 14, 2005 Director's Hearing and was referred to the Planning Commission. The project is scheduled to be heard at the May 18, 2005 Planning Commission hearing. (PA04-0605 -FISK) . Temecula Town Center Modifications - A Major Modification and Modified Sign Program to construct various facade renovations and parking lot modifications and modify existing sign program within the Temecula Town Center, located on the northeast corner of Rancho California Road and Ynez Road. The application was submitted on September 23, 2004. Staff requested sign program modifications the first week in February 2005. The applicant submitted revisions R:\MONTHL Y.RPT12005\4- 1-2005 Report.doc 4 on March 16, 2005. Staff provided a second comment letter on April 4, 2005. The applicant provided revisions on May 5, 2005. The projects will be scheduled for the June 1, 2005 Planning Commission meeting. (PA04-0530 - HARRIS) . Butterfield Ranch - A Development Plan to construct five commercial buildings totaling 42,385 square feet and creating two pads for future commercial buildings totaling 13,300 square feet on 6.7 acres located at the southwest corner of Highway 79 South and Butterfield Stage Road. The application was submitted on December 20, 2004. DRC was held on January 27, 2005. Applicant resubmitted on March 2, 2005. Project scheduled for May 18, 2005 Planning Commission. (PA04-0621 - DAMKO) . Moreno Road Office Building - A Development Plan to construct a two - story 7,000 square foot office building on .76 acres, located at 41919 Moreno Road. The application was submitted on July 12, 2004. Staff provided a DRC comment letter to the applicant on August 23, 2004. Revised plans were submitted on February 22, 2005. Staff provided a comment letter to the applicant on March 31,2005. The applicant provided revised plans on April 18, 2005. The project was reviewed by the Old Town Review Board on May g, 2005 and will be scheduled for the June 2, 2005 Director's Hearing. (PA04-0470 - HARRIS) . Temecula Corporate Center - A Pre-Application for a mixed-use business park was submitted on October 5, 2004, consisting of 17 office, "flextech", and industrial buildings on two parcels (6.19 and 6.23 acres) on the east and west sides of Via Industria. A DRC meeting was held November 4, 2004. Staff is waiting for the formal submittal of a Development Plan application. (PR04-0017 - PETERS) . Calle Cortez - A Development Plan application was submitted on October 1, 2004 to construct two concrete tilt-up service commercial buildings. Building 1 is 16,954 square feet and building 2 is 15,432 square feet. The project is located on the north side of Calle Cortez, just west of Jefferson. DRC was held on November 18, 2004. Staff is waiting for applicant response. (PA04-0544 - DAMKO) . EI Torito -A Development Plan to construct and operate a 7,380 square foot restaurant on 0.42 acres located at 40517 Margarita Road (Power Center II). The application was submitted on October 25, 2004. A DRC meeting was held on December 2, 2004 and a DRC letter was sent to the applicant on December 2, 2004. Meetings were scheduled with the applicant and Director of Planning to discuss the proposed architecture on January 11, and 20, 2005. The project was heard at the April 20, 2005 Planning Commission hearing and was continued to the May 18, 2005 Planning Commission hearing to allow for further review of the project by the City's architectural consultant. (PA04-0561 - FISK) . Margarita Crossing - A Development Plan to construct a 37,173 square foot mixed use retail restaurant center on 5.56 acres located at the northwest corner of Margarita Road and Nicole Lane. The application was submitted on October 28, 2004. A DRC meeting was held on , December g, 2004. Staff has sent a DRC letter to the applicant and recently received comments from a third party review of the plans. Staff met with the applicant on February 14, and 22, 2005 to discuss site plan and architectural issues. The applicant has indicated a desire to be scheduled for a Planning Commission hearing without having addressed staff's comments. Plan sets submitted for a Planning Commission hearing included building elevations not previously reviewed. The plans are currently being reviewed by Staff. Staff anticipates a June Planning Commission hearing for the project. (PA04-0563 - FISK) R:\MONTHL Y.RPT\2005\4- 1-2005 Report.doc 5 . La Quinta Inn & Suites - A Pre-Application was submitted on November 17, 2004 for a 98 unit facility used for lodging located on Highway 79 South, east of La Paz Road. Staff is currently working with the applicant on a different location for the use. (PR04-0019 - DAMKO) . General Kearney Reservoir Wireless Facility - A Conditional Use permit to replace an existing non-disguised unmanned wireless monopole with a new 65-foot tall unmanned wireless monopine with 12 antennas, four-foot diameter microwave dish and associated 336 square foot equipment shelter and a back-up generator. The subject property is located east of Placer Lafite and south of Chemin Coutet. The application was submitted on March 1, 2005. Letter notifying applicant of initial study was sent on March 28, 2005. A DRC meeting was held on April 21, 2005. Staff is currently awaiting revisions. (PA05-0063 - BALES) . Creekside Centre Sign Program - To establish and implement a sign program for the Creekside Centre Shopping plaza. The subject property is located at the southeast corner of Overland Drive and Nicole Lane. The application was submitted on March 1, 2005. A comments letter was provided to the applicant on April 8, 2005. Staff continues to await revisions as of May g, 2005. (PA05-0062 - HARRIS) . Temecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven commercial lofficelretail buildings at the southeast corner of Jedediah Smith Road and Hwy 79 South. The application was submitted on February g, 2005. This item is tentatively scheduled to be presented at the June 15, 2005 Planning Commission meeting. (PA05-0040 - PAPP) . Old Adobe Plaza - A Minor Modification to an existing Development Plan to modify the exterior entryways and add an ATM to an existing 3,850 square foot suite located at 27645 Jefferson Avenue. The application was submitted on February 14, 2005. A DRC letter was sent to the applicant on March 17, 2005 and staff is currently awaiting the submittal of revised plans. (PA05-0046 BALES) . Cassatt Academy - A Conditional Use Permit and Development Plan to construct an administration building and three classroom buildings totaling 5,760 square feet on 2.93 acres, located at the northeast corner of Calle Girasol and Aussie Ave. The application was submitted February 24, 2005. A DRC meeting was held March 24, 2005. The Planning Commission denied on May 4,2005. The applicant filed an appeal of the Planning Commission decision on May 10, 2005. (PA05-0060 - PETERS) . Temecula House of Wine - A request for a Finding of Public Convenience and Necessity for Temecula House of Wine to establish a 2,108 square foot outdoor tasting room plus 459 square foot retail sales area for wine at the Palomar Inn Hotel, located at 28522 Old Town Front Street. This application was submitted on February 7,2005. A DRC meeting was held on March 17, 2005 with the applicant. A DRC letter was mailed to the applicant on March 17, 2005. Staff is currently awaiting resubmittal. (PA05-0032 - KITZEROW) . Rancho Temecula Town Center-A comprehensive sign program for Rancho Temecula Town Center submitted on February 17, 2005. The subject property is located at the corner of Winchester and Nicolas. A DRC letter was sent on March 7, 2005. The applicant resubmitted plans on April 11, 2005. Staff is currently reviewing the plans. (PA05-0052 - PETERS) . Country Splendor Flowers - A Minor Conditional Use Permit and a request for a Finding of Public Convenience and Necessity for Country Splendor Flowers to sell wine and beer in gift baskets within an existing 816 square foot suite at 31285 Highway 79 S. This project was R\MONTHL Y.RPT\2005\4-1-2005 Report.doc 6 submitted February 24, 2005. The project is scheduled for the May 18, 2005 Planning Commission meeting. (PA05-0059 BALES) . Beverages & More - A Minor Conditional Use Permit and request for a Finding of Public Convenience and Necessity for Beverages & More to establish a 10,000 square foot retail store for the sale of alcoholic beverages and specialty items, located at 39672 Winchester Road. This project was submitted on March 31,2005. Staff anticipates that the project will be heard at the June 15, 2005 Planning Commission meeting. (PA05-0093 - BALES) Subdivisions . PM 28049 EOT - A fourth Extension of Time for Parcel Map 28049 (A proposed multi-family residential development. The subject property is located at the northwest corner of Pujol Street and Calle Cerrillo. The application was submitted on September 30, 2004. Staff continues to await an environmental study to address MSHCP requirements as of May 9, 2005. (PA04-0539 - HARRIS) . . Butterfield Ranch - Tentative Tract Map submitted on March 2, 2005 for the subdivision of 7 commercial lots. The project is located on the south east corner of Highway 79 S. and Butterfield Ranch Road. The project is scheduled for a May 19, 2005 Director's Hearing. (PA05-0066 - DAMKO) . Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into 6 parcels located at the east side of Ynez Road north of Rancho California Road and south of Solana Way. This project was submitted on January 6, 2005. Comments are due January 28, 2005 and a Pre- DRC has been scheduled for February 1, 2005. A DRC was held February 10, 2005. A DRC letter was sent on February 10, 2005. No change in status as of May g, 2005. (PA05-0004- HARRIS) . Wolf Creek Motorcourts -A Home product Review and a Tentative Tract Map to subdivide 14.1 acres into 6 common lots with 113 residential units in a motor court design. The application was submitted February 7, 2005. A DRC meeting was held March 10,2005. Staff is awaiting revised plans. (PA05-0034 - PETERS) Industrial . Legacy Corporate Center - A Development Plan to construct, establish, and operate two industrial buildings totaling 84,006 square feet and one office building totaling 32,500 square feet. The applicant submitted plans February 17, 2005. The subject property is located at the northwest corner of Diaz Road and Remington Ave. A DRC meeting was conducted on March 24, 2005. Staff is awaiting revised plans. (PA05-0053 - HARRIS) . Alvarez Del Rio Building - A Development Plan to construct, e~tablish and operate a 17, 378 square foot officelwarehouse building on 1.43 acres. The subject property is located on the east side of Del Rio Road, south of Calle Cortez. A DRC meeting was held on November 18, 2004. Staff continues to await revised plans as of May g, 2005. (PA04-0543 - HARRIS) . Marble Express Building - A Development Plan to construct, establish and operate a 17,421 square foot industrial building on a 1.1 acre site located at 42068 Winchester Road. The applicant submitted plans on January 24, 2005. A DRC meeting was held with the applicant on R:\MONTHL Y.RPT\2005\4- 1-2005 Report.doc 7 February 24th, 2005. Revised plans were submitted on May 9, 2005.The project will be scheduled for the June 14, Planning Commission hearing. (PA05-0016 - HARRIS) . Temecula Corporate Center - Tentative Parcel Map to create two common lots consisting of 6.24 and 9.13 acres with 17 condominium units on the north and south side of Via Industria, and a Development Plan to construct 17 office, flex-tech, and industrial buildings totaling approximately 250,440 square feet. The application was submitted February 8, 2005 and a DRC meeting was held March 17,2005. Staff is awaiting revised plans. (PA05-0036, PA05- 0037 - PETERS) Mixed Use Residential . Naron Pacific Tentative Tract Map 30434 and Planned Development- A proposal for a zone change from L-1 to PDO on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The application was originally submitted on April 18, 2002. The CAD has made a recommendation on policy for the Chaparral Area allowing %- acre lots if it does not increase the "net" density. A PDO was submitted on March 25, 2004. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. An environmental constraint map was submitted on February 9, 2005. Staff met with the applicant on March 22, 2005 to discuss grading impacts and received revised plans and constraints map. A letter was mailed to the applicant on April 7, 2005 informing him that the submitted plans are not adequate, the project is still considered incomplete, and additional information is still required in order to proceed with processing. Staff met internally on April 8, 2005 to discuss General Plan update. A letter was sent to the applicant on April 13, 2005 to explain City Council decision not to modify Chaparral Policy, therefore project plans must be revised to adhere to existing policies within General Plan. Staff is currently awaiting submittal of revised plans. (PA02-0204 PA02-0193- KITZEROW) . Pujol Apartments - A Pre-Application to construct, establish and operate 104 Multiple-Family dwellings on 7.8 acres located at the southern terminus of Pujol Street. The application was submitted on AprilS, 2005. The application has been scheduled for the May 10, 2005 Pre DRC meeting. (PR05-0008 - HARRIS) . La Vasani TPM - A Tentative parcel Map to subdivide 4.96 acres into 2 parcels located at 30854 Lolita Road. This project was submitted on February 23, 2005. A DRC letter was sent out on March 21, 2005. Staff is currently waiting for applicant response. (PA05-0025- DAMKO) . Harveston Aberdeen - A home product review for the architectural design and placement of 92 single-family residences within the Harveston Specific Plan area. The project site is located east of Ynez Road and south of Date Street. The project was submitted on February 11, 2005. A DRC meeting was conducted on March 17,2005. The applicant submitted revised plans on March 31, 2005. Staff provided revised comments on April 22, 2005. The project will be scheduled for the June 1, 2005 Planning Commission meeting. (PA05-0045 HARRIS) . Harveston Charleston - A home product review for the architectural design and placement of 106 single-family residences within the Harveston Specific Plan area. The site is located east of Ynez Road and south of Date Street. The project was submitted on February 11, 2005. A DRC meeting was conducted on March 17, 2005. The applicant submitted revised plans on March R:\MONTHL Y.RPT\2005\4- 1-2005 Report.doc 8 31, 2005. Staff provided revised comments on April 22, 2005. The project will be scheduled for the June 1, 2005 Planning Commission meeting. (PA05-0044 - HARRIS) . Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. A second DRC letter was provided on September 10, 2004. Revised plans were submitted on February 7, 2005. A third DRC letter was provided to the applicant on April 8, 2005. Staff continues to await revised plans. (PA03-0552 - HARRIS) . Del Val Second Dwelling Unit - An application for a second dwelling was received January 23, 2004 for a 768 square foot mobile unit at 31050 Nicolas Road at Leifer Road. A pre-DRC Meeting was held on March g, 2004. A DRC meeting was held August 5, 2004. Waiting for applicant response. Staff sent a 30 day "no response" letter to the applicant on March 18, 2005. (PA04-0039 - PETERS) . Estero Street - A request for a Zone Change (from L-1 to L-2) and a Tentative Parcel Map to subdivide a 1.39 acre parcel into two parcels for single family homes. The project is located at the end of Estero Street. The applications were filed on April 19, 2004. A DRC meeting was held on July 8, 2004. Staff has had several phone conversations with the applicant and is awaiting submittal of revised plans. A 30-day no response letter was sent on March 18, 2005. (PA04 -0283 and PA04-0275 - PETERS) . Temecula Lane -A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map to construct 59 4-plex buildings totaling 236 units, 32 3-plex buildings totaling 96 units and 96 single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda Road and Temecula Lane. The project was submitted on August 8,2004. A DRC meeting was held with the applicant on October 21,2004. Plan revisions were submitted on March 3, 2005. Staff provided revision comments to the applicant on March 31,2005. Staff is awaiting revised plans, and has provided comments regarding the project Initial Study to the applicants consultant. (PA04-0496 - HARRIS) . Gallery Portraits Product Review - A Development Plan was submitted on January 27, 2005 for 10 single family residences (2 floorplans, 2 architectural elevations) located at the southeast corner of Rancho Vista & Ynez Rd. Comment letter was mailed on February 23, 2005 met with applicant on April 7, 2005. Project is scheduled for the May 12, 2005 Director's Hearing. (PA05-0021 - DAMKO) . Green Courts @ Wolf Creek - A Tentative Tract Map to subdivide 11.65 acres into 85 lots (77 residential units) with an alley type design and a minimum lot size of 3,000 square feet in Planning Area 10 of Wolf Creek. In conjunction, a Development Plan (Product Review) for 77 residential green court homes. Units range from 2, 084 square feet to 2, 204 square feet with 3 different floor plans and 3 architectural designs. This application was submitted on January 10, 2005. A DRC Meeting was held on February 24, 2005. The project was resubmitted on April 19:2005. Staff is currently reviewing and will hold a Pre-DRC meeting on May 10, 2005. (PA05- 0009 & PA05-0010 - KITZEROW) . Cottonwood at Wolf Creek - A Home Product Review for the architectural design and placement of 133 single family residences within Planning Area 20 of the Wolf Creek SpecifiC Plan Area. The project was submitted on March 21, 2005. A DRC letter was mailed to the applicant on April 22, 2005. Staff is currently awaiting resubmittal. (PA05-0084 - KITZEROW) R:\MONTHL Y.RPT\2005\4-1-2005 Report.doc 9 . Margarita Village Specific Plan Amendment (PA04-0390) to change the land use designation from VL (very-low - .2 to .4 du/acre) residential to LM (low medium - 3 to 6 du/ac) for 18.3 acres along the west side of Butterfield Stage road, north of Chemin Clinet. This is associated with a Tentative Tract Map (PA04-0392) for 36 residential lots ranging in size from 7,200 to 25,000 SF. These applications were submitted on June 2, 2004. A DRC meeting was held on July 8, 2005. The project was resubmitted on August 2, 2004 and a DRC letter was sent to the applicant on August 26, 2004. Revised plans were submitted on October 4, 2004 and again on January 6, 2005. An Initial Study was issued on April 28, 2005. This item is schedule for the June 1, 2005 Planning Commission and tentatively schedule for the June 28, 2005 City Council meeting. (KITZEROW) Miscellaneous . Sprint 100 Margarita - A Minor Conditional Use Permit for the co-location of six (6) cellular telecommunication antennas on a mono-pine, which includes the replacement of the existing 57 foot high mono-pine with a 68'4 ft mono-pine. Located at 41520 Margarita Road. The application was submitted on September 23, 2004. A DRC letter was sent to the applicant on October 19, 2004 Revised plans were submitted on December g, 2004. The applicant contacted staff on February 22, 2005 stating that the proposed site for co-location was already occupied by another carrier and that revised plans must be submitted for location on another structure on the project site. Staff is currently awaiting the submittal of revised plans. (PA04- 0529 - FISK) . Penfold Cattle Co - A Minor Conditional Use Permit to allow for the sale of beer, and wine and spirits from a restaurant to be located at 42072 5th Street, within the new Penfold Plaza building. The application was submitted on February 23, 2005. Staff anticipates that the project will be heard at the June 15, 2005 Planning Commission meeting. (PA05-0056 - FISK) . Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping Center located at the southwest corner of Margarita Road and Overland Drive. The application was submitted on March 1, 2005. A DRC letter was sent on March 28, 2005 and staff met with the applicant to review the DRC comments on April 22, 2005. Staff is currently awaiting the submittal of a revised sign program. (PA05-0064 - FISK) . Circle K Unocal - A Minor Conditional Use Permit and Public Convenience and Necessity submitted on March 29, 2005 for alcohol sales within a mini market and gas station on the southeast corner of Highway 79 South and Pechanga Parkway. A Planning Commission date is tentatively scheduled for June 1, 2005. (PA05-0091 - DAMKO . Gourmet Italia - A Minor Conditional Use Permit submitted March 24, 2005 to provide a full- service alcoholic beverage bar within an existing restaurant already serving beer & wine, located in the Tower Plaza on Ynez Road. Project is scheduled for the May 18, 2005 Planning Commission Hearing. (PA05-0087 DAMKO) . Circle K - Public Convenience & Necessity and Minor Conditional Use Permit submitted on March 29, 2005 to allow a gas station currently under construction to sell alcohol. Project site is located on the corner of Highway 79 S. and Pechanga Parkway. Project is scheduled for the June 1, 2005 Planning Commission Hearing. (PA05-0091 - DAMKO) . Rancho Baptist Church Monopole - A Conditional Use Permit application to construct an 80' foot monopole antenna facility with shelter on the northwest corner of the Rancho Baptist R:\MONTHL Y.RPT\2005\4- 1-2005 Report.doc 10 Church property, located at 29775 Santiago Road, APN 922-130-017. The application was submitted on November 9, 2004. Staff has completed a preliminary review, and the application has been forwarded to the City's newly hired telecommunications consultant for review. (PA04- 0578 - PETERS) . Cin9ular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50' high monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on April 19, 2004. Staff sent a DRC letter on June 8,2004. The applicant resubmitted plans on September 23, 2004. Staff has received 3rd party review comments and anticipates scheduling the project for a June Planning Commission hearing. (PA04-0285 - FISK) . A T& T and Verizon Wireless - A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of up to eight :1:48' high "Italian Cypress" trees stealth antennas and an 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadows Parkway. Staff has received phone calls from the surrounding residents expressing concerns about this proposal. The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial recommendation, however, the meeting was canceled and the project will be renoticed for a future Planning Commission Hearing. Staff met with the applicant on March 12, 2004, to discuss design alternatives. This application was administratively closed on May 2,2005 due to inactivity. (PA02-0335 - PAPP) . Meadowview Golf Course - Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. Staff provided an EIR comment letter to applicant the week of June 7,2004. Staff is currently waiting for the revised EIR. (PA01-0375 - PETERS) . Verizon Wireless Telecommunication -A Conditional Use Permit for a SO-foot high mono-pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono-pole is not an acceptable design for the area. The applicant indicated alternative sites would not be feasible; however, on November 10, 2003, they offered to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff met with the applicant on August 19, 2004 to discuss design alternatives. The applicant is continuing to cooperate with staff to develop an agreeable design solution. On September 16, 2004 the applicant submitted design concepts that were not supported by staff. There has been no formal resubmittal since May 10, 2004. There is a new consultant working with the applicant who is preparing a new submittal to forward to our new Telecommunication consultant for 3'" party review. (PA02-0637 - PAPP) . Cyberzone - A Minor Conditional Use Permit for the establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of the Promenade Mall. Staff has received conditions of approval from other departments and scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost their lease prior to the hearing, so the application has been continued off calendar in anticipation of another lease space becoming available within the mall. (PRJOO-906 - FISK) . Temecula Regional Hospital - A General Plan Amendment, Conditional Use Permit and Development Plan to construct a fitness center, cancer center, two medicalloffice buildings (4 stories each) and a six story hospital structure all totaling approximately 535,000 square feet, located north of Highway 79 S, south of De Portola and west of Margarita Road. Project was submitted June 30, 2004. A DRC was held on August 18, 2004. Staff and the City Council subcommittee have met with the applicant twice. The applicant submitted revised plans and a R\MONTHL YRPT\2005\4- 1-2005 Report.doc 11 Tentative Parcel Map (PA04-0571) on November 4,2004. This project went to the Planning Commission on April 6, 2005. The Planning Commission recommended that staff prepare an EIR for this project. (PA04-0462, 0463 - PAPP) . Verizon Wireless Telecommunication - A one year extension of time for a previously approved Minor conditional Use Permit (PA01-0019) to co-locate 3 antenna array panels on an existing monopine structure located at the RCWD tank in Chardonnay Hills, 31008 Rancho California Road. A Director Hearing was held on September 9, 2004 where it was re-directed to Planning Commission due to environmental concerns expressed by neighboring property owners. An Initial Study is being prepared to consider aesthetic impacts. The applicant has been notified that a Negative Declaration will be prepared. There is a new consultant working with the applicant who is preparing a new submittal to forward to our new Telecommunication consultant for 3'" party review. (PA04-0264 - PAPP) . Nextel at Bennett - A Development Plan and Conditional Use Permit to construct and operate a cellular telecommunications facility consisting of six antennas (total) on two light poles and 11.5" x 20" equipment building on 12 acres located at 32240 Highway 79 South. The application was submitted on November 1,2004. Comments from the City's consultant for 3rd party review were received on March 20, 2005. A DRC letter was sent to the applicant on March 30, 2005. Staff is currently awaiting the submittal of revised plans. (PA04-0566 - FISK) . SCE Substation - A Minor Modification to a Development Plan and Conditional Use Permit to establish a 33/12kv substation site at the corner of Nicolas Road and Calle Medusa. The application was submitted on January 12, 2005. A DRC letter was mailed to applicant on March 3, 2005. Staff is currently waiting for resubmittal. (PA05-0011 & PA-05-0012 BALES) Small Business Assistance . La Tacqueria - Staff is working with the owners of this Old Town business on a revised plan for an exterior favade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Planning Department in June. . The Stamper Building - Staff is working with the owner of this Old Town business to develop a sign program for this existing retail building on Old Town Front Street. An application for this project will be submitted to the Old Town Local Review Board in May. . Olive Oil Company - New signs for this expanded business in Old Town Temecula were approved in March and submitted to Redevelopment for funding under the Favade Improvement Program in April. . Jungletoys: - New signs for this Old Town business were approved in April and referred to the Redevelopment Department for funding under the Favade Improvement Program. . EU Sandwich & Deli - Signs for this new retail business in Old Town Temecula were approved by the Planning Department in April and funded by the Favade Improvement Program. . Belinda's Photography - Staff approved three new signs for this Old Town Temecula business in April. The project was submitted to the Redevelopment Department for funding under the Favade Improvement Program. R:\MONTHL Y.RPT\2005\4- '-2005 Report.doc 12 Special Event Permits . 2005 Bluegrass Festival- Staff helped the Redevelopment Department with this application for a temporary use permit. This event took place on March 19, 2005 in Old Town Temecula. Special Proiects & LonCl Ranae Plannina Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: . Comprehensive General Plan Update - The City Council approved the Updated General Plan on April 12, 2005. Staff is currently working with the consultant to prepare the final document. (HOGAN) . Consistency Rezoning - The initial General Plan Consistency Ordinance to amend the Development Code and the Official City Zoning Map was approved by the Planning Commission on May 4, 2005. The proposed Ordinance is scheduled for the City Council on May 24, 2005. (HOGAN) . Public Transportation Master Plan - Staff has researched how these issues have been addressed by other jurisdictions. Most of the items appear to be very long term, except for the City's current efforts focusing on park-n-ride facilities. Staff will be developing a scope of work to begin soliciting proposals after the new budget is adopted. (HOGAN) . Santa Margarita River Watershed Planning Project - Staff members from the Planning and Public Works Departments are participating in the process. Since the completion of the contract, the County of San Diego has indicated a need to continue the process behind the State funding for the initial draft of the Watershed Management Plan. Staff expects this process to start up again in the near future. However, no meetings have yet been scheduled. (HOGAN) . Automobile Dealership Signage and Special Events - Staff is working with the dealers on a proposal for weekend promotional events and increasing the overall size of their monument signs based on the information received from Automobile Dealership Association. The Planning Commission considered this item at their April 20 meeting and is forwarding a recommendation to the City Council. This item is scheduled for the May 20, 2005 City Council meeting. (WEST) . Water Quality Management Plan (WQMP) - Planning and Public Works Department staff are working together to incorporate WQMP urban runoff management requirements into the develop process to meet the MS4 permit requirements. Staff is revising the CEQA Initial Study checklist and incorporating WQMP requirements into the Planning Application forms. (WEST) . Staff has prepared a final draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." The final draft was routed to the City Attorney on September 15, 2004. This item has not yet been scheduled for public hearing. (PAPP) R\MONTHL Y.RPT\2005\4- 1-2005 Report.doc 13 . Roripaugh Estates Specific Plan Amendment - Staff is proposing to amend the Roripaugh Estates Specific Plan to resolve commercial zoning issues and existing land uses A draft Specific Plan has been developed. Staff is preparing to undertake a similar process with the Rancho Highlands Specific Plan. (PA97-0443 - WEST) . Supplemental Alcoholic Beverage Sale Standards - The draft Ordinance was presented to the Planning Commission on April 6, 2005. The Commission reviewed and Ordinance and is recommending that the Council approve the Ordinance. It has been scheduled for the May 10, 2005 City Council meeting. (HOGAN) . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. This item is on hold pending additional staff resources. . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new CEQA Guidelines, and will create new templates for standard CEQA forms. This item is on hold pending additional staff resources. . Development Code Clean-Up Amendment - Staff is proposing a clean-up amendment to the Development Code for grammatical corrections and clarification. Staff anticipates bringing forward a recommendation to the Planning Commission in June, 2005. (WEST) . Surface Mining Ordinance - Staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. . South Side Street Improvement Project - The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. This item is on hold pending additional staff resources. . Update of the Citywide Design Guidelines - Staff has completed its review of the Guidelines and has provided a comprehensive set of comments to the consultant assisting in this effort. Additional comments from the Redevelopment Director were forwarded to the consultant on January 5, 2005. The completed final screen check draft is expected to be delivered to staff on April 13, 2005. The Planning Commission recommended that the City Council approve the Updated City-Wide design guidelines on May 4, 2005. This item is tentatively scheduled to be presented to the City Council on June 14, 2005. (PAPP) . Application Revision Project - Staff is working with Public Works to update applications to require Water Quality Management Plans (WQMP) with all new submittals beginning July 14, 2005. (PETERS) . City - Project environmental reviews and permitting: o Overland Drive Extension - Staff reviewed 2nd submittal of the draft initial study 1 Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. o Diaz Road General Plan Level Improvements - Staff has prepared an initial study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff is recommending that a Negative Declaration be prepared, the scheduling of this item for the City Council will be coordinated with Public Works Department. (EA107 - PAPP) R\MONTHL Y.RPT\2005\4-1-2005 Report.doc 14 o 1-151 SR79 S. Ultimate Interchange Project - Staff has provided comments to the Public Works Department on the issues that need to be addressed in the NEPNCEQA document that is to be prepared for this project. (EA111 - WEST) o Kent Hintegartd Park - TCSD requested staff to prepare an initial study to determine the impacts of constructing a basketball court, a parking lot and a 5,520 square foot building for Boys and Girls Club at Kent Hintergartd Park. This project is related to PA04.0605 and is scheduled for the May 18, 2005 Planning Commission meeting. (EA116 - WEST) o Ynez Road Pavement Rehab - Staff reviewed the project for CEQA documentation at the request of Public Works. The project proposes to rehab Ynez Road between Rancho California Road and Solana Way. A Notice of Exemption pursuant to CEQA guidelines was submitted to the County Clerk on February 23,2005. (EA118 - WEST) General Plan Amendments . PA03-0178 TERC 52, LLC - A General Plan amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park, adjacent to the Campus project. Staff is awaiting the submittal of additional information to determine that the project is consistent with the Comprehensive General Plan Update. (PAPP) . PA04-0411, Nicolas 73 - A General Plan Amendment application (and Zone Change PA04- 0414, and TTM PA04-0415) to change the land use designation on 73 acres from very low density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was held on July 8, 2004 and DRC was held on July 15, 2004. Based upon issues raised at DRC and clarified in a follow-up letter the applicant was informed that staff does not support the GPA. Issues related to the overall project density and number of lots proposed on the map will require a resubmittal. (PAPP) R\MONTHL Y.RPT\200514-1-2005 Report.doc 15